South Carolina Fair Housing Act: An Overview

As a landlord, you have a responsibility to treat your tenants equally and with respect. 

After the abolition of slavery in 1865, housing discrimination became more pronounced. Jim Crow laws not only allowed discrimination in housing, but also in schools, stores and public transportation. 

It wasn’t until the 1950s and 60s that the clamor for fair housing began. The Civil Rights Movement played a key role in bringing an end to housing discrimination as well as in private employment. 

The first two pieces of legislation aimed at addressing discrimination were the Rumford Fair Housing Act of 1963 and the Civil Rights Act of 1964. However, the real groundbreaking legislation—the Fair Housing Act—came four years later. 

The act was passed and signed into law after the assassination of Martin Luther King, Jr, one of the most prominent civil rights leaders at the time. 

Who Is Protected by the Fair Housing Act? 

The Federal Fair Housing Act prohibits discrimination in housing based on seven protected classes: 

1. Race: As a landlord, you must treat all tenants fairly regardless of their race.
2. Color: Your policies and actions should be fair toward everyone, no matter their appearance.
3. Religion: It would be illegal for a landlord to, for example, refuse housing to a tenant on the basis of them belonging to a certain religious belief.
4. National Origin: Whether a tenant is of Asian, African, or any other nationality, it’s your responsibility to treat them equally.
5. Familial Status: Having children or the lack thereof shouldn’t be a basis for treating a tenant differently.
6. Sex: No matter a tenant’s sex, everyone has a right to equal treatment in housing matters. 
7. Disability: As a landlord, you can’t deny housing to a tenant solely based on their disability. Tenants who use service animals for example, are protected from any form of housing discrimination. 

What Acts Might Qualify as Discriminatory? 

According to the South Carolina Human Rights Commission, the following acts qualify as discriminatory:

• Refusing to rent your property on a bona fide offer. 
• Lying about the availability of your rental property. 
• Offering different terms and conditions to different tenants. 
• Refusing to make reasonable modifications or modifications for disabled tenants. 
• Persuading a tenant to rent based on perceptions about the future neighborhood’s demographics. 
• Screening tenants discriminatorily based on their race, color, nationality, or any other protected class. 
• Asking discriminatory questions to potential tenants. 
• Retaliating against your tenant for reporting you for housing discrimination. 
• Increasing rent for your tenant based on a protected class. 
• Advertising your property in a manner that discourages certain groups of people from applying. 

Are There Exemptions to the Fair Housing Act? 

Yes, there are. Exemptions include: 



• Members-only private organizations or clubs. 
• Owner-occupied homes that have at least four units. 
• Single-family homes that the owner rents out without using any brokerage services. 

What Government Agency Enforces the Fair Housing Act? 

At the Federal level, the Department of Housing and Urban Development (HUD) is tasked with enforcing the anti-discrimination law. Some states also have local agencies that enforce the state’s housing discrimination matters.

In South Carolina, the act is enforced by the South Carolina Human Rights Commission. 

Once a tenant files a formal complaint, the commission will investigate the claim and, if the claim is deemed justified, will recommend the matter for civil litigation. 

How Can South Carolina Landlords Avoid Housing Discrimination Complaints?

Here are some tips to help you avoid tenant discrimination issues when renting out your South Carolina rental property: 

Have Consistent Policies. 

However you treat one tenant should be the way you treat all tenants. For example, if you charge one tenant with a security deposit, you should apply the same policy to all your tenants.

Maintaining the same standards of practice for all will make sure everyone is treated equally. 

Keep a Cool Head in All Interactions With Your Tenant. 

Regardless of what a tenant has done, keep your cool and act professionally. This will prevent a situation from escalating.

Be Mindful of What You Say to a Prospective Tenant. 

Vacancies are inevitable in the life of any landlord. When a prospect comes looking, make sure you’re mindful of how you speak to them. Saying that there’s no vacancy, for instance, even if you’re joking, might create problems for you later on. 

Make Sure Your Screening Questions are Appropriate. 

As a landlord, you have no business asking certain questions to a potential tenant. Examples include: Are you married? Are you of Asian origin? How many kids do you have? Are you disabled? Which religion do you profess? Are you Latino or Hispanic?

Create Proper Ads. 

The ads you create can also land you in legal trouble. Avoid using certain phrases when drafting a lease agreement. Examples of phrases to avoid include: No Children, No Dogs Allowed, No Children Allowed, Singles Preferred and Christians Only.

Hire a Property Management Company. 

Are you a new landlord not yet well acquainted with South Carolina landlord-tenant laws? Or, are you an out-of-state investor looking to hire a local and reputable property management company? In any case, consider hiring AIM Real Estate Management.

Our property management team can help you in all areas of being a landlord. We will market your property, conduct the tenant screening process, collect rent on time and keep your property legally compliant. 

Bottom Line: Understanding the Fair Housing Act

It’s essential for all South Carolina landlords to understand the South Carolina Fair Housing Act. If you need expert help, partner with AIM Real Estate Management today. We are a quality property management company serving Hilton Head and the surrounding areas. 

We have the experience, knowledge, and resources to help you overcome any challenge you may currently be facing. We understand the protected classes under the Fair Housing Act and have extensive experience applying South Carolina law to property management. 

Get in touch with us to learn more about the Fair Housing Act and our full-service property management services by dialing (888) 344-4246 or (888) 920-7881 today.

Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.