South Carolina Code of Regulations
Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION
Subchapter 2 - FAIR HOUSING
Article 1 - DISCRIMINATORY CONDUCT
Section 65-211 - Discriminatory Housing Practices
Universal Citation: SC Code Regs 65-211
Current through Register Vol. 48, No. 3, March 22, 2024
A. Real Estate practices prohibited.
(1) This
rule provides the Commission's interpretation of conduct that is unlawful
housing discrimination under the South Carolina Fair Housing Law. In general,
the prohibited actions are set forth under sections of this Rule which are most
applicable to the discriminatory conduct described. However, an action
illustrated in one section can constitute a violation under other sections in
the Rule.
(2) Prohibited actions
under this section include, but are not limited to:
(a) Failing to accept or consider a bona fide
offer because of race, color, religion, sex, handicap, familial status, or
national origin.
(b) Refusing to
sell or rent a dwelling to, or not negotiate for the sale or rental of a
dwelling with any person because of race, color, religion, sex, handicap,
familial status, or national origin.
(c) Imposing different sales prices or rental
charges for the sale or rental of a dwelling upon any person because of race,
color, religion, sex, handicap, familial status, or national origin.
(d) Using different qualification criteria or
applications, or sale or rental standards or procedures, such as income
standards, application requirements, application fees, credit analysis, or sale
or rental approval procedures or other requirements, because of race, color,
religion, sex, handicap, familial status, or national origin.
(e) Evicting tenants because of their race,
color, religion, sex, handicap, familial status, or national origin or because
of the race, color, religion, sex, handicap, familial status, or national
origin of a tenant's guest.
(f)
Using different provisions in leases or contracts of sale, terms of a lease and
those relating to down payment and closing requirements, because of race,
color, religion, sex, handicap, familial status, or national origin.
(g) Failing or delaying maintenance or
repairs of sale or rental dwellings because of race, color, religion, sex,
handicap, familial status or national origin.
(h) Failing to process an offer for the sale
or rental of a dwelling or to communicate an offer accurately because of race,
color, religion, sex, handicap, familial status, or national origin.
(i) Limiting the use of privileges, services
or facilities associated with a dwelling because of race, color, religion, sex,
handicap, familial status, or national origin of an owner, tenant or person
associated with him or her.
(j)
Denying or limiting services or facilities in connection with the sale or
rental of a dwelling, because a person failed or refused to provide sexual
favors.
(k) Discouraging any person
from inspecting, purchasing, or renting a dwelling because of race, color,
religion, sex, handicap, familial status, or national origin, or because of the
race, color, religion, sex, handicap, familial status, or national origin of
persons in a community, neighborhood or development.
(l) Discouraging the purchase or rental of a
dwelling because of race, color, religion, sex, handicap, familial status, or
national origin, by exaggerating drawbacks or failing to inform any persons of
desirable features of a dwelling or of a community, neighborhood, or
development.
(m) Communicating to
any prospective purchaser that he or she would not be comfortable or compatible
with existing residents of a community, neighborhood or development because of
race, color, religion, sex, handicap, familial status, or national
origin.
(n) Assigning any person to
a particular section of a community, neighborhood or development, or to a
particular floor of a building, because of race, color, religion, sex,
handicap, familial status, or national origin.
(o) Discharging or taking other adverse
action against an employee, broker, or agent because he or she refused to
participate in a discriminatory housing practice.
(p) Employing codes or other devices to
segregate or reject applicants, purchasers or renters or refusing to deal with
certain brokers or agents because they or one or more of their clients are of a
particular, race, color, religion, sex, handicap, familial status, or national
origin.
(q) Denying or delaying the
processing of an application made by a purchaser or renter or refusing to
approve such a person for occupancy in a cooperative or condominium dwelling
because of race, color, religion, sex, handicap, familial status, or national
origin.
(r) Refusing to provide
municipal services or property or hazard insurance for dwellings or providing
such services or insurance differently because of race, color, religion, sex,
handicap, familial status, or national origin.
B. Discriminatory advertisements, statements and notices.
(1) The prohibitions in this
section shall apply to all written or oral notices or statements by a person
engaged in the sale or rental of a dwelling. Written notices and statements
include any applications, flyers, brochures, deeds, signs, banners, posters,
billboards or any documents used with respect to the sale or rental of a
dwelling.
(2) Discriminatory
notices, statements and advertisements include, but are not limited to:
(a) Using words, phrases, photographs,
illustrations, symbols or forms which convey that dwellings are available or
not available to a particular group of persons because of race, color,
religion, sex, handicap, familial status, or national origin.
(b) Expressing to agents, brokers, employees,
prospective sellers or renters or any other persons a preference for or
limitation on any purchaser or renter because of race, color, religion, sex,
handicap, familial status, or national origin.
(c) Selecting media or locations for
advertising the sale or rental of dwellings which deny particular segments of
the housing market information about housing opportunities because of race,
color, religion, sex, handicap, familial status, or national origin.
(d) Refusing to publish advertising for the
sale or rental of dwellings or requiring different charges or terms for such
advertising because of race, color, religion, sex, handicap, familial status,
or national origin.
C. Discriminatory representations on the availability of dwellings.
Prohibited actions under this section include, but are not limited to:
(1) Indicating through
words or conduct that a dwelling which is available for rental has been sold or
rented, because of race, color, religion, sex, handicap, familial status, or
national origin.
(2) Representing
that covenants or other deed, trust or lease provisions which purport to
restrict the sale or rental of dwellings because of race, color, religion, sex,
handicap, familial status, or national origin preclude the sale or rental of a
dwelling to a person.
(3) Enforcing
covenants or other deed, trust, or lease provisions which preclude the sale or
rental to any person because of race, color, religion, sex, handicap, familial
status, or national origin.
(4)
Limiting information, by word or conduct, regarding suitably priced dwellings
available for inspection, sale or rental because of race, color, religion, sex,
handicap, familial status, or national origin.
(5) Providing false or inaccurate information
regarding the availability of a dwelling for sale or rental to any person,
including testers, regardless of whether such person is actually seeking
housing, because of race, color, religion, sex, handicap, familial status, or
national origin.
D. Blockbusting.
(1) In establishing a
discriminatory housing practice under this section it is not necessary that
there was in fact profit as long as profit was a factor for engaging in the
blockbusting activity.
(2)
Prohibited actions under this section include, but are not limited to:
(a) Engaging, for profit, in conduct
(including uninvited solicitations for listings) which conveys to a person that
a neighborhood is undergoing or is about to undergo a change in the race,
color, religion, sex, handicap, familial status, or national origin of persons
residing in it, in order to encourage the person to offer a dwelling for sale
or rental.
(b) Encouraging for
profit, any person to sell or rent a dwelling through assertions that the entry
or prospective entry of persons of a particular race, color, religion, sex,
familial status, or national origin, or with handicaps, can or will result in
undesirable consequences for the project, neighborhood or community, such as a
lowering of property values, an increase in criminal or antisocial behavior, or
a decline in the quality of schools or other services or facilities.
E. Discrimination in the provision of brokerage services.
Prohibited actions under this section include, but are not limited to:
(1) Setting different fees
for access to or membership in a multiple listing service because of race,
color, religion, sex, handicap, familial status, or national origin.
(2) Denying or limiting benefits accruing to
members in a real estate broker's organization because of race, color,
religion, sex, handicap, familial status or national origin.
(3) Imposing different standards or criteria
for membership in a real estate sales or rental organization because of race,
color, religion, sex, handicap, familial status, or national origin.
(4) Establishing geographic boundaries or
office location or residence requirements for access to or membership or
participation in any multiple listing service, real estate broker's
organization or other service, organization or facility relating to the
business of selling or renting dwellings, because of race, color, religion,
sex, handicap, familial status or national origin.
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