South Carolina Code of Regulations
Chapter 65 - SOUTH CAROLINA HUMAN AFFAIRS COMMISSION
Subchapter 2 - FAIR HOUSING
Article 1 - DISCRIMINATORY CONDUCT
Section 65-217 - Housing for Older Persons

(a) The housing facility has significant facilities and services specifically designed to meet the physical or social needs of older persons. "Significant facilities and services specifically designed to meet the physical or social needs of older persons" include, but are not limited to, social and recreational programs, continuing education, information and counseling, recreational, homemaker, outside maintenance and referral services, an accessible physical environment, emergency and preventive health care programs, congregate dining facilities, transportation to facilitate access to social services, and services designed to encourage and assist residents to use the services and facilities available to them (the housing facility need not have all of these features to qualify for the exemption under this subparagraph); or

(b) It is not practicable to provide significant facilities and services designed to meet the physical or social needs of older persons and the housing facility is necessary to provide important housing opportunities for older persons. In order to satisfy this subsection the owner or manager of the housing facility must demonstrate through credible and objective evidence that the providing of significant facilities and services designed to meet the physical or social needs of older persons would result in depriving older persons in the relevant geographic areas of needed and desired housing. The following factors, among others, are relevant in meeting the requirements of this subsection:

(c) At least eighty percent of the units in the housing facility are occupied by at least one person fifty-five years of age or older per unit except that a newly constructed housing facility for first occupancy after March 12, 1989 need not comply with this subsection until twenty-five percent of the units in the facility are occupied; and

(d) The owner or manager of a housing facility publishes and adheres to policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or older. The following factors, among others, are relevant in determining whether the owner or manager of a housing facility has complied with the requirements of this paragraph of this section:

(a) At least eighty percent of the units are occupied by at least one person fifty five years of age or older;

(b) There are unoccupied units, provided that at least eighty percent of such units are reserved for occupancy by at least one person fifty five years of age or over;

(c) There are units occupied by employees of the housing (and family members residing in the same unit) who are under fifty five years of age provided they perform substantial duties directly related to the management or maintenance of the housing.