What is the general occupancy standard for Mississippi rentals?

Typically, two people per bedroom is considered reasonable, but adjustments may apply depending on unit size and household composition.

Can a landlord refuse to rent to families with children in Mississippi?

No. Both state and federal fair housing laws protect families with children from occupancy discrimination.

What should I do if I suspect discrimination due to occupancy limits?

Gather documentation and file a complaint with the Mississippi Fair Housing Division or HUD as soon as possible.

Which agency addresses tenant complaints about occupancy in Mississippi?

The Mississippi Insurance Department Fair Housing Division handles these complaints for state residents.

Mississippi Occupancy Standards: Fair Housing Protections for Renters

Discrimination & Fair Housing Laws Mississippi published: June 21, 2025

Understanding how many people can lawfully live in a rental unit is important for both renters and landlords. In Mississippi, occupancy standards are governed by federal fair housing rules and local codes. This article explains reasonable occupancy standards, how they affect renters, and the protections provided under Mississippi law.

What Are Occupancy Standards?

Occupancy standards define how many people can live in a rental unit. These rules help set safe, reasonable limits and can impact whether families with children or larger households are treated fairly.

Federal Guidelines: The U.S. Department of Housing and Urban Development (HUD) uses the “two people per bedroom” rule as a general guideline, but adjustments can be made depending on unit size, age of children, and other factors.^[1]
Local Rules: Some Mississippi cities may have additional residential occupancy limits based on local health or building codes. Always check with your local housing authority for specific details.

Fair Housing Protections in Mississippi

State and federal fair housing laws protect renters from discrimination, including unfair application of occupancy standards. Under the federal Fair Housing Act and the Mississippi Fair Housing Act, it's illegal for landlords to:

Deny housing because of family status (such as having children under 18)
Set different occupancy standards that discriminate against certain groups
Use occupancy rules to unfairly refuse or evict tenants based on protected characteristics

These protections apply whether you are renting an apartment, house, or mobile home.

How Are Reasonable Occupancy Standards Determined?

HUD’s guidelines suggest two people per bedroom as a reasonable standard, but exceptions are sometimes required:

Unit Size: Larger bedrooms or living areas may allow for more people.
Children’s Ages: Infants and very young children may not count as "full" occupants.
Physical Layout: Extra rooms, finished basements, or dens can affect the count.

Landlords must apply occupancy rules fairly to all tenants and cannot use them as a way to discriminate.

What To Do If You Feel Discriminated Against

If you believe you have been denied housing or faced eviction due to unreasonable occupancy restrictions, Mississippi residents have options:

File a complaint with the Mississippi Insurance Department Fair Housing Division, which administers state fair housing laws.
Contact the U.S. Department of Housing and Urban Development (HUD) for federal cases.

You are protected from retaliation for making a fair housing complaint.

Relevant Forms for Mississippi Renters

HUD Form 903 Online Complaint
HUD Form 903 is used to file a fair housing discrimination complaint with HUD.
When to use: If you believe a landlord discriminated against you due to occupancy standards, you can submit this form online through the HUD website.
Mississippi Fair Housing Complaint Form
Mississippi Fair Housing Complaint Form lets you report suspected housing discrimination at the state level.
When to use: If the incident took place in Mississippi, you may choose to file here for a local investigation.

After submitting a complaint, you can expect to be contacted to provide more details or supporting documents.

Tip for renters: Always keep a copy of your lease, communication with your landlord, and any notices about occupancy limits for your records.

How Does Mississippi Process Fair Housing Complaints?

Complaints related to residential rental disputes are handled by the Mississippi Insurance Department Fair Housing Division. This agency investigates and mediates fair housing complaints regarding occupancy rules, discrimination, and tenant protections. For issues not covered by fair housing law, consult the Mississippi Residential Landlord and Tenant Act.^[2]

Legislation That Protects Mississippi Renters

The Mississippi Residential Landlord and Tenant Act covers most rental relationships in the state, while the Mississippi Fair Housing Act and federal Fair Housing Act provide specific anti-discrimination protections. These laws ensure that occupancy standards are enforced fairly across Mississippi rental housing.

Frequently Asked Questions about Occupancy Standards in Mississippi

What is the general occupancy standard for Mississippi rentals?
Federal guidelines suggest two people per bedroom, but exceptions may apply based on unit size and layout.
Can a landlord refuse to rent to families with children?
No. Both federal and state laws protect "familial status"—landlords cannot set occupancy limits that unfairly exclude families with children.
What should I do if I think I’m being unfairly evicted because of occupancy?
Document everything and file a complaint with the Mississippi Fair Housing Division or HUD as soon as possible, using the official forms linked above.
Are there exceptions to the occupancy standard in unusual cases?
Yes. Factors such as room size, ages of children, and physical layout may allow more or fewer people. Landlords must be flexible when reasonable.
Which government agency handles disputes about Mississippi rental housing?
The Mississippi Insurance Department Fair Housing Division investigates housing discrimination and occupancy complaints.

Key Takeaways for Mississippi Renters

Occupancy standards must be applied fairly, with at least two people per bedroom as a general rule.
Families with children are protected from discrimination under both state and federal housing laws.
If rights are violated, renters can file a complaint with Mississippi’s Fair Housing Division or HUD to seek protection and remedy.

Mississippi renters should know that fair housing laws are in place to protect against unjust occupancy limits and discrimination, and several avenues are available for help.

Need Help? Resources for Renters

Mississippi Insurance Department Fair Housing Division – File discrimination complaints and get information on fair housing protections
U.S. Department of Housing and Urban Development (HUD) – National fair housing complaint process and resources
Mississippi Center for Legal Services – Free or low-cost legal assistance for renters
Full Text: Mississippi Residential Landlord and Tenant Act

See HUD guidance: Reasonable Occupancy Standards under the Fair Housing Act.
Mississippi Residential Landlord and Tenant Act: Mississippi Code Title 89, Chapter 8.