Understanding Familial Status Discrimination in South Carolina Rentals

Renters in South Carolina are protected from discrimination based on familial status—meaning landlords usually cannot treat you differently just because you have children under 18, are pregnant, or are securing custody of a child. This article explains what these protections mean for you under state and federal law, who to contact if you face issues, and how to take action.

What Is Familial Status Discrimination?

Familial status discrimination refers to unfair treatment due to the presence of children (under 18), pregnancy, or the process of securing custody of a child. In practical terms, this means a landlord cannot:

• Deny you a rental unit because you have children
• Charge higher rent or a larger deposit due to your family size
• Apply different rules, such as restricting access to amenities, only to families with kids

Both the federal Fair Housing Act and South Carolina Fair Housing Law (Title 31, Chapter 21) make this behavior illegal¹.

South Carolina Law and Agencies Protecting Renters

South Carolina enforces fair housing protections through the South Carolina Human Affairs Commission (SCHAC). You are also covered by the federal U.S. Department of Housing and Urban Development (HUD).

Key points under South Carolina law:

• Landlords cannot ask whether you are pregnant or plan to have children
• No 'adults only' apartments, unless the housing specifically qualifies as senior housing
• Eviction, rent increases, or policy changes targeting only families with children are often illegal

Exceptions

There are few exceptions, such as certain senior housing communities (e.g., 55+ communities).

How to Report or File a Complaint for Familial Status Discrimination

If you believe a landlord or property manager discriminated against you due to your family situation, you have the right to file a complaint. In South Carolina, you can file with SCHAC or directly through HUD.

Primary Agencies

• South Carolina Human Affairs Commission (SCHAC): Handles state discrimination complaints. Learn more at the official SCHAC Fair Housing page.
• U.S. Department of Housing and Urban Development (HUD): Federal agency for fair housing rights. Visit the HUD fair housing complaint portal.

Official Forms Used

• South Carolina Fair Housing Discrimination Intake Questionnaire
  Download the Intake Questionnaire (PDF) — Use this form to start a discrimination claim with SCHAC.
  Example: If your landlord rejects your application because you have a child, fill out and submit this form to SCHAC.
• HUD Form 903 Online Complaint
  Use the HUD fair housing complaint form to report your case federally.
  Example: You believe your eviction was due to your pregnancy—use this online form for a federal complaint.

How to File a Fair Housing Complaint

Filing a complaint is a straightforward process. Below you'll find step-by-step guidance for South Carolina renters.

Your Rights During the Process

After filing, an investigation will begin. During this time:

• You are legally protected from retaliation—your landlord cannot evict or penalize you for making a complaint
• If discrimination is found, you may be entitled to remedies such as being allowed to rent, monetary compensation, or policy changes

Relevant Laws and Where to Learn More

The Federal Fair Housing Act and the South Carolina Fair Housing Law are the main sources outlining your protections. For tenant-landlord relationships, refer to the South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40)².

Frequently Asked Questions

1. Can a landlord refuse to rent to me because I have children?
   No. Both state and federal fair housing laws in South Carolina protect you against discrimination for having children under 18.
2. Am I protected if I am pregnant or planning to adopt a child?
   Yes. Pregnancy and actively seeking custody/adoption also count as protected familial status under the law.
3. What do I do if my landlord evicts me after I file a discrimination complaint?
   Landlords are prohibited from retaliating against tenants for filing a fair housing complaint. If this happens, report it immediately to SCHAC or HUD.
4. Can a landlord charge higher deposits only to tenants with children?
   No. Charging extra fees or higher deposits due to familial status is considered discrimination and is prohibited by law.
5. Where do I file a complaint if I face familial status discrimination?
   Complaints can be filed with the South Carolina Human Affairs Commission or the U.S. Department of Housing and Urban Development (HUD).

Conclusion: Key Takeaways

• South Carolina and federal law protect renters from discrimination based on familial status
• You can file a complaint through SCHAC or HUD—both have accessible forms and online options
• Keep records and act quickly if you suspect discrimination to help safeguard your housing rights

Need Help? Resources for Renters

• South Carolina Human Affairs Commission – Fair Housing (state discrimination complaints, information, and guidance)
• South Carolina State Housing Finance and Development Authority – Fair Housing (advice and resources)
• U.S. Department of Housing and Urban Development – Fair Housing
• South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40) (official tenancy legislation)
• Learn about your rights under the Fair Housing Act

---

1. South Carolina Fair Housing Law (Title 31, Chapter 21)
2. South Carolina Residential Landlord and Tenant Act (Title 27, Chapter 40)

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