S.C. Code Ann. § 31-21-140
Civil action; damages
Operative Text
(A) A civil action must be commenced within one year after the alleged discriminatory housing practice has occurred. However, the court shall continue a civil case brought pursuant to this section from time to time before bringing it to trial if the court believes that the conciliation efforts of the commission or local agency are likely to result in satisfactory settlement of the discriminatory housing practice complained of in the complaint made to the commission or to the local agency and which practice forms the basis for the action in court. Any sale, encumbrance, or rental consummated before the issuance of any court order issued under the authority of this chapter and involving a bona fide purchaser, encumbrances, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this chapter are not affected. A civil action may be commenced by an aggrieved person whether or not a complaint has been filed with the commission. (B) The court may grant as relief, as it considers appropriate, any permanent or temporary injunction, temporary restraining order, or other order and may award the plaintiff actual damages, and punitive damages, together with court costs and reasonable attorney's fees in the case of a prevailing party, if the prevailing party in the opinion of the court is not financially able to assume the attorney's fees.
Section 31-21-140 of the South Carolina Code establishes the legal framework for civil lawsuits related to discriminatory housing practices. An aggrieved person has one year from the date of the alleged discrimination to file suit, and may do so regardless of whether a complaint was previously filed with a commission or local agency. Courts handling these cases may pause proceedings to allow conciliation efforts to proceed, and if a plaintiff prevails, the court has discretion to award actual damages, punitive damages, injunctive relief, and attorney's fees when the prevailing party cannot financially bear those costs.
Plain English — not legal advice.
Under § 31-21-140, property owners and managers should be aware that any person who believes they have experienced discriminatory housing treatment may bring a civil lawsuit within one year of the alleged incident, independent of any administrative complaint process. Compliant operators generally maintain clear, consistent, and documented non-discriminatory policies for rentals, sales, and encumbrances to reduce exposure to claims under this provision. Courts may award a range of remedies against a defendant found liable, including injunctions, actual damages, and punitive damages, making adherence to fair housing standards a central operational priority.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 31-21-140 gives individuals who believe they have experienced discriminatory housing practices the right to file a civil lawsuit in South Carolina court within one year of the alleged incident. This right exists independently — a complaint to a commission or local agency is not a prerequisite for going to court, though courts may pause a civil case if conciliation efforts appear likely to resolve the matter. Tenants exploring their options under this provision may consider reaching out to a tenant-rights organization or fair housing advocacy group to better understand the range of remedies available, which can include injunctive relief, actual and punitive damages, and potentially attorney's fees.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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