South Carolina Renters’ Guide to Fair Occupancy Standards

If you rent a home or apartment in South Carolina, it’s important to understand what occupancy standards are allowed, and how fair housing laws protect you and your household. Occupancy standards determine how many people can legally live in a rental unit. This article explains these limits, the law behind them, your rights, and what to do if you face occupancy discrimination under South Carolina and federal law.

What Are Occupancy Standards?

Occupancy standards are rules set by landlords or housing providers to define how many people may live in a rental unit. These rules cannot be applied in a discriminatory way. Both federal and South Carolina law require that occupancy standards be reasonable and comply with fair housing protections.

Federal Guidelines for Reasonable Occupancy

The U.S. Department of Housing and Urban Development (HUD) recommends the "two people per bedroom" standard as a general rule. However, more occupants may be allowed based on:

• The size and layout of bedroom(s) and living areas
• The overall size of the rental unit
• Age and relationship of occupants (e.g., infants may not count as a full occupant)
• State and local building or fire codes

Fair Housing Act Protections in South Carolina

Under the federal Fair Housing Act, it is illegal for landlords to set occupancy rules that result in discrimination based on:

• Race or color
• National origin
• Religion
• Sex
• Disability
• Familial status (such as having children under 18)

This means landlords can’t deny you housing or evict you for having children (unless the property is legally qualified as age-restricted housing).

South Carolina’s Rules and Enforcement

South Carolina follows federal guidelines and also has its own law, the South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. § 27-40). Neither state nor federal law allows landlords to impose unreasonable occupancy limits in a way that excludes families or certain groups.

When Are Occupancy Standards Unreasonable?

Occupancy rules become unreasonable (and possibly illegal) when they:

• Exceed local building or fire codes unnecessarily
• Deny housing to families with children without justification
• Are used to discriminate against protected groups

If an occupancy rule seems too restrictive, you can request a review from HUD or the appropriate state agency.

How to Address Disputes About Occupancy

South Carolina renters can address fair housing concerns by filing a complaint with the South Carolina Human Affairs Commission (SCHAC), which enforces state and federal fair housing laws. You can also file a complaint with HUD if you believe your rights have been violated.

Official Complaint Forms

• South Carolina Human Affairs Commission Housing Discrimination Form – Used to initiate a fair housing complaint with SCHAC.
  Example: If your landlord refuses to rent to you because you have three children, complete this form and submit it to SCHAC. Access the form here.
• HUD Form 903.1 – Housing Discrimination Complaint – Used to file a federal complaint with HUD.
  Example: If you experience occupancy discrimination, fill out this form online or mail it to HUD. File a HUD complaint.

If You Need Further Help

• Contact SCHAC at 1-800-521-0725 or visit their official website for guidance.
• Contact HUD’s Office of Fair Housing and Equal Opportunity at 1-800-669-9777 or use their complaint portal.

FAQs: Reasonable Occupancy and Your Rights

1. What is the general occupancy limit in South Carolina?
   Most landlords follow the “two people per bedroom” guideline, but exceptions exist based on unit size, children’s ages, and local codes.
2. Can my landlord evict me for exceeding occupancy limits?
   Only if you exceed reasonable limits clearly defined in your lease, and the limit complies with fair housing laws and local ordinances.
3. Are infants counted in occupancy standards?
   Not always—HUD guidance often excludes very young children from strict headcounts, but check your lease and local codes.
4. Who handles housing discrimination complaints in South Carolina?
   The South Carolina Human Affairs Commission (SCHAC) handles such complaints. HUD is also available for federal cases.
5. How do I file a fair housing complaint?
   Submit the SCHAC Housing Discrimination Form or HUD Form 903.1 with details about your situation. Links are provided above.

Key Takeaways for Renters

• Landlords in South Carolina must follow fair, reasonable occupancy standards that do not discriminate.
• You have the right to file a complaint if you’re denied housing because of unreasonable occupancy rules.
• The South Carolina Human Affairs Commission and HUD are key resources for assistance and enforcement.

Need Help? Resources for Renters

• South Carolina Human Affairs Commission – File or inquire about housing discrimination complaints.
• HUD Fair Housing and Equal Opportunity – Information on federal protections and filing procedures.
• South Carolina Residential Landlord and Tenant Act – Full state law governing tenant and landlord obligations.
• Free legal information: South Carolina Legal Services.

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1. For federal guidance, see the HUD Occupancy Standards
2. The Fair Housing Act (42 U.S.C. § 3601 et seq.)
3. South Carolina Residential Landlord and Tenant Act (S.C. Code Ann. § 27-40)
4. South Carolina Human Affairs Commission (SCHAC)

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