LGBTQ+ Housing Rights for South Carolina Renters

Finding a safe and welcoming place to live is important for everyone. If you are an LGBTQ+ renter in South Carolina, it’s essential to know your rights and understand what protections exist under state and federal law. This article provides a renter-focused overview, including steps you can take if you experience discrimination, and where to get help.

Understanding LGBTQ+ Housing Protections in South Carolina

South Carolina does not have statewide laws that specifically prohibit housing discrimination based on sexual orientation or gender identity. However, federal law offers important rights for LGBTQ+ renters:

• Federal Fair Housing Act: Prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability.
• In 2021, the U.S. Department of Housing and Urban Development (HUD) clarified that "sex" under the Fair Housing Act includes sexual orientation and gender identity.
• This means landlords, property managers, and housing providers in South Carolina cannot treat LGBTQ+ renters unfairly in rental, eviction, or access to housing-related services.

What Counts as Housing Discrimination?

Examples of housing discrimination that may be illegal under federal law include:

• Refusing to rent to you because you are LGBTQ+
• Evicting you after learning about your sexual orientation or gender identity
• Making derogatory or harassing comments related to your identity
• Setting different rental terms or conditions

Your Rights as a Renter

Under the Fair Housing Act, you have the right to:

• Equal consideration for housing, regardless of sexual orientation or gender identity
• Protection from retaliation if you file a discrimination complaint
• Reasonable access to amenities and services offered to all tenants

What To Do If You Face Housing Discrimination

If you believe you have experienced housing discrimination in South Carolina, you can file an official complaint through HUD. You do not need to be a legal expert—these forms are designed for the general public.

Key Official Form: Housing Discrimination Complaint Form (HUD-903)

• Form name: Housing Discrimination Complaint Form (HUD-903)
• When to use: If you believe a landlord, property manager, or housing provider has discriminated against you because of your sexual orientation, gender identity, or another protected status.
• How to use: Fill out the HUD-903 form online or download and mail it. For example, if a landlord refuses to show you an apartment after learning you have a same-sex partner, you can describe this on the form.
• File a housing discrimination complaint with HUD

Who Handles Housing Discrimination Cases in South Carolina?

• In South Carolina, the official authority for residential tenancies and fair housing complaints is the U.S. Department of Housing and Urban Development (HUD).
• Learn more about HUD’s role at the HUD South Carolina Field Office.

Laws That Apply to South Carolina Renters

• South Carolina Residential Landlord and Tenant Act: Governs most landlord-tenant relationships in the state, but does not mention LGBTQ+ protections specifically.^[1]
• The federal Fair Housing Act is the main source of protection for LGBTQ+ renters in South Carolina.^[2]

Steps to File a Housing Discrimination Complaint with HUD

If you believe your rights as an LGBTQ+ renter have been violated in South Carolina, consider these steps:

• Gather documentation about what happened (dates, names, what was said or done)
• Submit the Housing Discrimination Complaint Form (HUD-903) through HUD’s online portal or by mail
• Wait for HUD to follow up for more information or offer mediation or investigation

FAQ: LGBTQ+ Housing Protections in South Carolina

1. Are there any South Carolina state laws that protect LGBTQ+ renters from discrimination?
   No, South Carolina does not have explicit state laws protecting LGBTQ+ renters. However, federal law offers protections through the Fair Housing Act.
2. Can my landlord evict me for being LGBTQ+?
   Under federal Fair Housing guidance, eviction because of sexual orientation or gender identity is considered discriminatory and is not permitted.
3. What should I do if I think I’ve been discriminated against?
   File a complaint with HUD using their official form, and keep any documentation that could support your claim.
4. Is there a state board or office I can contact for help?
   South Carolina does not have a state-level fair housing office, so complaints go directly to HUD, which has a field office in Columbia, South Carolina.
5. Do local cities or counties in South Carolina offer added protections?
   Some cities may have additional rules, but most protections in South Carolina come from federal law. Check with your local government for details.

Conclusion: Key Takeaways for LGBTQ+ Renters in South Carolina

• Federal law (not state law) offers the main housing discrimination protections for LGBTQ+ renters in South Carolina.
• If you experience discrimination, you can file a complaint with HUD using their official form.
• Document incidents and reach out for help—HUD is available to assist you.

Need Help? Resources for Renters

• HUD South Carolina Field Office: 1835 Assembly Street, Columbia, SC 29201. Phone: (803) 765-5592
• HUD Office of Fair Housing and Equal Opportunity: File a complaint or learn about your rights
• South Carolina Residential Landlord and Tenant Act: Full text of relevant landlord-tenant laws
• South Carolina Fair Housing Information (PDF): Basic overview and contact info (from state program)

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1. South Carolina Residential Landlord and Tenant Act
2. U.S. Fair Housing Act Overview (HUD)

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