S.C. Code Ann. § 31-11-40
Conditions rendering limitations in SECTIONSECTION 31-3-530 and 31-3-540 inapplicable to projects for persons engaged in national defense
Operative Text
During the period (herein called the "national defense period") that a housing authority finds (which finding shall be conclusive in any suit, action or proceeding) that within its authorized territorial jurisdiction or area of operation, or any part thereof, there is an acute shortage of safe and sanitary dwellings which impedes the national defense program in this State and that the necessary safe and sanitary dwellings would not otherwise be provided when needed for persons engaged in national defense activities, any project developed or administered by such housing authority, or by any housing authority cooperating with it, in such area, with the financial aid of the Federal Government, or as agent for the Federal Government as herein provided, shall not be subject to the limitations provided in the second sentence of SECTION 31-3-530 and in SECTION 31-3-540.
Section 31-11-40 of the South Carolina Code establishes a wartime or national-defense exception to the income and eligibility restrictions that ordinarily govern public housing projects under Sections 31-3-530 and 31-3-540. When a housing authority formally determines that its jurisdiction faces an acute shortage of safe and sanitary housing that is impeding national defense activities—and that the private market would not fill that gap in time—the authority may develop or administer federally aided projects free from those standard limitations. The authority's finding on these conditions is treated as conclusive in any legal proceeding.
Plain English — not legal advice.
Property owners and managers operating near federally aided housing projects should be aware that, under S.C. Code Ann. § 31-11-40, a housing authority that has made a qualifying national-defense finding is not bound by the tenant-eligibility and income ceilings that normally apply under Sections 31-3-530 and 31-3-540. Compliant operators in such areas generally review whether a declared national-defense period is in effect before assuming that standard public-housing eligibility rules govern nearby authority-administered projects. Understanding the scope of this exception helps operators anticipate the tenant population that federally aided projects in their market may serve during such periods.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 31-11-40 recognizes that persons engaged in national defense activities may be housed in public housing projects that are not subject to the usual income or eligibility limits found in Sections 31-3-530 and 31-3-540, provided the local housing authority has made the required formal finding. Tenants in or seeking admission to such projects during a declared national-defense period may find that different eligibility criteria apply compared to standard public housing. Those with questions about how this exception affects their housing situation can consult a tenant-rights organization or legal aid office familiar with South Carolina housing law.
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 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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