Mississippi Tenant Rights: Familial Status Discrimination Explained

Renters in Mississippi are sometimes uncertain about their legal protections when it comes to discrimination, especially regarding family make-up. Familial status discrimination—often misunderstood—means landlords cannot treat tenants unfairly just because they have children under 18 or are in the process of gaining custody or adopting a child. Understanding your rights under Mississippi and federal law can help you respond confidently if you face unfair treatment.

What Is Familial Status Discrimination?

Familial status discrimination happens when a landlord refuses to rent to you, sets different rules, or treats you differently simply because you have children, are pregnant, or are in the process of adopting or fostering a child. The federal Fair Housing Act and Mississippi law make this illegal in most types of housing.^[1]

Examples of Familial Status Discrimination

• Denying a rental application because you have children.
• Setting different rental terms, like higher deposits or rent for families with kids.
• Advertising an apartment as “adults only” or “no children.”
• Providing fewer amenities (like pool access) to renters with children.

There are a few limited exceptions, such as certain senior or retirement communities that lawfully restrict residency to older adults.

Your Tenant Rights in Mississippi

Mississippi’s fair housing protections line up with federal law, ensuring renters with children are protected from discrimination statewide. These rules are enforced by both the Mississippi Fair Housing Act and federal regulations.

Key Rights and Protections

• You have the right to housing regardless of whether you are pregnant, have children under 18, or are in the process of adopting or fostering a child.
• Landlords cannot impose stricter lease terms or different rules based on your familial status.
• Retaliation (like an eviction notice) after you assert your rights is also unlawful.

If you believe you are being treated unfairly, you have the right to file a complaint with the Mississippi fair housing authority or the U.S. Department of Housing and Urban Development (HUD).

How to File a Discrimination Complaint

If you suspect a landlord has acted illegally due to your familial status, you can take action through official complaint processes. Both the HUD and Mississippi's housing authority accept complaints.

Official Forms and How to Use Them

• HUD Form 903 Online Complaint (No number): Use this form to submit a housing discrimination complaint directly to the U.S. Department of Housing and Urban Development. If, for example, a landlord refuses to let you rent an apartment because you have a toddler, you can fill out the HUD Fair Housing Complaint form online.
• Mississippi Fair Housing Act Complaint Form: The Mississippi Home Corporation administers this process. Fill out the Mississippi Fair Housing Complaint form and submit it if you experience discrimination locally.

Practical example: If your application is denied because you mention you are pregnant or have children, you should gather any written communication (emails, letters), make detailed notes of what occurred, and promptly submit a complaint on one of the linked platforms above.

Who Handles Tenant Discrimination Cases in Mississippi?

Mississippi does not have a state-run tribunal for residential tenancies, but discrimination claims are handled by:

• U.S. Department of Housing and Urban Development - Mississippi Office
• Mississippi Home Corporation (Fair Housing Division)

Understanding the Relevant Laws

The main state law protecting Mississippi renters is the Mississippi Residential Landlord and Tenant Act.^[2] For discrimination claims, the Mississippi Fair Housing Act and federal Fair Housing Act provide additional protection.

FAQ: Familial Status and Mississippi Rental Law

1. What types of housing are exempt from familial status protections?
   Some housing for seniors (such as age 55+ or 62+ communities) may lawfully exclude families with children, but most rental housing in Mississippi must adhere to anti-discrimination laws.
2. Can a landlord charge higher deposits if I have children?
   No. It’s illegal for landlords to impose extra fees, deposits, or higher rent because you have kids under 18.
3. How long do I have to file a housing discrimination complaint?
   You must file a complaint within one year of the discriminatory act. HUD can investigate complaints made within this timeframe.
4. What should I do if my landlord retaliates after I file a complaint?
   Retaliation is against the law. Document all incidents and include them when submitting your official complaint form.
5. Do these protections apply to foster or adoptive parents?
   Yes. Mississippi law and the federal Fair Housing Act protect all families in the process of adopting or fostering children.

Conclusion: Key Takeaways for Mississippi Renters

• Mississippi renters are protected by state and federal laws from familial status discrimination.
• If you believe your rights have been violated, act quickly and document everything.
• Complaint forms are available online, and government agencies can help investigate your situation.

Know your rights and be prepared to take action to ensure fair treatment for your family in any rental situation.

Need Help? Resources for Renters

• U.S. Department of Housing and Urban Development - Mississippi
• Mississippi Home Corporation (Fair Housing Division)
• Mississippi Residential Landlord and Tenant Act
• HUD Fair Housing Complaint Process

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1. U.S. Department of Housing and Urban Development, Federal Fair Housing Act
2. Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. § 89-8)
3. Mississippi Fair Housing Act

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