Illegal Rental Advertisement Language in South Carolina

Are you searching for a place to rent in South Carolina? It’s important to know your rights when it comes to rental advertisements. Both federal and South Carolina law protect renters from discriminatory ads, helping ensure everyone has fair access to housing regardless of race, color, or other factors. Understanding what language is not allowed can empower you to recognize and respond to illegal practices.

Which Types of Language Are Illegal in Rental Ads?

Under the federal Fair Housing Act and the South Carolina Fair Housing Law, landlords and property managers cannot use any wording that shows a preference or limitation based on certain protected characteristics.

Protected Characteristics Under South Carolina Law

• Race
• Color
• National Origin
• Religion
• Sex
• Familial Status (such as having children under 18)
• Disability

Advertisements for rentals in South Carolina—whether posted online, in print, on social media, or in flyers—cannot directly or indirectly mention any preference, limitation, or discrimination based on these traits.

Examples of Illegal Language

• "No children" or "Adults only"
• "Christians only" or "No Muslims"
• "English speakers preferred"
• "Ideal for single professionals" (if it discourages families)
• "No wheelchairs"

Even words that seem innocent can sometimes be considered discriminatory if they discourage certain protected groups. If you see any of these examples in rental ads, the ad may violate the law.

What Laws Protect Renters from Discriminatory Advertising?

• Federal Fair Housing Act
• South Carolina Fair Housing Law (S.C. Code Ann. § 31-21)

Both federal and state laws make it unlawful "to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement regarding the sale or rental of a dwelling that indicates any preference, limitation, or discrimination" based on protected characteristics.^[1][2]

If You Encounter a Discriminatory Rental Advertisement

If you spot illegal language in a rental listing, you have the right to take action. The South Carolina Human Affairs Commission (SCHAC) is the primary state agency enforcing fair housing laws. This agency investigates complaints about discriminatory rental ads and other forms of housing discrimination.

Filing a Discrimination Complaint

• Form Name: SCHAC Housing Discrimination Complaint Form
• When to Use: If you believe a rental ad in South Carolina illegally discriminates based on race, color, nationality, religion, sex, family status, or disability.
• How to Use: Download the form from the SCHAC website, fill out details about the ad and your experience, and submit it by mail, email, or fax.

What Happens After Filing?

The SCHAC will review your complaint and may investigate further. They can mediate between you and the landlord, seek to remove the discriminatory ad, and may pursue penalties for the violator. You can also file a federal complaint with the U.S. Department of Housing and Urban Development (HUD).

• File a HUD Housing Discrimination Complaint

Tips for Renters: Responding to Discriminatory Advertisements

• Document the advertisement and any communications with the landlord or agent.
• Contact SCHAC or HUD if you feel discriminated against.
• Remember, landlords cannot refuse to rent to you, or discourage you from applying, based on the protected classes listed above.

Even ads with subtle language, such as "perfect for mature tenants" or "suitable for working professionals," may be unlawful if they discourage families or other protected groups.

FAQ: Renters and Discriminatory Rental Advertising in South Carolina

1. What should I do if I see a rental ad with discriminatory language in South Carolina?
   You can report the ad to the South Carolina Human Affairs Commission using their official complaint form. Keep a copy or screenshot of the ad as evidence.
2. Is saying "no pets" considered illegal discrimination?
   No, but refusing service animals for people with disabilities is prohibited under fair housing laws.
3. Can a landlord advertise "adults only" or "no children" in South Carolina?
   No, "adults only" or "no children" is illegal unless the property legally qualifies as housing for older persons under federal law.
4. Who enforces fair housing laws for renters in South Carolina?
   The South Carolina Human Affairs Commission (SCHAC) investigates claims of discrimination. You may also file a complaint with HUD.
5. Is language like "English speakers only" allowed in rental ads?
   No. Such wording is prohibited as national origin discrimination.

Key Takeaways for South Carolina Renters

• It is illegal for rental ads to express preferences based on race, color, religion, national origin, sex, familial status, or disability.
• The South Carolina Human Affairs Commission is the main agency for complaints about discriminatory ads.
• If you see a potentially illegal ad, save a copy and file a complaint with SCHAC or HUD.

Need Help? Resources for Renters

• South Carolina Human Affairs Commission – Fair Housing (primary state enforcement agency)
• South Carolina Fair Housing Law – Official state legislation
• U.S. Department of Housing and Urban Development (HUD) – Fair Housing
• For specific complaints, use the SCHAC Housing Discrimination Complaint Form.

---

1. [1] Fair Housing Act (U.S. Department of Justice)
2. [2] South Carolina Fair Housing Law: S.C. Code Ann. § 31-21
3. [3] South Carolina Human Affairs Commission – Housing Discrimination

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