Accessible Unit Rules for New Rental Buildings in South Carolina

If you are renting or planning to rent a new apartment in South Carolina and you or a family member have a disability, it’s important to understand your rights to accessible units in new construction. Both federal and state law offer protections to ensure that housing built after certain dates is accessible to renters with disabilities. This article covers what you can expect, official resources, and how to take action if you face accessibility barriers.

What Are Accessible Unit Requirements in New South Carolina Rentals?

Accessible unit requirements set standards for newly built apartment complexes and similar housing. These standards make sure certain features—like ramps, wider doorways, and accessible routes—are provided, so renters with mobility or other disabilities can safely use their homes.

Federal Accessibility Protections

Under the Fair Housing Act (FHA), all multi-family residential buildings constructed for first occupancy after March 13, 1991, must meet basic accessibility requirements.^[1] These requirements apply to:

• Buildings with 4 or more units (like apartment communities)
• Units on the ground floor in walk-up buildings
• All units served by an elevator

The rules include (but aren’t limited to):

• An accessible entrance on an accessible route
• Accessible common and public areas
• Doors wide enough for wheelchairs
• Accessible environmental controls (light switches, thermostats)
• Bathrooms and kitchens designed for access

The Americans with Disabilities Act (ADA) may also apply if the building includes public amenities, such as leasing offices or recreation centers.^[2]

South Carolina-Specific Accessibility Rules

South Carolina generally follows federal accessibility standards for housing. The South Carolina Building Codes Council adopts accessibility codes through the South Carolina Building Codes, including requirements for new rental construction.^[3] Your city or county may also set stricter local rules, so check with your local Building Department.

How Many Accessible Units Must Be Provided?

For new buildings covered by the FHA, all ground floor units in non-elevator buildings, and all units in elevator buildings, must comply with accessibility requirements. There is no fixed number or percentage for “fully accessible” units, but all units must meet the basic design standards. Subsidized or publicly funded buildings may have stricter quotas under HUD requirements.

Requesting Modifications and Reporting Violations

Renters have the right to request reasonable modifications—even in new buildings—if additional changes are needed for accessibility. Landlords must allow these unless it would create an undue financial or administrative burden.^[4]

Common Forms for South Carolina Renters

• Reasonable Accommodation Request Form
  When to use: If you need your landlord to make a change for accessibility (like allowing a ramp or installing grab bars).
  How to use: Submit this form to your property manager or landlord. Use it to explain the change you need and why.
  HUD Reasonable Accommodation/Modification Request Form
• Fair Housing Discrimination Complaint Form
  When to use: If your landlord refuses an accessibility request or the building is not compliant.
  How to use: File directly online or mail to HUD. HUD will investigate and may mediate or take enforcement action.
  HUD Fair Housing Complaint Portal

Which Tribunal Handles Rental Disputes in South Carolina?

Rental disputes in South Carolina—such as failure to provide accessible housing—are typically handled by the South Carolina Magistrate Courts. For accessibility discrimination, you may also work with HUD or the state’s fair housing enforcement agencies.

The main law regulating landlord–tenant rights in the state is the South Carolina Residential Landlord and Tenant Act.^[5]

Frequently Asked Questions About Accessible Housing in South Carolina

1. Which new buildings must provide accessible units in South Carolina?
   Any new multi-family buildings with four or more units, constructed after March 13, 1991, must comply with federal accessibility standards.
2. How can I file a complaint if my rental isn’t accessible?
   You can file a complaint with HUD using the Fair Housing Complaint Portal or through the South Carolina State Housing Authority. You’ll need to describe the problem and any actions you’ve taken so far.
3. Are there official forms to request disability accommodations?
   Yes. Use a Reasonable Accommodation Request form, such as HUD’s online template, to submit your request to your landlord in writing.
4. Can my landlord deny a request for modifications?
   They generally must allow modifications for access unless it creates an undue hardship. They may ask you to restore certain changes when you move out, if reasonable.
5. Who investigates housing accessibility complaints in South Carolina?
   Complaints may be investigated by HUD, the South Carolina State Housing Finance and Development Authority, or—if it becomes a legal dispute—by the South Carolina Magistrate Court system.

Summary: Key Takeaways for Renters

• New apartment buildings in South Carolina must meet federal and state accessibility standards for renters with disabilities.
• Renters can file official requests or complaints if those standards are not met using government-provided forms.
• Magistrate Courts or HUD can help resolve disputes about accessibility.

Need Help? Resources for Renters

• HUD Fair Housing and Equal Opportunity (federal complaints, forms, investigation)
• South Carolina State Housing Finance and Development Authority (state housing questions and assistance)
• South Carolina Magistrate Court (legal disputes and tenant complaints)
• South Carolina Building Codes Council (building code and accessibility standards)

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1. Fair Housing Act: Accessibility Requirements for Covered Multifamily Dwellings
2. Americans with Disabilities Act (ADA) Statutes and Regulations
3. South Carolina Building Codes Council: State Building Codes
4. HUD Reasonable Accommodation and Modification Forms
5. South Carolina Residential Landlord and Tenant Act

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