Protected Classes in South Carolina Fair Housing Laws

South Carolina renters are protected by state and federal fair housing laws, which ensure equal opportunity in finding and keeping rental housing. Knowing which groups, or "protected classes," are legally shielded from housing discrimination can help renters recognize unfair treatment and take action if needed.

Who Is Protected? Understanding Protected Classes

Under South Carolina’s Fair Housing Law, it is illegal for landlords, property managers, or real estate professionals to discriminate against you because of specific characteristics – known as protected classes. Discrimination could include refusing to rent, setting different terms, harassing, or falsely representing a rental offer.

Protected Classes Under South Carolina Law

• Race
• Color
• Religion
• Sex (which includes gender and sexual harassment)
• National Origin
• Familial Status (such as having children under 18 or pregnancy)
• Disability (physical or mental)

These protections mirror federal law through the federal Fair Housing Act and are enforced in South Carolina by the South Carolina Human Affairs Commission (SCHAC Fair Housing page)[1][2].

Examples of Unlawful Discrimination

• A landlord rejects your rental application because of your ethnicity
• Refusing to allow reasonable modifications for a tenant with a disability
• Advertising that discourages families with children
• Charging higher rent or security deposits based on gender, religion, or other protected status

Filing a Housing Discrimination Complaint

If you believe you’ve experienced discrimination based on a protected class, you have the right to file a fair housing complaint. South Carolina renters can file with the SCHAC or the federal Department of Housing and Urban Development (HUD).[2]

Key Forms for South Carolina Fair Housing Complaints

• South Carolina Human Affairs Commission – Fair Housing Discrimination Complaint Form
  Fair Housing Complaint Form (PDF) – Use this if you believe you were discriminated against when renting a home or apartment in South Carolina. Example: If a landlord rejected your application due to your family status, complete and submit this form to SCHAC. See the latest version and instructions on the official SCHAC Fair Housing page.
• HUD Form 903 Online Complaint
  HUD Housing Discrimination Complaint Form – If you prefer, you can also file directly with HUD using this online form.

When filing a complaint, be ready to provide dates, names, and details about what happened. Keeping written records can support your claim.

What Happens Next?

• SCHAC will review your complaint and may investigate your case[2]
• You may be contacted for more information
• If probable cause is found, SCHAC will attempt mediation or may refer your case for a hearing
• You maintain the right to seek legal advice or file a private lawsuit

Where Disputes Are Handled

The South Carolina Human Affairs Commission (SCHAC) is the main agency handling fair housing complaints for renters in South Carolina.

Legislation Protecting South Carolina Renters

Your protections come from multiple laws. The key state law is the South Carolina Fair Housing Law (S.C. Code Ann. § 31-21). This is supplemented by the federal Fair Housing Act and supported by the South Carolina Residential Landlord and Tenant Act (§ 27-40).

FAQ: Fair Housing Protections in South Carolina

1. What should I do if a landlord refuses to rent to me because of my family or children?
   If you believe the refusal is based on "familial status," you can file a complaint with SCHAC or HUD using official forms and request an investigation.
2. Does South Carolina protect LGBT renters under fair housing laws?
   Under federal guidance, discrimination based on sexual orientation or gender identity may fall under "sex" protections. If you face such discrimination, contact SCHAC for advice or file a complaint.
3. Can my landlord ask about my disability or require special medical information?
   Landlords can confirm your need for a reasonable accommodation but must not ask about the specific nature of your disability. Only documentation related to your accommodation request can be required.
4. If a landlord treats me differently because of my national origin, is that illegal?
   Yes. Treating renters unfairly due to national origin is prohibited under South Carolina and federal law.
5. Who investigates housing discrimination in South Carolina?
   The South Carolina Human Affairs Commission (SCHAC) reviews and investigates fair housing complaints for renters statewide.

Key Takeaways for Renters

• South Carolina protects renters from discrimination based on race, color, religion, sex, national origin, familial status, and disability.
• If you believe you’ve been discriminated against, file a formal complaint with SCHAC or HUD for investigation.
• Keep detailed notes and documents about any suspected discrimination to support your case.

Understanding your rights as a member of a protected class helps ensure fair treatment in South Carolina’s rental housing market.

Need Help? Resources for Renters

• South Carolina Human Affairs Commission (SCHAC) – Fair Housing: File complaints, get information, or seek mediation.
• U.S. Department of Housing and Urban Development (HUD) – Fair Housing: File online complaints or access resources.
• South Carolina Fair Housing Law – Full Text
• South Carolina Residential Landlord and Tenant Act – Full Text

---

1. South Carolina Human Affairs Commission – Fair Housing
2. South Carolina Fair Housing Law (S.C. Code Ann. § 31-21)
3. South Carolina Residential Landlord and Tenant Act
4. U.S. Department of Housing and Urban Development – Fair Housing and Equal Opportunity

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