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Mississippi Statutes, Title 43

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Mississippi/Statutes

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Title 43, Public Welfare

42 chapters · 903 sections in this title.

All chapters in Title 43903 Ch 21, Youth Court110 Ch 33, Housing and Housing Authorities110 Ch 13, Medical Assistance for the Aged; Med…81 Ch 35, Urban Renewal and Redevelopment55 Ch 15, Child Welfare49 Ch 27, Department of Human Services - Divis…49 Ch 6, Rights and Liabilities of Persons wi…38 Ch 3, Blind Persons34 Ch 1, Department of Human Services and Cou…30 Ch 12, Medicaid and Human Services Provisions25 Ch 19, Support of Natural Children25 Ch 9, Old Age Assistance24 Ch 20, Child Care Facilities24 Ch 47, Mississippi Vulnerable Persons Act23

110 sections·Filtered byTitle 43✕Ch 33✕

Miss. Code Ann. § 43-33-1 Title; definitions
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(a) Sections 43-33-1 through 43-33-53 may be referred to as the “Housing Authorities Law,” and the following terms, whenever used or referred to in said sections, shall have the following respective meanings, unless a different meaning clearly appears from the context:(a) “Author…
Miss. Code Ann. § 43-33-11 Powers of authority
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(a) An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers…
Miss. Code Ann. § 43-33-13 Operation not for profit
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It is hereby declared to be the policy of this state that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decen…
Miss. Code Ann. § 43-33-15 Rentals and tenant selection
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(a) In the operation or management of housing projects an authority shall at all times observe the following duties with respect to rentals and tenant selection:(a) It may rent or lease the dwelling accommodations therein only to persons of low income and at rentals within the fi…

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Miss. Code Ann. § 43-33-16 Prohibition against use of fraudulent means to obtain public housing

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(1) Any person who obtains or attempts to obtain, or who establishes or attempts to establish, eligibility for, and any person who knowingly or intentionally aids or abets such person in obtaining or attempting to obtain, or in establishing or attempting to establish eligibility …

Miss. Code Ann. § 43-33-17 Cooperation of authorities

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Any two (2) or more authorities may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing (including the issuance of bonds, notes or other obligations and giving security therefor), planning, un…

Miss. Code Ann. § 43-33-19 Eminent domain

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An authority shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this article after the adoption by it of a resolution declaring that the acquisition of the real property described the…

Miss. Code Ann. § 43-33-21 Planning, zoning and building laws

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All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality in which the housing project is situated. In the planning and location of any housing project, an authority shall take …

Miss. Code Ann. § 43-33-23 Bonds

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An authority shall have power to issue bonds from time to time, in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. An authority may issue such types…

Miss. Code Ann. § 43-33-25 Form and sale of bonds

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Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not to exceed that allowed in Section 75-17-103, Mississippi Code of 1972, be …

Miss. Code Ann. § 43-33-27 Provisions of bonds, trust indentures, and mortgages

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(a) In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds or obligations, an authority, in addition to its other powers, shall have power:(a) To pledge all or any part of its gross or net rents, fees…

Miss. Code Ann. § 43-33-28 Issuance of leased housing revenue refunding bonds by certain housing authorities

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Any housing authority organized under Sections 43-33-1 through 43-33-53 which is composed of ten (10) counties in the northeastern part of the State of Mississippi with counties bordering both the State of Tennessee and the State of Alabama and more specifically domiciled in a co…

Miss. Code Ann. § 43-33-29 Remedies of an obligee of authority

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(a) An obligee of an authority shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:(a) By mandamus, suit, action or proceeding at law or in equity to compel said author…

Miss. Code Ann. § 43-33-3 Finding and declaration of necessity

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It is hereby declared (a) that the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state concern and (b) that it is in…

Miss. Code Ann. § 43-33-31 Additional remedies conferable by authority

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(a) An authority shall have power by its resolution, trust indenture, mortgage, lease or other contract to confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right (in addition to all rights that may otherwise be conferred), upon …

Miss. Code Ann. § 43-33-33 Exemption of property from execution sale

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All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against an authority be a charge or lien upon its real property. However, the provisions …

