Housing Discrimination
S.C. Code 31-21-40 and S.C. Code 31-21-120 — the protected classes, one hundred eighty days to complain, one year to sue
It is unlawful to refuse to sell or rent a dwelling, to refuse to negotiate, to set different terms or services, or to say a dwelling is unavailable when it is not, because of race, color, religion, sex, familial status, national origin or handicap.
It is also unlawful to publish a notice or advertisement showing a preference or limitation on any of those grounds, or to push someone to sell or rent by talking about who is moving into the neighborhood.
One hundred eighty days to complain. A person injured by a discriminatory housing practice may file a written, verified complaint with the state Human Affairs Commission within one hundred eighty days after it happened. Within thirty days the commission investigates and says whether it will try to resolve it by conference and conciliation.
One year to sue. A civil action may be brought within one year after the practice, whether or not a complaint was filed. The court may order an injunction and award actual and punitive damages, with costs and attorney's fees for a prevailing plaintiff who cannot afford them.
The chapter has exceptions, for some owner-occupied buildings and housing for older persons among them. Federal fair housing law applies alongside it. A particular case is a question for the commission or a licensed South Carolina attorney.
Sources for this section (3)
- S.C. Code 31-21-40 — Discrimination in relation to sale or rental of property
- S.C. Code 31-21-120 — Fair housing complaints; process and handling
- S.C. Code 31-21-140 — Fair housing civil action; damages
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.