South Carolina Fair Housing Act: An Overview

Key Takeaways

1. Fair housing laws protect tenants from discrimination based on race, color, religion, sex, national origin, disability, and familial status—and it’s your legal duty as a landlord to comply.
   
2. Common violations, intentional or not, can lead to steep fines, including unequal treatment, discriminatory questions, or failing to accommodate disabled tenants.
   
3. Staying compliant requires consistency, education, and fairness, or the support of a professional property management company like Keyrenter North Greenville.

As a landlord, it’s your legal and ethical responsibility to treat all prospective tenants fairly, regardless of their race, color, national origin, or other protected characteristics. 

The Federal Fair Housing Act, along with state and local laws, prohibits housing discrimination and ensures everyone has equal access to rental opportunities. 

Whether you’re advertising a property, screening applicants, or managing tenants, understanding fair housing laws is essential to staying compliant and avoiding costly legal issues. 

In this guide from Keyrenter North Greenville, we’ll cover what the Fair Housing Act requires, how landlords can unintentionally violate it, and how to ensure your rental practices are fair and lawful.

What is the Fair Housing Act?

The Fair Housing Act (FHA) is a landmark civil rights law enacted on April 11, 1968, during a period of intense social unrest. 

At the time, minority communities across the United States were frequently subjected to widespread housing discrimination, making the FHA a crucial step toward justice and equality.

The primary goal of the FHA was to eliminate discriminatory practices in housing, whether in renting, selling, or financing. 

Under federal law, the act protects individuals from discrimination based on seven specific classes: race, color, religion, sex, national origin, disability, and familial status.

While some states have introduced additional protections, such as sexual orientation, marital status, military service, age, or source of income, South Carolina has not enacted its own statewide fair housing legislation. 

Therefore, only the federal protections currently apply across the state. However, it’s still important to check whether your local city or county has added any additional fair housing rules.

Common Fair Housing Violations in South Carolina

Fair housing violations in South Carolina can take many forms, and they’re not always the result of malicious intent. 

Many landlords violate the law unknowingly, but ignorance is not a valid legal defense. Violations can carry serious financial penalties: up to $21,410 for a first offense, and as high as $107,050 for repeat violations.

Here are some of the most common fair housing violations to avoid:

• Refusing to rent to someone based on a protected class, such as race, religion, sex, disability, or familial status.
  
• Steering prospective tenants toward certain neighborhoods because you think they’ll “fit in better.”
  
• Treating applicants or tenants differently because of a protected characteristic.
  
• Asking discriminatory or invasive questions, such as: “Are you married?”, “Do you go to church?”, “Are you disabled?”, or “Are you gay?”
  
• Failing to provide reasonable accommodations or denying requests for accessibility-related modifications from disabled tenants.
  

How to Avoid Fair Housing Violations in South Carolina

The best way to avoid fair housing violations is through education, consistency, and fairness. Here’s how:

• Know the laws that apply to you. Familiarize yourself with the Federal Fair Housing Act, and check whether any local ordinances provide additional protections in your area. While South Carolina doesn’t add protections beyond the federal level, this could vary by city or county.
• Screen all applicants equally. Develop a consistent tenant screening process that applies to every applicant, regardless of background or identity. Avoid favoritism or biased decision-making.
• Make reasonable accommodations for disabled tenants. This includes adjusting policies, like assigning a specific parking space or waiving a “no pets” rule for a service animal, to ensure equal access and enjoyment of the property.
• Respond to maintenance requests fairly. If you prioritize some tenants over others based on personal feelings or assumptions, this can be seen as discriminatory. Treat all repair and maintenance requests with equal urgency and care.
• Consider hiring a property management company. A qualified property manager can help ensure your practices align with fair housing laws and reduce your legal risk. They can also handle tenant communication, maintenance, and documentation on your behalf.

Security Deposits and Fair Housing Compliance

When it comes to security deposits, landlords must ensure they apply policies fairly and consistently to all tenants, regardless of any protected class. 

This means charging the same deposit amount for similar units, avoiding discriminatory fees (such as pet deposits for service animals), and handling deductions and returns uniformly. 

In South Carolina, while there’s no set limit on the amount you can charge, landlords are required to return the deposit within 30 days of the tenant moving out, minus any lawful deductions. 

Inconsistent handling of security deposits can not only create tenant disputes, it may also raise red flags under fair housing laws.

Conclusion 

Now that you have a better understanding of the Fair Housing Act and how it applies in South Carolina, you’re well on your way to becoming a more informed and compliant landlord. 

While certain exceptions to the law do exist, they are rare and apply only under very specific conditions, so it’s always best to err on the side of caution.

If you have questions or need expert guidance, Keyrenter North Greenville is here to help. 

As a trusted property management company serving Greenville, SC, and the surrounding areas, we specialize in helping landlords stay compliant, reduce risk, and maximize rental success. 

Contact us today to learn how we can support your property management needs.

Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.