S.C. Code Regs. § § 65-210
Current through Register Vol. 48, No. 11, November 22, 2024
A. Authority. This regulation is issued under the authority of the South Carolina Human Affairs Commission to administer and enforce the South Carolina Fair Housing Law.
B. Scope. (1) It is the policy of the State of South Carolina to provide, within constitutional limitations, for fair housing throughout the State of South Carolina. No person shall be subjected to discrimination because of race, color, religion, sex, handicap, familial status, or national origin in the sale, rental, or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real estate related transactions.(2) This rule provides the Commission's interpretation of the coverage of the South Carolina Fair Housing Law regarding discrimination related to the sale or rental of dwellings, the provision of services in connection therewith, and the availability of residential real estate related transactions.(3) Nothing in this rule relieves persons participating in a Federal or Federally assisted or State or State assisted program or activity from other requirements applicable to buildings and dwellings.C. Exemptions.(1) This rule does not: (a) Prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted because of race, color, or national origin;(b) Prohibit a private club, not in fact open to the public, which incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members;(c) Limit the applicability of any reasonable local, State or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling; or(d) Prohibit conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined by law.(2) Nothing in this rule regarding discrimination based on familial status applies with respect to housing for older persons as defined in the South Carolina Fair Housing Law.(3) Nothing in this rule, other than the prohibitions against discriminatory advertising, applies to: (a) The sale or rental of any single family house by an owner, provided the following conditions are met: (i) The owner does not own or have any interest in more than three single family houses at any one time.(ii) The house is sold or rented without the use of a real estate broker, agent or salesperson or the facilities of any person in the business of selling or renting dwellings. If the owner selling the house does not reside in it at the time of the sale or was not the most recent resident of the house prior to such sale, the exemption in this rule applies to only one such sale in any twenty-four month period.(b) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his or her residence.D. Definitions.(1) All terms defined in the "ACT" used herein have the same meanings as set forth in the definitions in the Act. These terms are:(c) Covered multifamily dwellings(d) Discriminatory housing practice(h) Housing for older persons(2) Other terms used in these regulations: (a) "Act" means the "South Carolina Fair Housing Law" appearing as Chapter 21 to Title 31 of the 1976 Code, as amended.(b) "Chairman" means the Chairman of the South Carolina Human Affairs Commission.(c) "Complaint" means a written charge alleging a discriminatory housing practice in compliance with the Act and R.65-220 of these Regulations, or with the Department of Housing and Urban Development and referred to the Commission pursuant to Section810(f) of Title VIII of the Civil Rights Act of l968, as amended by the Fair Housing Amendments Act of 1988 [ 42 U.S.C. 3600 - 3620 ].(d) "Panel" means the members of the Commission designated by the Chairman to conduct a hearing.(e) "Investigator" means an employed member of the Commission staff designated and assigned by the Commissioner to investigate the allegations of a complaint and to make a recommendation to the Commissioner of whether there is reasonable cause to believe that a discriminatory housing practice has occurred, is occurring, or is about to occur.(f) Family" includes single individual.Added by State Register Volume 16, Issue No. 6, eff June 26, 1992.