Cal. Civ. Code § 21-17-5

Powers of governing authorities.

In Force
Verified 10/30/2026 · Next check 11/5/2026
MississippiRent Regulation

Operative Text

Cal. Civ. Code § 21-17-5
(1) The governing authorities of every municipality of this state shall have the care, management and control of the municipal affairs and its property and finances. In addition to those powers granted by specific provisions of general law, the governing authorities of municipalities shall have the power to adopt any orders, resolutions or ordinances with respect to such municipal affairs, property and finances which are not inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 1972, or any other statute or law of the State of Mississippi, and shall likewise have the power to alter, modify and repeal such orders, resolutions or ordinances. Except as otherwise provided in subsection (2) of this section, the powers granted to governing authorities of municipalities in this section are complete without the existence of or reference to any specific authority granted in any other statute or law of the State of Mississippi. Unless otherwise provided by law, before entering upon the duties of their respective offices, the aldermen or councilmen of every municipality of this state shall give bond, with sufficient surety, to be payable, conditioned and approved as provided by law, in a penalty equal to five percent (5%) of the sum of all the municipal taxes shown by the assessment rolls and the levies to have been collectible in the municipality for the year immediately preceding the commencement of the term of office of said alderman or councilman; however, such bond shall not exceed One Hundred Thousand Dollars ($100,000.00). For all municipalities with a population more than two thousand (2,000) according to the latest federal decennial census, the amount of the bond shall not be less than Fifty Thousand Dollars ($50,000.00). Any taxpayer of the municipality may sue on such bond for the use of the municipality, and such taxpayer shall be liable for all costs in case his suit shall fail. No member of the city council or board of aldermen shall be surety for any other such member.
(2) Unless such actions are specifically authorized by another statute or law of the State of Mississippi, this section shall not authorize the governing authorities of municipalities to (a) levy taxes of any kind or increase the levy of any authorized tax, (b) issue bonds of any kind, (c) change the requirements, practices or procedures for municipal elections or establish any new elective office, (d) change the procedure for annexation of additional territory into the municipal boundaries, (e) change the structure or form of the municipal government, (f) permit the sale, manufacture, distribution, possession or transportation of alcoholic beverages, (g) grant any donation, or (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.
(5) The governing authority of any municipality may lease the naming rights to municipal property to a private commercial entity.

History

Codes, 1892, § 2925; 1906, § 3316; Hemingway’s 1917, § 5813; 1930, § 2393; 1942, § 3374-114; Laws, 1950, ch. 491, § 114; Laws, 1985, ch. 487; Laws, 1989, ch. 526, § 1; Laws, 1990, ch. 418, § 1; Laws, 1992, ch. 430 § 1; Laws, 1998, ch. 315, § 1; Laws, 2000, ch. 363, § 2; Laws, 2000, ch. 515, § 2; Laws, 2006, ch. 419, § 1; Laws, 2007, ch. 546, § 2; Laws, 2009, ch. 467, § 11; Laws, 2016, ch. 327, § 1, eff from and after July 1, 2016.
Source: Legislative text reproduced verbatim
Plain English

Miss. Code Ann. § 21-17-5 establishes the broad governing powers of Mississippi municipal authorities over local affairs, property, and finances, while also setting explicit limits on those powers. Notably, subsection (2)(h) prohibits municipalities from regulating—directly or indirectly—the amount of rent charged for private residential property in which the municipality holds no property interest, unless the state legislature has specifically authorized such regulation. This provision effectively functions as a statewide preemption of local rent control ordinances in Mississippi.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 30, 2026

Plain English — not legal advice.

For Property Managers

Under Miss. Code Ann. § 21-17-5(2)(h), Mississippi municipalities are expressly barred from enacting rent control or rent stabilization measures for private residential property without prior legislative approval from the state. Compliant property owners and managers in Mississippi generally operate knowing that no local ordinance can lawfully cap or regulate the rents they charge on privately owned residential units absent specific state authorization. Landlords who encounter any local attempt to impose rent regulations may find that such measures conflict directly with this statutory preemption.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Miss. Code Ann. § 21-17-5(2)(h) means that, as a general matter, Mississippi tenants do not have access to local rent control protections, because municipalities in the state are prohibited from enacting such regulations without state legislative approval. Tenants seeking to understand their rights around rent increases or lease terms may wish to review other applicable state statutes or consult a tenant-rights organization familiar with Mississippi housing law. Because this provision operates at the municipal authority level, any local ordinance purporting to regulate private residential rents would be subject to challenge under this section.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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