Miss. Code Ann. § 43-33-35 Aid from federal government

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In addition to the powers conferred upon an authority by other provisions of this article, an authority is empowered to borrow money or accept contributions, grants or other financial assistance from the federal government for or in aid of any housing project within its area of o…

Miss. Code Ann. § 43-33-37 Tax exemption and payments in lieu of taxes

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The property of an authority is declared to be public property used for essential public and governmental purposes and such property of an authority shall be exempt from all taxes and special assessments levied by the city, the county, the state or any political subdivision there…

Miss. Code Ann. § 43-33-39 Housing bonds to be legal investments, legal security and negotiable

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The state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carryi…

Miss. Code Ann. § 43-33-41 Reports

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At least once a year, an authority shall file with the clerk a report of its activities for the preceding year, and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this article.

Miss. Code Ann. § 43-33-43 Cooperation in undertaking housing projects

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(a) For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any state public body may upon such terms, with or without consideration, as it may determine:(a) De…

Miss. Code Ann. § 43-33-45 Agreements as to payments by housing authority

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In connection with any housing project located wholly or partly within the area in which it is authorized to act, any state public body may agree with a housing authority or the federal government that a certain sum, or that no sum, shall be paid by the authority in lieu of taxes…

Miss. Code Ann. § 43-33-47 Advances to housing authority

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Any city, town, village or county located in whole or in part within the area of operation of a housing authority shall have the power from time to time to lend or donate money to such authority or to agree to take such action. Such housing authority, when it has money available …

Miss. Code Ann. § 43-33-49 Procedure for exercising powers

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The exercise by a state public body of the powers herein granted may be authorized by a resolution of the governing body of such state public body adopted by a majority of the members of its governing body present at a meeting of said governing body, which resolution may be adopt…

Miss. Code Ann. § 43-33-5 Housing authorities created

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In each town or city and in each county of the state there is hereby created a public body corporate and politic to be known as the “housing authority” of the town or city or county. However, such authority shall not transact any business or exercise its powers hereunder until or…

Miss. Code Ann. § 43-33-51 Supplemental nature of article

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The powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law.

Miss. Code Ann. § 43-33-52 Protections and immunities

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The individual commissioners, directors, supervisory employees, and supervisory agents of a housing authority, whether such housing authority is formed under this chapter or by private act, while acting in the scope of their authority, including those entities that a housing auth…

Miss. Code Ann. § 43-33-53 Article controlling

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In so far as the provisions of this article are inconsistent with the provisions of any other law, the provisions of this article shall be controlling.

Miss. Code Ann. § 43-33-61 Payments by housing authorities to local bodies

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Notwithstanding any limitations in other laws, an authority may agree to make such payments to the city or county, the state, or any political subdivision thereof (which payments such bodies are hereby authorized to accept) as the authority finds consistent with the maintenance o…

Miss. Code Ann. § 43-33-63 Housing research and studies

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In addition to all its other powers, a housing authority may, within its area of operation, undertake and carry out studies and analyses of the housing needs, and of the meeting of such needs (including data with respect to population and family groups and the distribution thereo…

Miss. Code Ann. § 43-33-65 Short title

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Sections 43-33-61 and 43-33-63 may be referred to as the “Second Supplemental Housing Authorities Law.” The Housing Authorities Law, the Supplemental Housing Authorities Law and the Second Supplemental Housing Authorities Law may be referred to as the “Housing Authorities Law.”

Miss. Code Ann. § 43-33-67 Supplemental nature of law

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The powers conferred by Sections 43-33-61 and 43-33-63 shall be in addition and supplemental to the powers conferred by any other law.

Miss. Code Ann. § 43-33-69 Law as controlling

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Insofar as the provisions of this second supplemental Housing Authorities Law are inconsistent with the provisions of any other law, the provisions of this law shall control.

Miss. Code Ann. § 43-33-7 Appointment, qualifications and tenure of commissioners

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When the governing body of a city adopts a resolution as provided in Section 43-33-5, such governing body shall forthwith appoint five (5) persons as commissioners of the authority created for said city. When the governing body of a county adopts a resolution as provided in Secti…

Miss. Code Ann. § 43-33-101 Short title

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Sections 43-33-103 through 43-33-133, inclusive, of this article may be referred to as the “Supplemental Housing Authorities Law.”

