S.C. Code Regs. § 65-217

A. Purpose.

The purpose of this Rule is to effectuate the exemption in the South Carolina Fair Housing Law that relates to housing for older persons.

B. Exemption.

(1) The provisions regarding familial status in this part do not apply to housing which satisfies the requirements of 65-217(C) or 65-217(D).

(2) Nothing in this Rule limits the applicability of any reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling.

C. State and Federal elderly housing programs.

The provisions regarding familial status in this Rule shall not apply to housing intended for, and solely occupied by, persons sixty two years of age or older. Housing satisfies the requirements of this section even though:

(1) There are persons residing in such housing on May 9, 1989 who are under sixty-two years of age, provided that all new occupants are persons sixty-two years of age or older.

(2) There are unoccupied units, provided that such units are reserved for occupancy by persons sixty-two years of age or over.

(3) There are units occupied by employees (and family members residing in the same unit) who are under sixty-two years of age provided they perform substantial duties directly related to the management or maintenance of the housing.

D. Fifty-five or over housing.

(1) The provisions regarding familial status shall not apply to housing intended and operated for occupancy by at least one person fifty-five years of age or older per unit, provided that the housing satisfies the following requirements:

(a) The housing facility has significant facilities and services specifically designed to meet the physical or social needs of older persons. “Significant facilities and services specifically designed to meet the physical or social needs of older persons” include, but are not limited to, social and recreational programs, continuing education, information and counseling, recreational, homemaker, outside maintenance and referral services, an accessible physical environment, emergency and preventive health care programs, congregate dining facilities, transportation to facilitate access to social services, and services designed to encourage and assist residents to use the services and facilities available to them (the housing facility need not have all of these features to qualify for the exemption under this subparagraph); or

(b) It is not practicable to provide significant facilities and services designed to meet the physical or social needs of older persons and the housing facility is necessary to provide important housing opportunities for older persons. In order to satisfy this subsection the owner or manager of the housing facility must demonstrate through credible and objective evidence that the providing of significant facilities and services designed to meet the physical or social needs of older persons would result in depriving older persons in the relevant geographic areas of needed and desired housing. The following factors, among others, are relevant in meeting the requirements of this subsection:

(i) Whether the owner or manager of the housing facility has endeavored to provide significant facilities and services designed to meet the physical or social needs of older persons either by the owner or by some other entity. Demonstrating that such services and facilities are expensive to provide is not alone sufficient to demonstrate that the provision of such services is not practicable.

(ii) The amount of rent charged, if the dwellings are rented, or the price of the dwellings, if they are offered for sale.

(iii) The income range of the residents of the housing facility.

(iv) The demand for housing for older persons in the relevant geographic area.

(v) The range of housing choices for older persons within the relevant geographic area.

(vi) The availability of other similarly priced housing for older persons in the relevant geographic area. If similarly priced housing for older persons with significant facilities and services is reasonably available in the relevant geographic area, then the housing facility does not meet the requirements of this subsection.

(vii) The vacancy rate of the housing facility.

(c) At least eighty percent of the units in the housing facility are occupied by at least one person fifty-five years of age or older per unit except that a newly constructed housing facility for first occupancy after March 12, 1989 need not comply with this subsection until twenty-five percent of the units in the facility are occupied; and

(d) The owner or manager of a housing facility publishes and adheres to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or older. The following factors, among others, are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of this paragraph of this section:

(i) The manner in which the housing facility is described to prospective residents;

(ii) The nature of any advertising designed to attract prospective residents;

(iii) Age verification procedures;

(iv) Lease provisions;

(v) Written rules and regulations;

(vi) Actual practices of the owner or manager in enforcing relevant lease provisions and relevant rules or regulations.

(2) Housing satisfies the requirements of this section if:

(a) At least eighty percent of the units are occupied by at least one person fifty five years of age or older;

(b) There are unoccupied units, provided that at least eighty percent of such units are reserved for occupancy by at least one person fifty five years of age or over;

(c) There are units occupied by employees of the housing (and family members residing in the same unit) who are under fifty five years of age provided they perform substantial duties directly related to the management or maintenance of the housing.