S.C. Code Ann. § 31-21-40
Discrimination in relation to sale or rental of property
Operative Text
It is unlawful: (1) to refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, or otherwise to make unavailable or deny a dwelling to any person because of race, color, religion, sex, familial status, or national origin; (2) to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with it, because of race, color, religion, sex, familial status, or national origin; (3) to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin or an intention to make the preference, limitation, or discrimination; (4) to represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when the dwelling is available; (5) for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin; (6) to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of: (a) that buyer or renter; (b) a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (c) any person associated with that buyer or renter; (7) to discriminate against a person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a handicap of: (a) that person; (b) a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or (c) any person associated with that person.
South Carolina Code § 31-21-40 prohibits a broad range of discriminatory practices in the sale and rental of housing. Covered protected characteristics include race, color, religion, sex, familial status, national origin, and handicap (disability). The law bars not only outright refusals to sell or rent, but also discriminatory terms and conditions, misleading statements about availability, steering through blockbusting tactics, and discriminatory advertising.
Plain English — not legal advice.
Under S.C. Code Ann. § 31-21-40, compliant property owners and managers apply consistent, documented criteria when evaluating all applicants for sale or rental, regardless of race, color, religion, sex, familial status, national origin, or handicap. Operators generally review all advertising and listing language to ensure it contains no language that signals a preference for or against any protected class. Policies around unit availability, pricing, lease terms, and services are typically applied uniformly across all prospective and current residents, including those associated with individuals who have a disability.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
S.C. Code Ann. § 31-21-40 gives renters and prospective buyers the right to be free from discrimination based on race, color, religion, sex, familial status, national origin, or handicap — including discrimination directed at someone associated with them. If a tenant or applicant believes a landlord has violated this provision, general enforcement paths include filing a complaint with the South Carolina Human Affairs Commission or the U.S. Department of Housing and Urban Development, or consulting a tenant-rights organization familiar with state fair housing law. Keeping records of communications, advertisements, and any statements made by a housing provider can be useful when pursuing any of these avenues.
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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