Racial Discrimination in Mississippi Apartments

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Mississippi protects tenants from discriminatory practices by their landlord based on their race, color, national origin, and ancestry. Similarly, tenants also have protection under the federal law from discrimination based on their race, color, and national origin.

Discriminatory Actions

Discrimination is broader than just saying a certain race cannot rent an apartment. Discrimination includes:

  • refusing to make reasonable accommodations based on a tenant’s race, color, national origin, or ancestry
  • denying a loan based on their race, color, national origin, or ancestry
  • advertising an apartment that’s for or not for a person based on their race, color, national origin, or ancestry
  • denying an apartment or application based on their race, color, national origin, or ancestry
  • charging different rent or offering different amenities based on race, color, national origin, or ancestry
  • falsely stating an apartment is not available because of the tenant’s race, color, national origin, or ancestry

Miss. Code Ann. § 43-33-723 .

Language Restrictions

Landlords that have language requirements for their apartments may be discriminating against tenants based on their national origin. Landlords that are working with tenants that speak other languages can now easily use free online translation services to communicate with their tenants. HUD Guidance on Non-English Speaking Tenants.

Enforcement

Tenants may report discrimination regarding familial status, children, or pregnancy to the federal government directly. They also have the option in Mississippi to report it to state authorities. Tenants may choose to report the problem to both.

What happens when a tenant reports a problem to the federal government? The most recent year we have data is from 2016. In 2016, 63.4% (47.6% from Mississippi) of discrimination cases were resolved in the year they were filed. 12 out of the 21 discrimination complaints from Mississippi were about discrimination against children, familial status, or pregnancy. Landlords that violate the federal Fair Housing Act can face civil penalties up to $16,000 for a first violation and $65,000 for future violations (each act of discrimination is a separate violation). In cases where the Justice Department is involved, civil penalties may rise to $100,000 per violation and federal courts can add additional damages. Landlords should also keep in mind the time and costs involved in defending against an action by the federal government. About 36% of complaints end up with a charge or settlement, based on 2016 data. Data.gov

What happens when a tenant reports a problem to the authorities of Mississippi or a local government? They may ask the tenant for information to help bring the case, including any evidence (e.g., emails and pictures). If the government finds there’s sufficient information between the tenant’s complaint (as well as complaints from other tenants), the landlord may be charged and taken to court to defend themselves. Mississippi law does not describe the penalties for violations of the fair housing rules. This means a judge decides consequences on a case-by-case basis. .

Reporting a Violation

Tenants may report violations of federal laws (i.e., discrimination against children and families) through the HUD website – it can be done online or via phone. Tenants can report issues to their state government by looking at the state website. A google search for “report fair housing violation in Mississippi” will likely provide applicable information. In either case, tenants may be able to call the number on the page to ask whether their situation legally qualifies as rental discrimination.

Retaliation by the Landlord

Federal law (the https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaintFair Housing Act ) makes it illegal for landlords to harass a tenant in retaliation for reporting a problem. Examples of such harassment may include raising the rent or threatening to evict the tenant. Each such attempt is an additional violation. These protections do not apply if the tenant complained about something that they don’t have right to, so tenants should know whether it’s a violation. Dept of Housing and Urban Development.

By |September 12th, 2018|MS|