S.C. Code Ann. § 31-21-100
Powers of commission
Operative Text
The commission has the power to: (1) promulgate regulations necessary for the enforcement of this chapter which may not exceed the requirements of the 1988 Fair Housing Amendments Act (PL 100-430) and any subsequent amendments to it; (2) make studies with respect to the nature and extent of discriminatory housing practices in representative urban, suburban, and rural communities throughout the State; (3) publish and disseminate reports, recommendations, and information derived from the studies; (4) cooperate with and render technical assistance to public or private agencies, organizations, and institutions within the State which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices; (5) cooperate with the United States Department of Housing and Urban Development to achieve the purposes of that department and with other federal, state, and local agencies and departments; (6) accept reimbursement pursuant to Title 42, United States Code, Section 3616 for services rendered to the United States Department of Housing and Urban Development; (7) accept gifts or bequests, grants, or other donations, public or private; (8) institute proceedings in a court of competent jurisdiction, for cause shown, to seek appropriate temporary or preliminary injunctive relief pending final administrative disposition of a complaint; (9) contract with persons and organizations to perform services as it may consider reasonably necessary to effectuate the purposes of this chapter and to accept reimbursement for services rendered pursuant to the contract. However, the commission may not delegate its decision-making authority to a nongovernmental agency. This decision-making authority includes acceptance of complaints, approval of conciliation agreements, dismissal of complaints, final disposition of complaints, or other enforcement powers granted by this chapter; (10) make contractual agreements within the scope and authority of this chapter with any agency of the federal government. An agreement with the Department of Housing and Urban Development may include provisions under which the department shall refrain from processing a charge in this State in any class specified in the agreement;. (11) administer the programs and activities relating to housing in a manner affirmatively to further the policies of this chapter.
Section 31-21-100 of the South Carolina Code defines the range of powers held by the state commission responsible for enforcing fair housing law. These powers include issuing regulations (capped at the standards set by the 1988 Fair Housing Amendments Act), conducting research on discriminatory housing practices across urban, suburban, and rural communities, and seeking emergency court relief while complaints are being resolved administratively. The commission may also partner with federal, state, and local agencies—including HUD—accept funding and donations, and contract with outside organizations, though it cannot hand off its core decision-making functions, such as accepting or dismissing complaints, to any nongovernmental body.
Plain English — not legal advice.
Property owners and managers operating in South Carolina should be aware that under § 31-21-100, the commission overseeing fair housing enforcement holds broad investigative and regulatory authority, including the power to study discriminatory practices statewide and to seek preliminary injunctive relief in court before a complaint is fully resolved. Compliant operators generally maintain practices that align with both state fair housing rules and the federal 1988 Fair Housing Amendments Act, since the commission's regulations may not exceed those federal standards. Understanding the scope of the commission's powers—including its ability to enter cooperative agreements with HUD—helps property managers anticipate how enforcement actions may be coordinated across state and federal levels.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 31-21-100, South Carolina's fair housing commission is empowered to receive complaints, pursue court-ordered temporary relief, and work alongside HUD and other agencies to address discriminatory housing practices. Tenants who believe they have experienced housing discrimination may have access to both state and federal enforcement channels, given the commission's authority to coordinate with HUD under cooperative agreements. Those seeking to understand their options can consult tenant-rights organizations, contact the commission directly, or reach out to HUD, as § 31-21-100 explicitly authorizes collaboration between these bodies.
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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