Can a Landlord Ask About Your Criminal History in South Carolina?

If you’re searching for a rental home in South Carolina, you might wonder how your background—including any criminal history—could affect your chances. This guide explains what landlords can and cannot ask regarding criminal background, your rights under South Carolina law, and how anti-discrimination and fair housing protections work for renters.

Are Landlords Allowed to Ask About Criminal History in South Carolina?

In South Carolina, landlords are permitted to ask prospective tenants about their criminal history during the rental application process. There is currently no statewide law prohibiting landlords from inquiring about an applicant's criminal record. However, federal law places some important restrictions on how this information can be used, especially to prevent discrimination.

Federal Fair Housing Protections

The Fair Housing Act protects renters from discrimination based on race, color, national origin, religion, sex, familial status, or disability. While criminal history is not a protected characteristic, using arrest or conviction records unfairly (for example, in a way that disproportionately impacts certain groups) may violate fair housing laws.^[1]

• Landlords must use consistent standards for all applicants
• They cannot have blanket bans on all applicants with a criminal record
• Decisions should be individualized, considering the nature and timing of any convictions

South Carolina State Laws

As of 2024, South Carolina does not have additional state-level laws restricting landlords from conducting criminal background checks or asking about criminal history. Landlords may ask about, and review, both arrests and convictions. However, local ordinances in a city or county may set additional tenant protections—always check with your local housing authority for updated policies.

Official Forms and the Application Process

There is no single statewide rental application form in South Carolina. Landlords commonly use their own rental application or a standard template. If a landlord requires a background check, you may be asked to sign a consent form, often titled “Background Check Authorization.”^[2]

• Form Name: Background Check Authorization (may vary by landlord)
  • When it’s used: You’ll sign this form when applying for a rental where the landlord wants your permission to check criminal background.
  • Example: You fill out a rental application and sign a separate consent form allowing your background to be checked.
  • Read about your rights under the Fair Credit Reporting Act

It’s important to know that criminal background checks must comply with the Fair Credit Reporting Act, which requires your written consent and gives you the right to dispute inaccuracies.

What Happens If You’re Denied Because of Criminal History?

If a landlord denies your application because of something on your background check, they must provide specific disclosures if they used a third-party report. Under the Fair Credit Reporting Act, this is called an "adverse action notice."^[3]

• Form Name: Adverse Action Notice
  • When it’s used: When a landlord denies your application based on background information.
  • Example: You’re rejected as a renter due to a background check, and the landlord must notify you in writing.
  • See official guidance on adverse action notices

How Discrimination and Fair Screening Practices Work

Federal rules require landlords to assess criminal history fairly and consistently:

• No automatic rejections based solely on any criminal record
• Consider how long ago the event occurred, what the offense was, and whether it poses a real safety risk
• If you believe you were treated unfairly or discriminated against, you can file a complaint with HUD or the South Carolina Human Affairs Commission

Which Tribunal or Agency Handles Rental Disputes?

In South Carolina, rental disputes and fair housing complaints are handled by the South Carolina Human Affairs Commission (SCHAC). This agency enforces state and federal fair housing laws. For landlord-tenant disputes unrelated to discrimination, the South Carolina Magistrate Courts handle most cases under the South Carolina Residential Landlord and Tenant Act.^[4]

Frequently Asked Questions

1. Can a South Carolina landlord reject me for any criminal conviction?
   Not always. While they can consider your criminal history, landlords must avoid blanket bans and instead look at factors like the type and timing of the offense.
2. Do I have to consent to a background check?
   You must provide written consent before a landlord can run a criminal background check as part of a tenant screening.
3. What should I do if denied housing because of my record?
   Request an explanation in writing, keep all documents, and consider contacting the South Carolina Human Affairs Commission or HUD if you believe discrimination occurred.
4. Does the South Carolina Residential Landlord and Tenant Act protect me from background check questions?
   No. The Act does not limit a landlord’s right to ask about criminal history, but they must follow fair housing standards set by federal law.

Key Takeaways for Renters

• Landlords in South Carolina may ask about criminal history but must follow federal fair housing guidelines.
• You have the right to consent before a background check and to receive an adverse action notice if denied.
• Seek help from SCHAC if you believe you were unfairly denied housing due to your background.

Understanding your rights helps ensure fair treatment and empowers you as a renter in South Carolina.

Need Help? Resources for Renters

• South Carolina Human Affairs Commission (SCHAC) — File fair housing complaints and get information
• U.S. Department of Housing and Urban Development (HUD) — Submit a federal complaint or learn more about your rights
• South Carolina Residential Landlord and Tenant Act — Review the key housing law
• South Carolina Magistrate Courts — For rental disputes
• FTC Fact Sheet: Tenant Background Checks

---

1. Federal Fair Housing Act – U.S. Department of Justice
2. Tenant Background Checks: Your Rights – Federal Trade Commission
3. Adverse Action Notices – Consumer Financial Protection Bureau
4. South Carolina Residential Landlord and Tenant Act

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations