.webp)
Most landlords know the basics of the federal Fair Housing Act, even if only in passing. What far fewer realize is that South Carolina adds nothing to those federal protections at the state level, while the City of Charleston itself goes further with its own local ordinance. For landlords managing property across the Charleston area, that patchwork matters, since compliance can look different depending on which side of a city line a rental sits on.
Key Takeaways
The federal Fair Housing Act protects seven classes: race, color, national origin, religion, sex, familial status, and disability.
South Carolina's own Fair Housing Law, enforced by the South Carolina Human Affairs Commission, mirrors the federal classes without adding any additional protections statewide.
The City of Charleston has adopted its own local ordinance that extends protection to age, sexual orientation, and gender identity, categories not covered under either federal or state law.
These added protections apply specifically within Charleston city limits, meaning a landlord's obligations can differ from one municipality to the next across the tri-county area.
Violations can result in HUD or Human Affairs Commission complaints, financial damages, and reputational harm regardless of which layer of law applies.
The Federal Baseline Every Landlord Already Knows
The Fair Housing Act of 1968 prohibits discrimination in the sale, rental, or financing of housing based on:
Race
Color
National origin
Religion
Sex
Familial status
Disability
This baseline applies everywhere in the country, including every property CREC manages across the Lowcountry, and it covers the full rental lifecycle, from how a listing is advertised to how an applicant is screened to how a lease is enforced.
Refusing to rent based on any of these seven categories, applying inconsistent screening standards between applicants, or making statements in an ad that suggest a preference tied to one of these classes are all straightforward federal violations regardless of where in South Carolina the property is located.
South Carolina Doesn't Add to the Federal List
Many landlords assume more protection exists than actually does at the state level. South Carolina's Fair Housing Law, codified in Title 31, Chapter 21 of the state code, largely mirrors the federal seven protected classes and is enforced by the South Carolina Human Affairs Commission.
Unlike many other states, South Carolina does not expand this list to include categories like sexual orientation, gender identity, or source of income at the statewide level. This makes South Carolina one of the states where the real compliance nuance shows up locally rather than at the state capitol, which is exactly why understanding city-specific rules matters so much here.
Charleston's Local Ordinance Goes Further
This is the detail that catches out-of-town owners and newer landlords off guard. The City of Charleston has adopted its own local fair housing protections that extend coverage to age, sexual orientation, and gender identity, none of which are protected under the federal Fair Housing Act or South Carolina's state law. A rental practice that would pass federal and state scrutiny elsewhere in the state, denying an applicant based on age, for instance, can still constitute a violation if the property sits within Charleston city limits.
This means a landlord managing properties both inside Charleston and in surrounding areas like Summerville, Goose Creek, or Moncks Corner needs to apply a more protective standard specifically to properties governed by city law, rather than assuming a single uniform policy safely covers an entire portfolio spread across the tri-county area. Our tenant screening process is built around consistent, objective criteria precisely so that every applicant is evaluated the same way regardless of which jurisdiction a property falls under.
What This Looks Like in Everyday Practice
In practice, staying compliant across this patchwork means a few consistent habits matter more than memorizing every jurisdiction's specific list.
Screening criteria should be applied identically to every applicant regardless of protected characteristics, and that consistency should be documented so it can be demonstrated later if a decision is ever questioned.
Advertising language should avoid any phrasing that signals a preference tied to age, family composition, or any other protected category, even phrasing that seems harmless on its face, such as describing a listing as ideal for a "young professional" or ill-suited for families.
Reasonable accommodation requests tied to a disability still have to be evaluated under federal and state law regardless of which city a property sits in, since that protection doesn't vary locally the way age and sexual orientation protections do in Charleston specifically.
Our owner resources page walks through how we help owners build consistent, compliant leasing practices across every property in a portfolio.
The Cost of Getting This Wrong
A fair housing violation isn't a minor compliance footnote. Complaints can be filed with HUD, the South Carolina Human Affairs Commission, or the applicable city agency, and a substantiated violation can result in actual damages, punitive damages in cases of intentional discrimination, and the tenant's attorney's fees.
Beyond the direct financial exposure, a fair housing complaint becoming public is genuinely damaging to a landlord's or property manager's reputation in a market as tight-knit as Charleston's rental community, where word travels quickly between prospective tenants and other owners alike. Given how much of this risk is preventable through consistent screening and advertising practices, treating fair housing compliance as a routine operational standard rather than an occasional concern protects owners far more effectively.
If eviction ever becomes necessary for a legitimate, non-discriminatory reason, our eviction management process is built to keep that process itself compliant and properly documented as well.
FAQ
Does South Carolina add any protected classes beyond the federal Fair Housing Act?
No. South Carolina's state fair housing law mirrors the federal seven protected classes without adding to them statewide.
What additional protections does Charleston's city ordinance provide?
Charleston's local fair housing ordinance extends protection to age, sexual orientation, and gender identity, none of which are covered under federal or South Carolina state law.
Does Charleston's ordinance apply to properties outside city limits?
No. These added protections are specific to properties within Charleston city limits, so a property in Summerville or Goose Creek, for example, is governed by federal and state law only.
What happens if a fair housing violation is substantiated?
It can result in actual damages, punitive damages for intentional discrimination, and attorney's fees, in addition to significant reputational harm.
Building Compliance Into Every Property, Not Just Some
Charleston's added local protections mean a one-size-fits-all compliance approach across a multi-jurisdiction portfolio isn't quite enough. Understanding exactly where federal, state, and city protections apply, and building screening and advertising practices that meet the highest applicable standard everywhere, protects owners from a violation that's far more costly than the extra care requires.
If you'd like help reviewing your current leasing practices for fair housing compliance across your Charleston-area properties, reach out to our team today.
