South Carolina Rules for Agricultural Worker Housing

If you're an agricultural worker renting housing in South Carolina, it's important to understand your rights and the regulations that protect you. Seasonal and migrant farmworker housing has special legal standards to safeguard health, safety, and fair treatment. This guide explains South Carolina agricultural worker housing regulations, how complaints are handled, and where you can get help as a renter.

Understanding Agricultural Worker Housing Regulations in South Carolina

Agricultural worker housing in South Carolina is regulated to ensure living conditions meet basic health and safety requirements. Property owners and employers who provide housing to farmworkers must comply with state and federal standards, which include:

• Sanitation: Housing must have proper toilets, clean water, handwashing facilities, and waste disposal.
• Occupancy Limits: The number of residents per room is limited, with separate requirements for families and individuals.
• Maintenance: All buildings must be safe, watertight, and in good repair. This means prompt repairs if something breaks or becomes hazardous.
• Pest Control: Housing must be free from infestations, such as insects and rodents.
• Inspections: The South Carolina Department of Labor, Licensing and Regulation (LLR) conducts inspections and issues certifications.

These rules help ensure your housing is healthy and dignified while you work in South Carolina.
Most agricultural worker housing is regulated by the South Carolina Department of Health and Environmental Control (DHEC) - Migrant Labor Camps Program and the Labor Division of the South Carolina Department of Labor, Licensing and Regulation.^[1]

Your Rights as an Agricultural Worker Renter

Agricultural workers who rent housing are protected by a mix of South Carolina laws and, in many cases, federal regulations. While employer-provided housing has unique standards, your rights include:

• The right to housing that meets all safety and health requirements.
• The right to a written rental agreement outlining terms and conditions.
• Protection from retaliation for reporting unsafe housing.
• The right to request repairs and reasonable accommodations.
• Freedom from illegal or sudden eviction—at least proper notice is usually required.

Most of these rights are based on the South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40).^[2]

Which Tribunal Handles Tenant Complaints?

If you have a housing problem and cannot resolve it with your landlord, you may seek help from the local Magistrate Court. The South Carolina Magistrate Court handles most landlord-tenant disputes, including those involving farmworker housing.^[3]

Key Forms for Renters in Agricultural Worker Housing

• Form: Complaint for Violation of Housing Regulations
  No statewide standard form number; use your local health department or DHEC complaint form.
  When to use: Use this if your housing does not meet health or safety laws and your landlord will not fix the problem. For example, if there's no clean drinking water, or if repairs are ignored. Download the DHEC Migrant Labor Camp Complaint Form.^[4]
• Form: Application for Landlord/Tenant Dispute (Magistrate Court)
  No statewide number; obtained directly from county Magistrate Court.
  When to use: Use this if you need to file against your landlord for issues such as failure to repair, unsafe conditions, or improper eviction. Visit your local Magistrate Court for the relevant application.^[3]

How to use: Fill out and submit the form to the appropriate agency or court. Attach photos or evidence if possible. You may want to keep copies for your records.

What Can You Do If You Have a Housing Problem?

If you have an issue with your agricultural worker housing—such as unsafe conditions, pests, or lack of repairs—take these steps:

• Notify your landlord or housing provider in writing, describing the problem.
• If the problem is not fixed promptly, file a complaint with DHEC or your local health department using the Migrant Labor Camp Complaint Form (see above).
• Consider seeking legal support, especially if you face eviction or retaliation.

FAQ: South Carolina Agricultural Worker Housing

1. What are my rights if my housing is unsafe or unsanitary?
   You have the right to safe, sanitary living conditions under state law. Report issues to your landlord first, and if there's no action, file a complaint with DHEC. You may also contact your county’s Magistrate Court if necessary.
2. What notice must my landlord give before eviction?
   Your landlord must usually give at least 7 days' written notice for nonpayment of rent or lease violations, unless your written rental agreement specifies differently. Some exceptions apply for serious health/safety violations.
3. Can my employer evict me without notice if my job ends?
   In most cases, at least 7 days' notice is required, unless the rental agreement says otherwise. If you think the eviction was improper, you can contest it at the Magistrate Court.
4. How do I report a problem with my agricultural housing?
   Complete and submit the DHEC Migrant Labor Camp Complaint Form. You can also notify your county’s Environmental Health Office in person or by phone.
5. What protections do I have against retaliation for filing complaints?
   State law makes it illegal for landlords or employers to retaliate against you for exercising your rights, like reporting code violations or requesting repairs.

Key Takeaways for South Carolina Agricultural Worker Renters

• Your housing must meet state and federal health and safety regulations.
• If you experience unsafe conditions or threats of eviction, official complaint forms and courts can protect your rights.
• Support is available from DHEC, the Magistrate Court, and renters’ advocacy groups dedicated to agricultural workers.

Need Help? Resources for Renters

• South Carolina DHEC Migrant Labor Camps Program — Health inspections and code enforcement
• South Carolina Department of Labor, Licensing and Regulation — Labor rights and complaint filing
• South Carolina Legal Services — Free legal assistance to low-income renters, including farmworkers
• South Carolina Magistrate Court — Handles landlord-tenant disputes and eviction hearings

---

1. [1] DHEC Migrant Labor Camps Regulations
2. [2] South Carolina Residential Landlord and Tenant Act
3. [3] South Carolina Magistrate Court
4. [4] DHEC Migrant Labor Camp Complaint Form (PDF)

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