Key Takeaways
The Residential Landlord and Tenant Act is important for landlords in South Carolina to be fully educated on.
Without being fully educated on these laws, you can risk getting in legal trouble.
The best way to ensure legal compliance as a landlord is to partner with a property management team.
In South Carolina, the Residential Landlord and Tenant Act automatically gives landlords certain responsibilities under a lease. One of these responsibilities is treating residents equally and consistently per the state’s fair housing laws.
The Fair Housing Act in South Carolina applies in most landlord-tenant scenarios. Including, when marketing a vacant rental property, choosing residents, and even during evictions.
For example, when it comes to marketing your vacant rental property, you must ensure the process is devoid of bias and inconsistencies, based on certain protected characteristics. For example, you must not include the following phrases in your rental ad.
“Asian Community Preferred.”
“No Immigrants.”
“Perfect for the Physically Fit.”
“Christian Property.”
“Male Tenant Preferred.”
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Using any of these phrases in the rental ad copy would infringe upon the resident’s federally protected classes.
The Federal Fair Housing Act requires landlords to treat residents fairly, regardless of 7 protected classes. That is: race, color, sex, nationality, religion, familial status, and disability.
As a landlord, you know how important it is to stay legally compliant. This can help you not only avoid potential lawsuits from disgruntled residents, but also lay the groundwork for a solid landlord-tenant relationship.
Here is a guide by Tide Property Management on the basics of the Fair Housing Act in South Carolina.
What Is The Fair Housing Act?
The Federal Fair Housing Act (FHA) is codified at 42 U.S.C. §§ 3601–3619 and 3631. It is officially known as Title VIII of the Civil Rights Act of 1968, and was signed into law by President Lyndon B. Johnson on April 11th, 1968.
It was enacted to prohibit discrimination in housing opportunities, ensuring equal access for all people, regardless of the 7 protected classes. It guarantees every American the right to fair and equal access to housing opportunities. Whether that is in the renting, sale, or access to mortgage facilities.
Before the FHA was enacted, housing discrimination wasn’t just a matter of individual prejudice, it was actively institutionalized through federal, state, and local policies. These policies included redlining, restrictive covenants, and the GI Bill Exclusion.
Resultantly, this led to the creation of deeply entrenched, multi-generational disparities across every major facet of American life. And perhaps the most profound and long-lasting consequence was the massive disparity in wealth accumulation between white and Black families. Another significant impact of housing inequality was disparities in education and opportunity.
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What is the Fair Housing Act in South Carolina?
The Federal Fair Housing Act applies in all fifty U.S. states. The federal law protects residents from housing discrimination based on 7 protected classes. Again, these are: race, color, sex, nationality, religion, disability, and familial status.
Some states have expanded upon these protected classes to include more. Common extra characteristics that some states and localities have added include the following.
Source of income
Sexual orientation
Age
Marital status
Ancestry
Veteran/military status
But do any of these apply in South Carolina? None at all! In South Carolina, there are no further additions.
What Are Some Common Ways In Which A Landlord Can Violate The FHA In South Carolina?
The South Carolina Human Rights Commission is the state agency that handles housing discrimination complaints. The following are some of the actions that it labels as discriminatory when directed towards a resident of a protected group.
Outrightly denying an application based on a resident’s race, color, religion, nationality, or any other protected characteristic.
Applying different rental criteria, fees, or privileges based on a protected class. For example, charging residents belonging to a certain nationality a higher security deposit, or enforcing rules in a biased manner.
Showing or implying a preference, limitation, or discrimination when advertising your vacant rental unit. For example: stating “No Children,” “Christian Community,” “Adults Only,” or “Perfect for Single Professionals.” Additionally, when using photos in the rental ad, featuring only one race can suggest an intent to discriminate.
Not making reasonable accommodations or modifications when requested by a disabled person.
Making offensive comments about a resident’s race, color, religion, or any other protected class.
Having inconsistent screening criteria. For example, requiring higher credit scores or stricter income standards for one group of applicants over others.
How Can a Landlord Avoid Fair Housing Violations in South Carolina?
As a landlord, you can avoid fair housing violations by simply avoiding the aforementioned actions. The following are some extra tips to help you stay legally compliant.
Understand the applicable fair housing laws. In South Carolina, the federal and the South Carolina fair housing law prohibit discrimination based on 7 protected classes. That is: race, color, sex, religion, nationality, disability, and familial status.
However, there are some local jurisdictions that have extra protections. An example is the city of Charleston. The protected characteristics include sexual orientation, age, and gender identity.
Screen prospective residents consistently. When evaluating applications, make sure to use objective and consistent criteria for evaluating income, credit rating, and employment, among others.
Provide disabled residents with reasonable accommodations. For example, allow them to keep their assistance animals even if you have a strict “no pet” policy.
Work with a professional property management company. As a landlord, staying legally compliant isn’t optional, it’s a requirement per the SC landlord-tenant law. So, if you find it daunting, please consider hiring expert property management help.
Conclusion
Now you know what you can and cannot do when it comes to the Fair Housing Act in South Carolina. Violations can result in hefty financial and/or legal repercussions. Not to mention the reputation damage you may suffer.
If you have a question or need expert property management help, look no further than Tide Property Management. We can handle all your property management worries in Charleston, SC, and all the surrounding areas. Get in touch to learn more!
