South Carolina Code of Regulations
Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION
Subchapter 2 - FAIR HOUSING
Article 1 - DISCRIMINATORY CONDUCT
Section 65-215 - Prohibition Against Discrimination Because of Handicap
Universal Citation: SC Code Regs 65-215
Current through Register Vol. 48, 12, December 27, 2024
A. Purpose.
The purpose of this Rule is to effectuate the South Carolina Fair Housing Law.
B. Definitions.
As used in this Rule:
(1) "Accessible" when used with respect to
the public and common use areas of a building containing covered multifamily
dwellings, means the public or common use areas of the building can be
approached, entered, and used by individuals with physical handicaps. The
phrase "readily accessible to and usable by" is synonymous with accessible. A
public or common use area that complies with the appropriate requirements of
ANSI A117.1-1986 or a comparable standard is "accessible" within the meaning of
this paragraph.
(2) "Accessible
route" means a continuous unobstructed path connecting accessible elements and
spaces in a building or within a site that can be negotiated by a person with a
severe disability using a wheelchair and that is also safe for and usable by
people with other disabilities. Interior accessible routes may include
corridors, floors, ramps, elevators and lifts. Exterior accessible routes may
include parking access aisles, curb ramps, walks, ramps and lifts. A route that
complies with the appropriate requirements of ANSI A117.1-1986 or a comparable
standard is an "accessible route".
(3) "ANSI A117.1-1986" means the 1986 edition
of the American National Standard for buildings and facilities providing
accessibility and usability for physically handicapped people. Copies may be
obtained from American National Standards Institute, Inc., 1430 Broadway, New
York, New York 10018. Copies may be inspected at the South Carolina Human
Affairs Commission, Columbia, South Carolina.
(4) "Building" means a structure, facility or
portion thereof that contains or serves one or more dwelling units.
(5) "Building entrance on an accessible
route" means an accessible entrance to a building that is connected by an
accessible route to public transportation stops, to accessible parking and
passenger loading zones, or to public streets or sidewalks, if available. A
building entrance that complies with ANSI A117.1-1986 or a comparable standard
complies with the requirements of this paragraph.
(6) "Common use areas" means rooms, spaces or
elements inside or outside of a building that are made available for the use of
residents of a building or the guests thereof. These areas include hallways,
lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas
and passageways among and between buildings.
(7) "Controlled substance" means any drug or
other substance, or immediate precursor included in the definitions in Chapter
53, Article 3, South Carolina Code of Laws of 1976, as amended.
(8) "Covered multifamily dwellings" means
buildings consisting of four or more dwelling units if such buildings have one
or more elevators; and ground floor dwelling units in other buildings
consisting of four or more dwelling units.
(9) "Dwelling unit" means a single unit of
residence for a family of one or more persons. Examples of dwelling units
include: a single family home; an apartment unit within an apartment building;
and in other types of dwellings in which sleeping accommodations are provided
but toileting or cooking facilities are shared by occupants of more than one
room or portion of the dwelling, rooms in which people sleep. Examples of the
latter include dormitory rooms and sleeping accommodations in shelters intended
for occupancy as a residence for homeless persons.
(10) "Entrance" means any access point to a
building or portion of a building used by residents for the purpose of
entering.
(11) "Exterior" means all
areas of the premises outside of an individual dwelling unit.
(12) "First occupancy" means a building that
has never before been used for any purpose.
(13) "Ground floor" means a floor of a
building with a building entrance on an accessible route. A building may have
more than one ground floor.
(14)
"Handicap" means with respect to a person, a physical or mental impairment
which substantially limits one or more major life activities; a record of such
an impairment; or being regarded as having such an impairment. This term does
not include current, illegal use of or addiction to a controlled substance. As
used in this definition:
(a) "Physical or
mental impairment" includes:
(i) Any
physiological disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems: Neurological;
musculoskeletal; special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic;
skin; and endocrine; or
(ii) Any
mental or psychological disorder, such as intellectual disability, organic
brain syndrome, emotional or mental illness, and specific learning
disabilities.
(iii) The term
"physical or mental impairment" includes, but is not limited to, such diseases
and conditions as orthopedic, visual, speech and hearing impairments, cerebral
palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart
disease, diabetes, Human Immunodeficiency Virus infection, intellectual
disability, emotional illness, drug addiction (other than addiction caused by
current, illegal use of a controlled substance) and alcoholism.
(b) "Major life activities" means
functions such as caring for one's self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning and working.