Miss. Code Ann. § 43-33-103 Creation of regional housing authority

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If the board of supervisors of each of two (2) or more contiguous counties by resolution declares that there is a need for one (1) housing authority to be created for all of such counties to exercise in such counties powers and other functions prescribed for a regional housing au…

Miss. Code Ann. § 43-33-105 Area of operation of county and regional housing authorities

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The area of operation of a housing authority created for a county shall include all of the county for which it is created and the area of operation of a regional housing authority shall include (except as otherwise provided elsewhere in this article) all of the counties for which…

Miss. Code Ann. § 43-33-107 Increasing area of operation of regional housing authority

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The area of operation of a regional housing authority shall be increased from time to time to include one (1) or more additional contiguous counties not already within a regional housing authority if the board of supervisors of each of the counties then included in the area of op…

Miss. Code Ann. § 43-33-109 Decreasing area of operation of regional housing authority

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The area of operation of a regional housing authority shall be decreased from time to time to exclude one (1) or more counties from such area if the board of supervisors of each of the counties in such area and the commissioners of the regional housing authority each adopt a reso…

Miss. Code Ann. § 43-33-111 Housing authority for county excluded from regional authority

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At any time after a county or counties is excluded from the area of operation of a regional housing authority as provided in Section 43-33-109, the board of supervisors of any such county may adopt a resolution declaring that there is a need for a housing authority in the county,…

Miss. Code Ann. § 43-33-113 Public hearing to create regional authority or change its area of operation

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The board of supervisors of a county shall not adopt any resolution authorized by Sections 43-33-103, 43-33-107 or 43-33-109 of this article unless a public hearing has first been held. The clerk of such county shall give notice of the time, place, and purpose of the public heari…

Miss. Code Ann. § 43-33-115 Commissioners of regional housing authority

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The board of supervisors of each county included in a regional housing authority shall appoint one (1) person as a commissioner of such authority, and each such commissioner to be first appointed by the board of supervisors of a county may be appointed at or after the time of the…

Miss. Code Ann. § 43-33-117 Powers of regional housing authority

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Except as otherwise provided herein, a regional housing authority and the commissioners thereof shall, within the area of operation of such regional housing authority, have the same functions, rights, powers, duties, privileges, immunities and limitations provided for housing aut…

Miss. Code Ann. § 43-33-119 Rural housing projects

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County housing authorities and regional housing authorities are specifically empowered and authorized to borrow money, accept grants and exercise their other powers to provide housing on farms or in other areas outside of cities. With respect to such housing, county and regional …

Miss. Code Ann. § 43-33-121 Housing applications by farmers

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The owner of any farm operated, or worked upon, by farmers of low income in need of safe and sanitary housing may file an application with a county housing authority or a regional housing authority requesting that it provide for a safe and sanitary dwelling or dwellings for occup…

Miss. Code Ann. § 43-33-123 “Farmers of low income” defined

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“Farmers of low income” as used in this article shall mean persons or families who (1) derive their principal income from operating or working upon a farm; (2) whose average net income is less than the amount which is necessary (as determined by the authority operating in that ar…

Miss. Code Ann. § 43-33-125 Consolidated housing authority

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If the governing body of each of two (2) or more municipalities (whether or not contiguous) by resolution declares that there is a need for one (1) housing authority to be created for all of such municipalities to exercise in such municipalities the powers and other functions pre…

Miss. Code Ann. § 43-33-127 Housing authority operations in other municipalities

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In addition to its other powers, a housing authority created for a city may exercise any or all of its powers within the territorial boundaries of any other municipality not included in the area of operation of such housing authority, for the purpose of planning, undertaking, fin…

Miss. Code Ann. § 43-33-129 Findings required for authority to operate in municipality

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No governing body of a city or other municipality shall adopt a resolution as provided in Sections 43-33-105 or 43-33-127 declaring that there is a need for a housing authority (other than a housing authority established by such municipality) to exercise its powers within such mu…

Miss. Code Ann. § 43-33-131 Meetings and residence of commissioners

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Nothing contained in this article or the Housing Authorities Law shall be construed to prevent meetings of the commissioners of a housing authority anywhere within the perimeter boundaries of the area of operation of the authority or within any additional area where the housing a…