Mississippi Statewide Rule
Mississippi Bans Local Rent Control
Key Facts
- Local rent control
- Banned (state-preempted)
- Statewide rent cap
- None
- Preemption statute
- Miss. Code Ann. § 21-17-5(2)(h)
- Cities with rent control
- None
Summary
Rent control is barred at the local level in Mississippi. Miss. Code § 21-17-5(2)(h) prohibits a municipality from regulating, directly or indirectly, the amount of rent charged for leasing private residential property in which it has no property interest. There is no statewide rent cap, and no Mississippi city has rent control.
(h) without prior legislative approval, regulate, directly or indirectly, the amount of rent charged for leasing private residential property in which the municipality does not have a property interest. (3) Nothing in this or any other section shall be construed so as to prevent any municipal governing authority from paying any municipal employee not to exceed double his ordinary rate of pay or awarding any municipal employee not to exceed double his ordinary rate of compensatory time for work performed in his capacity as a municipal employee on legal holidays. The governing authority of any municipality shall enact leave policies to ensure that a public safety employee is paid or granted compensatory time for the same number of holidays for which any other municipal employee is paid. (4) The governing authority of any municipality, in its discretion, may expend funds to provide for training and education of newly elected or appointed municipal officials before the beginning of the term of office or employment of such officials. Any expenses incurred for such purposes may be allowed only upon prior approval of the governing authority. Any payments or reimbursements made under the provisions of this subsection may be paid only after presentation to and approval by the governing authority of the municipality.
Full Breakdown
Mississippi expressly preempts local rent control. Miss. Code § 21-17-5(2)(h) provides that the governing authorities of a municipality may not "regulate, directly or indirectly, the amount of rent charged for leasing private residential property in which the municipality does not have a property interest." The only carve-out preserves a city's ability to set rent on property in which it holds an interest, such as housing it owns. Because the statute occupies this field, no Mississippi city or town may impose a rent ceiling or rent-increase cap on private landlords. Mississippi also sets no statewide limit on rent or rent increases, so for residential tenancies rent is governed by the lease and ordinary notice rules rather than any cap.
Violations & Penalties
Any local ordinance attempting to cap private residential rent would be void and unenforceable as preempted by Miss. Code § 21-17-5(2)(h). A landlord or affected party could have such a measure struck down in court; no penalty mechanism exists because municipalities lack authority to enact rent control at all.
Frequently Asked Questions
Is rent control legal in Mississippi?
Can a city in Mississippi pass its own rent control?
Is there a limit on how much rent can increase in Mississippi?
Sources
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