(c) "Has a record of such an impairment"
means has a history of, or has been misclassified as having, a mental or
physical impairment that substantially limits one or more major life
activities.
(d) "Is regarded as
having an impairment" means:
(i) Has a
physical or mental impairment that does not substantially limit one or more
major life activities but that is treated by another person as constituting
such a limitation;
(ii) Has a
physical or mental impairment that substantially limits one or more major life
activities only as a result of the attitudes of others toward such impairment;
or
(iii) Has none of the
impairments defined in paragraph (a) of this definition but is treated by
another person as having such an impairment.
(15) "Interior" means the spaces, parts,
components or elements of an individual dwelling unit.
(16) "Modification" means any change to the
public or common use areas of a building or any change to a dwelling
unit.
(17) "Premises" means the
interior or exterior spaces, parts, components or elements of a building,
including individual dwelling units and the public and common use areas of a
building.
(18) "Public use areas"
means interior or exterior rooms or spaces of a building that are made
available to the general public. Public use may be provided at a building that
is privately or publicly owned.
(19) "Site" means a parcel of land bounded by
a property line or a designated portion of a public right of way.
C. General prohibitions against discrimination because of handicap.
(1) It
shall be unlawful 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 so sold, rented, or made available;
or
(c) Any person associated with
that person.
(2) It
shall be unlawful to discriminate against any person in the terms, conditions,
or privileges of the sale or rental of a dwelling, or in the provision of
services or facilities in connection with such dwelling, 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 so sold, rented, or made available;
or
(c) Any person associated with
that person.
(3) It
shall be unlawful to make an inquiry to determine whether an applicant for a
dwelling, a person intending to reside in that dwelling after it is sold,
rented or made available, or any person associated with that person, has a
handicap or to make inquiry as to the nature or severity of a handicap of such
a person. However, this paragraph does not prohibit the following inquiries,
provided these inquiries are made of all applicants, whether or not they have
handicaps:
(a) Inquiry into an applicant's
ability to meet the requirements of ownership or tenancy;
(b) Inquiry to determine whether an applicant
is qualified for a dwelling available only to persons with handicaps or to
persons with a particular type of handicap;
(c) Inquiry to determine whether an applicant
for a dwelling is qualified for a priority available to persons with handicaps
or to persons with a particular type of handicap;
(d) Inquiring whether an applicant for a
dwelling is a current illegal abuser or addict of a controlled
substance;
(e) Inquiring whether an
applicant has been convicted of the illegal manufacture or distribution of a
controlled substance.
(4) Nothing in this Rule requires that a
dwelling be made available to an individual whose tenancy would constitute a
direct threat to the health or safety of other individuals or whose tenancy
would result in substantial physical damage to the property of
others.
D. Reasonable modification of existing premises.
(1) It
shall be unlawful for any person to refuse to permit, at the expense of a
handicapped person, reasonable modifications of existing premises, occupied or
to be occupied by a handicapped person, if the proposed modifications may be
necessary to afford the handicapped person full enjoyment of the premises of a
dwelling. In the case of a rental, the landlord may, where it is reasonable to
do so, condition permission for a modification on the renter is agreeing to
restore the interior of the premises to the condition that existed before the
modification, reasonable wear and tear excepted. The landlord may not increase
for handicapped persons any customarily required security deposit. However,
where it is necessary in order to ensure with reasonable certainty that funds
will be available to pay for the restorations at the end of the tenancy, the
landlord may negotiate as part of such a restoration agreement a provision
requiring that the tenant pay into an interest bearing escrow account, over a
reasonable period, a reasonable amount of money not to exceed the cost of the
restorations. The interest in any such account shall accrue to the benefit of
the tenant.
(2) A landlord may
condition permission for a modification on the renter's providing a reasonable
description of the proposed modifications as well as reasonable assurances that
the work will be done in a workmanlike manner and that any required building
permits will be obtained.
E. Reasonable accommodations.
It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a handicapped person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.
F. Design and construction requirements.
Covered multifamily dwellings for first occupancy after March 31, 1991 shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 13, 1991 if it is occupied by that date or if the last building permit or renewal thereof for the covered multifamily dwelling is issued by a State, County or local government on or before January 13, 1990. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing facility.
CODE COMMISSIONER'S NOTE
Pursuant to 2011 Act No. 47, Section14(B), the Code Commissioner substituted "intellectual disability" for "mental retardation" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded".
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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