Fair Housing Enforcement and Testing Agencies in South Carolina
Understanding your fair housing rights is crucial for renters in South Carolina. Discrimination based on race, color, religion, sex, disability, familial status, or national origin is illegal under federal and state law. If you believe you have faced discrimination in finding or keeping your home, South Carolina provides testing and enforcement agencies to help protect your rights.
What Is Fair Housing Testing?
Fair housing testing is a tool used to detect discrimination. Testers (trained volunteers or staff) pose as renters to identify if illegal discrimination is happening in housing transactions, such as during apartment viewings or rental applications. Testing results can help agencies enforce fair housing laws and support formal complaints.
Which Agencies Enforce Fair Housing in South Carolina?
Several agencies help enforce fair housing laws and offer support to renters:
- U.S. Department of Housing and Urban Development (HUD) – Handles complaints under the federal Fair Housing Act (learn more on HUD's Office of Fair Housing and Equal Opportunity).
- South Carolina Human Affairs Commission (SCHAC) – The state’s official agency investigating housing discrimination and conducting testing. Visit the SCHAC housing discrimination page to learn about its services.
These agencies investigate complaints, conduct fair housing testing, and educate the public.
How to Report Housing Discrimination
If you believe your fair housing rights have been violated, you can file a complaint through state or federal agencies. Complaints should be submitted as soon as possible—generally within one year of the alleged discrimination. Here’s how:
1. File with the South Carolina Human Affairs Commission (SCHAC)
- Form: Fair Housing Complaint Form
- How To Use: Use this official SCHAC form if you experienced housing discrimination in South Carolina. For example, if you believe a landlord refused to rent to you because of your race, fill out this form and submit it to SCHAC as instructed.
- Completed forms can be emailed, mailed, or delivered in person to SCHAC’s office. The form includes detailed filing instructions.
2. File with U.S. Department of Housing and Urban Development (HUD)
- Form: HUD Form 903 Online Housing Discrimination Complaint Form
- When To Use: If your housing problem may violate federal law (race, disability, etc.), you can file online, by mail, or by phone. For example, if a landlord denied you an apartment due to your family status, use this form to file a complaint with HUD.
- You can complete the form online at the HUD official online complaint page.
What Happens After You File a Complaint?
Once you file, agencies like SCHAC or HUD will:
- Acknowledge receipt of your complaint
- Begin investigation, which may include interviews and fair housing testing
- Attempt to resolve the complaint through mediation or refer it for enforcement
In some cases, agencies will use fair housing testers to verify if discrimination is occurring.
If you’re unsure which agency to file with, consider contacting both SCHAC and HUD for guidance. You can file with both at the same time, and agencies will coordinate the investigation.
Relevant South Carolina Rental Law
In addition to federal law, South Carolina renters are protected by the South Carolina Residential Landlord and Tenant Act. This law outlines general landlord and tenant rights, though specific anti-discrimination protections are enforced under federal and state law through the agencies listed above.
If your issue involves tenancy rights beyond discrimination—such as eviction or security deposits—the SC Residential Landlord and Tenant Act is the main governing legislation.
Accessing Official Forms
Forms for reporting discrimination are available online. Always use forms from the official SCHAC or HUD websites to ensure your submission is valid.
- SCHAC Fair Housing Complaint Form: Download here
- HUD Form 903: Download and instructions
Which Tribunal or Board Handles Rental Disputes?
There is no dedicated South Carolina tribunal solely for landlord-tenant matters. However, discrimination complaints go to the South Carolina Human Affairs Commission (SCHAC). General rental disputes—such as deposit or eviction issues—may be filed in your local South Carolina Magistrate Court.
Frequently Asked Questions
- What should I do if I experience housing discrimination?
Contact SCHAC or HUD as soon as possible and complete their complaint forms. Provide as much detail and supporting information as you can. - Can I file a fair housing complaint anonymously?
You must provide your contact details, but agencies will keep your information confidential during investigation. Anonymous complaints often cannot be investigated fully. - Is there a deadline to report housing discrimination in South Carolina?
You generally have one year from the discriminatory incident to file a complaint with SCHAC or HUD. - What is fair housing testing?
Fair housing testing involves trained individuals posing as renters to determine if illegal discrimination is occurring in the housing process. - Who can help me with my rights if I am unsure what to do?
Contact SCHAC, HUD, or a local legal aid service for free guidance and support.
Understanding your rights and available resources offers vital protection.
Summary: Key Takeaways
- Fair housing laws in South Carolina protect renters against discrimination by landlords and housing providers.
- The South Carolina Human Affairs Commission (SCHAC) and HUD are your main enforcement and testing agencies.
- Use official forms promptly if you need to file a complaint. Support and investigation resources are available.
Being proactive and informed helps you protect your rights as a renter in South Carolina.
Need Help? Resources for Renters
- South Carolina Human Affairs Commission Housing Page – File discrimination complaints and access fair housing guides.
- HUD Office of Fair Housing and Equal Opportunity – Federal support for reporting housing discrimination.
- South Carolina Legal Services – Free or low-cost legal help for eligible renters facing discrimination or tenancy issues.
- South Carolina Magistrate Court System – Where general rental disputes (outside of discrimination) may be filed.
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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