South Carolina tenant screening laws

The Residential Landlord and Tenant Act sets no limit on application or screening fees and no refund rule for them (S.C. Code Ann. §§ 27-40-10 to 27-40-940).

• South Carolina's fair housing law lets an application ask the number, ages, sex and family relationship of the applicants and intended occupants, and whether an intended occupant was convicted of illegally making or distributing a controlled substance (S.C. Code Ann. § 31-21-70 (L)).See Fair housing on the South Carolina page

Treat a screening report as information to check against lawful rental criteria. Confirm that records belong to the applicant, distinguish a court filing from its outcome, and address inaccurate or incomplete information before relying on it (FTC: tenant background checks and rights).

• Write down the criteria and the information you need before ordering a report. Compare identifying information, dates, case outcomes and duplicate entries rather than treating a criminal charge, an eviction filing or a gap in rental history as a complete explanation. Apply the fair-housing requirements above and check any additional rules for the property’s city; this guide does not establish that every South Carolina city has the same screening rules (FTC: tenant background checks and rights).See Fair housing on the South Carolina page
• If a consumer report contributes to a denial or less favorable rent, deposit or cosigner terms, give the required adverse-action notice. Identify the reporting company by name, address and phone number; explain that it did not make the decision and cannot explain your reasons; and state the rights to dispute inaccurate or incomplete information and request a free report from that company within sixty days of the notice. Credit-score and investigative-report use can carry additional duties (FTC: landlord consumer-report guidance).
• Keep the criteria, report date, decision reasons, applicant communications and notice delivery record together. Restrict access to consumer reports and dispose of them securely when retention duties allow. A report provider does not make the housing decision for you (FTC: landlord consumer-report guidance).

South Carolina's Fair Housing Law makes it unlawful to refuse to rent, or to set different terms, because of race, color, religion, sex, familial status or national origin, or because of a disability (the statute says handicap) of the renter or anyone living or associated with the renter (S.C. Code Ann. § 31-21-40).

• Discrimination includes refusing reasonable modifications at the tenant's expense or reasonable accommodations in rules and policies. Where reasonable, you may condition a modification on the tenant restoring the interior (S.C. Code Ann. § 31-21-70 (G)).
• For an animal that is not a service animal, you may ask whether the person has a disability and a disability-related need for the animal, and request documentation; documentation is sufficient if it shows the person has a disability and the animal provides some disability-related assistance or emotional support (S.C. Code Ann. § 31-21-70 (N)).
• These rules do not apply to rooms or units in an owner-occupied building with living quarters for no more than four families, and some single-family houses rented by an owner of no more than three are exempt if rented without a broker and without discriminatory advertising (S.C. Code Ann. § 31-21-70 (A), (B)).
• The state law also covers advertising and availability statements. A housing notice or advertisement may not express a preference or limitation based on a listed protected characteristic, and a person may not falsely say an available dwelling is unavailable for that reason. Apply the relevant statutory exceptions before deciding how the provision applies (S.C. Code Ann. 31-21-40(3), (4); 31-21-70).
• The state law prohibits coercing, intimidating, threatening or interfering with a person who exercises these housing rights or helps someone else exercise them. This protection also matters during the application process (S.C. Code Ann. 31-21-80).