S.C. Code Regs. § 65-242
Scope
Operative Text
A. The Commission will review in evaluating compliance with the Act in connection with investigations of complaints alleging discriminatory housing practices involving advertising, the following criteria in making determinations as to whether there is reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur: (1) Advertising media. This rule provides criteria for use by advertising media in determining whether to accept and publish advertising regarding sales or rental transactions. Use of these criteria will be considered by the Commission in making determinations as to whether there is reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur. (2) Persons placing advertisements. A failure by persons placing advertisements to use the criteria contained in this part when found in connection with the investigation of a complaint alleging the making or use of discriminatory advertisements, will be considered by the Commission in making a determination of reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur. B. Affirmative advertising efforts. Nothing in this rule shall be construed to restrict advertising efforts designed to attract persons to dwellings who would not ordinarily be expected to apply, when such efforts are pursuant to an affirmative marketing program or undertaken to remedy the effects of prior discrimination in connection with the advertising or marketing of dwellings.
S.C. Code Regs. ch. 65 § 65-242 establishes the scope of criteria the South Carolina Human Affairs Commission uses when evaluating housing advertisements for potential fair housing violations. When a complaint alleges discriminatory advertising in a sales or rental transaction, the Commission examines both the advertising media and the persons who placed the ads against these criteria to determine whether reasonable cause exists to believe a discriminatory housing practice has occurred or is about to occur. Importantly, the rule does not restrict affirmative outreach efforts—such as those under an affirmative marketing program—that are designed to attract applicants who might not otherwise seek out a particular dwelling, especially when such efforts aim to remedy past discrimination.
Plain English — not legal advice.
Under S.C. Code Regs. ch. 65 § 65-242, property owners and managers who advertise rentals or sales are expected to apply the Commission's advertising criteria when crafting and placing housing ads. Compliant operators generally review their advertising content and media choices against these criteria before publication, since failure to do so can be weighed against them if a discrimination complaint is filed. Operators running affirmative marketing programs designed to broaden outreach to underrepresented groups are expressly permitted to do so under this provision without running afoul of the rule.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Regs. ch. 65 § 65-242 gives the South Carolina Human Affairs Commission a framework for investigating complaints about discriminatory housing advertisements, covering both the content of ads and the media that publish them. Tenants or prospective renters who believe a housing advertisement was discriminatory may file a complaint with the Commission, which will then apply these criteria to determine whether reasonable cause exists to pursue the matter further. Tenant-rights organizations can help individuals understand what types of advertising content may constitute a violation and what the complaint process generally involves.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 19, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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