Does South Carolina Ban Source of Income Discrimination?

If you're renting in South Carolina, you may wonder whether landlords can refuse your application or deny your lease renewal based on your source of income, such as public assistance or a housing voucher. Understanding your rights under state and federal law is essential if you rely on nontraditional income sources. This article explains current protections for renters, what to do if you believe you've been discriminated against, and where you can go for support.

What Is Source of Income Discrimination?

Source of income discrimination happens when a landlord refuses to rent to someone or treat them equally because of the way they pay rent. This can include wages, Social Security, alimony, or housing assistance programs like Section 8 (Housing Choice Voucher Program).

Are There Statewide Protections in South Carolina?

Unlike some states, South Carolina does not have a statewide law prohibiting source of income discrimination in housing. This means that, in most places across the state, landlords are generally permitted to reject applicants or tenants because they use housing vouchers, disability benefits, or other legal sources of income.

• There are no major cities or counties in South Carolina that have passed local ordinances banning this kind of discrimination as of this year.
• Landlords still must comply with federal fair housing laws which protect against discrimination based on race, color, national origin, religion, sex, familial status, or disability, but not source of income specifically.^[1]

It is important to review your lease and check with local authorities, as laws can sometimes change at the city or county level.

Federal Protections and Section 8 Vouchers

While the federal Fair Housing Act does not include source of income as a protected category, it does protect renters from discrimination based on disability, race, and other factors. Landlords must not refuse reasonable accommodations or modifications if you have a disability.^[1]

South Carolina landlords are not required by state law to accept Section 8 vouchers or other forms of housing assistance, unless refusing would be discriminatory under another protected category, such as disability.

What Can Renters Do If They Experience Discrimination?

If you believe you have experienced discrimination based on a protected category (other than source of income), you can file a complaint. If your denial appears tied to disability, race, or another protected status, you may have options for recourse.

• Contact the U.S. Department of Housing and Urban Development (HUD) – South Carolina Field Office
• You may also file with the South Carolina State Housing Finance and Development Authority

The residential tenancy matters in South Carolina are handled by South Carolina Magistrates Court, which oversees landlord-tenant disputes.^[2]

Key Forms You May Need

• HUD Housing Discrimination Complaint Form (HUD-903.1)
  When to Use: File this form if you believe a landlord has discriminated against you based on a protected category (not generally for source of income alone).
  Example: A renter with a disability is denied a reasonable accommodation.
  Download the HUD-903.1 Form (official site)
  
• South Carolina Magistrate Court Forms – Residential Tenant Actions
  When to Use: If you are facing eviction or another dispute (not specific to discrimination), you might need to respond to complaints or file motions.
  Find Magistrate Court Forms Here (choose "Summary Court/ Magistrate Court" and appropriate residential forms)

How to File a Discrimination Complaint with HUD

You can submit your complaint online, by mail, or by phone. HUD investigates and may mediate between you and your landlord. If you need to escalate a complaint in South Carolina, you may be required to participate in court mediation with the landlord at Magistrates Court.

Relevant Legislation

• South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40)
• Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968)

Reviewing these laws can help you understand the scope of your rights.

Frequently Asked Questions: South Carolina Source of Income Discrimination

1. Does South Carolina law protect renters from source of income discrimination?
   No, South Carolina does not have a law that specifically bans source of income discrimination by landlords.
2. Can a landlord refuse to accept Section 8 vouchers in South Carolina?
   Yes, unless refusing would violate another fair housing protection, landlords can choose not to accept Section 8 vouchers in South Carolina.
3. What should I do if I suspect discrimination for reasons other than source of income?
   You can file a complaint with HUD or contact the South Carolina Human Affairs Commission for guidance and possible investigation.
4. Is there a specific form for reporting housing discrimination?
   Yes, use the HUD Housing Discrimination Complaint Form (HUD-903.1) to begin the process.
5. What tribunal handles housing-related disputes in South Carolina?
   The South Carolina Magistrates Court oversees landlord-tenant matters, including evictions and disputes.

Summary and Key Takeaways

• South Carolina does not have a statewide law that prohibits source of income discrimination by landlords.
• Federal law protects against many forms of housing discrimination, but not source of income alone.
• You can report discrimination for protected reasons using official HUD forms or by contacting the South Carolina Magistrates Court for tenant-landlord disputes.

Knowing your rights under state and federal law can help you navigate rental challenges more confidently.

Need Help? Resources for Renters

• HUD Discrimination Complaint Process
• South Carolina State Housing Finance and Development Authority: Rental assistance information and support
• South Carolina Human Affairs Commission: Investigates discrimination complaints
• South Carolina Magistrates Court: Handles landlord-tenant legal disputes
• South Carolina Residential Landlord and Tenant Act (Full Text)

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1. "Federal Fair Housing Act". U.S. Department of Housing and Urban Development. Fair Housing Act Overview
2. "South Carolina Residential Landlord and Tenant Act, Title 27, Chapter 40." View the state legislation here

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