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Housing Development

AIR HOUSING & HOUSING CODE

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Fair Housing

Fair Housing Law :

  • Forbids discrimination  

    • In selling or renting a house/unit based on ability status, race, color, religion, sex, familial status, or national origin or anyone associated. 

    • In broadcasting preference for certain leasers or buyers. 

    • In participation in a membership or access to listing services, broker associations, or any services, or organizations related to the business of selling or renting dwellings. 

    • Coercion, threats, intimidation, or interference in any person who or is or is helping the exercising of these rights.  

  • Forbids Discrimination to Individuals who Utilize Service Animals: 

    • Documentation can be requested to verify a disability and that the animal will help provide some assistance or emotional support.  

    • A landlord may ask these questions: 

      • "Does the person seeking to use and live with the animal have a disability that is a physical or mental impairment that substantially limits one or more major life activities?" 

      • "Does the person seeking to use and live with the animal have a disability-related need for the animal?" 

    • A service animal is specifically defined in law and properly trained. 

      • Does not need to have a vest. 

      • Does not need to have documentation. 

Exceptions to the Law:  

  • Owners that do not own/rent more than 3 single family homes. 

  • Properties that doesn’t sell/rent through a facility/organization.  

  • Religion affiliated organizations are exempt entirely.  

  • Except when membership in the religion is restricted because of race, color, or national origin. 

  • Private clubs are exempt when operating outside of commercial purposes. 

  • When the leaser poses a threat of serious harm to themselves, others, or the housing unit. 

  • If the leaser is convicted of making or selling controlled substances. 

  • Laws do not apply to single-sex dormitory property.

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Housing Codes

Reporting and Investigation 

Reporting: ​

  • The U.S. Department of Housing and Urban Development's website can be used to submit a complaint. 

  • Complaints must be filed 180 days after the alleged discriminatory housing practice occurred. 

  • The burden of proof lies on the complainant.  

  • The alleged must file a response within 10 days of receipt of notice. 

  • Complaints can be amended at any time by any party. Conciliation agreements is subject to be approved by the commission.  

  • Within 30 days, the complainant shall be notified of the time limits and choices of forum as well as a copy of the complaint is provided to the alleged. The alleged is also advised of procedural rights and obligations as related to the law.  

  • Within 30 days the Commission will investigate and notify if they will pursue resolution. 

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Investigation: 

  • When an report is filed, it is investigated by the South Carolina Human Affairs Commission "The Commission". 

  • The Commission is granted access to the premises, any records, documents, persons, and any other evidence related to the complaint.  

  • The commission may issue subpoenas to access materials or request the appearance of people. 

  • Up to 5 days after being subpoenaed by the Commission in the investigation, a person my petition to revoke or change the subpoena. 

  • If the subpoena is refused, it may be enforced by the county of where the investigation is taking place. 

  • Witnesses subpoenaed are entitled to witness and mileage fees.  

  • The commission can record, copy, and take testimony to further the investigation. 

  • Investigation must be completed within 100 days of receipt of the complaint.  

  • If otherwise, the complainant and respondent will be notified in writing. 

  • Should the investigation go to trial, voluntary compliance is terminated.  

  • Upon resolution, the investigator must submit a statement of facts disclosed by the investigation along with a recommendation of the closure of the case or that a panel of commissioners hear the complaint if a hearing is requested.  

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