Proving Discriminatory Rental Screening in South Carolina

Finding a place to rent can be stressful. If you suspect you’ve faced unfair treatment during the application process because of your race, religion, disability, or other protected characteristic, understanding your rights in South Carolina is crucial. This guide will walk you through how to identify, document, and prove discriminatory rental screening practices—so you feel confident about taking your next steps.

Understanding Fair Housing Protection in South Carolina

The federal Fair Housing Act and the South Carolina Fair Housing Law protect renters from discrimination based on:

• Race or color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Disability
• Familial status (such as having children)

Landlords and property managers cannot use these characteristics for screening decisions, including applications, background checks, or setting terms and conditions.

What Counts as Discriminatory Screening?

Discriminatory screening isn’t always obvious. Common examples include:

• Denying your rental application for unclear or shifting reasons
• Applying stricter credit or income rules based on your background
• Denying reasonable accommodations for disability
• Charging higher deposits or fees to certain groups
• Refusing to show available units based on your appearance or accent

How to Gather Evidence of Discrimination

Proving discrimination means showing that the landlord’s screening practice treated you unfairly based on a protected characteristic. To do this, keep detailed records, such as:

• Written rejection letters or emails
• Notes from conversations (date, time, who was present)
• Rental ads or listings indicating exclusion (for example, “no children”)
• Witness statements (from others who saw the interaction)
• Copies of your application and supporting documents
• Comparisons showing different treatment between you and others

In some cases, you may ask a friend (with a different protected characteristic) to apply for the same unit to investigate whether screening results differ. Be mindful: If you believe you’ve been discriminated against, act quickly, as complaint deadlines may apply.

How to File a Fair Housing Complaint in South Carolina

If you have gathered evidence and believe discrimination occurred, you have the right to file a formal complaint. Here’s how:

Step 1: File a Complaint with the South Carolina Human Affairs Commission

• Form Name: Fair Housing Complaint Form
• When/How to Use: Use this if you believe a landlord or manager has discriminated against you based on a protected class. Complete the form describing the incident and attach any gathered evidence. Submit by mail, email, or in person to the South Carolina Human Affairs Commission (SCHAC).

You may also file a federal complaint through the U.S. Department of Housing and Urban Development (HUD) Online Intake Form.

Step 2: Know the Tribunal

The South Carolina Human Affairs Commission (SCHAC) is the main agency handling fair housing complaints in the state. SCHAC may investigate, mediate, or refer your case for further legal action if discrimination is found.

Step 3: What Happens Next?

After filing, SCHAC will review your complaint, gather additional evidence, and may try to resolve the dispute through mediation or investigation. If evidence supports your claim, SCHAC can pursue remedies such as stopping discriminatory practices or awarding damages.

Keep a copy of all your forms and communications with the agency—documentation is key to a strong complaint.

Relevant South Carolina Fair Housing Legislation

• South Carolina Fair Housing Law (South Carolina Code of Laws Title 31, Chapter 21)
• Federal Fair Housing Act

This legislation outlines the rights and responsibilities of both landlords and tenants in South Carolina regarding discrimination and rental practices.

Frequently Asked Questions

1. What types of proof help with a fair housing complaint?
   Keep rejection letters, application copies, any emails or written notes, and witness statements. Comparing your experience to others can also strengthen your case.
2. Is there a deadline for filing a discrimination complaint?
   Yes. Both SCHAC and HUD recommend filing within one year from when the discrimination happened.
3. Can I be evicted for reporting discrimination?
   No. Retaliation for filing a fair housing complaint is illegal under both state and federal law.
4. What if my landlord says the property is no longer available but keeps advertising it?
   This could be evidence of discrimination, especially if it happens after you disclose a protected characteristic or need an accommodation. Document when you saw conflicting ads and include this in your complaint.
5. Who investigates rental discrimination in South Carolina?
   The South Carolina Human Affairs Commission (SCHAC) is the primary agency handling these cases in the state.

Key Takeaways: Your Rights and Next Steps

• South Carolina law protects renters from discrimination in rental screening and tenant selection.
• Gather documentation such as rejection letters, applications, and any communication.
• If you experience discrimination, file a complaint with SCHAC using the official form and act promptly.

Know your rights and resources—taking action is possible and help is available.

Need Help? Resources for Renters

• South Carolina Human Affairs Commission (SCHAC): File complaints, get information, and access mediation services. Phone: (803) 737-7800
• U.S. Department of Housing and Urban Development (HUD): National fair housing resources
• Legal Aid in South Carolina: Free or low-cost legal help for renters facing discrimination
• South Carolina Fair Housing Law (SC Code Title 31, Chapter 21): State tenant discrimination law text

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1. Fair Housing Act (42 U.S.C. §§ 3601-3619)
2. South Carolina Code of Laws Title 31 Chapter 21—Fair Housing Law
3. South Carolina Human Affairs Commission (SCHAC)
4. HUD Fair Housing Discrimination Complaint Form
5. SC Fair Housing Complaint Form (PDF, SCHAC)

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