S.C. Code Ann. § 44-53-1490
Private causes of action; action by municipality
Operative Text
(A) A violation of this article does not give rise to a private cause of action. However, this article does not prohibit a person from commencing an action for damages or injunctive relief pursuant to other law; and this article does not prohibit an action by a municipality or other governmental entity for damages or injunctive relief or an action authorized by other law or regulation. (B) This section does not prohibit the introduction of evidence of failure to comply with the provisions of this article in establishing the appropriate standard of care in the other action.
Under S.C. Code Ann. § 44-53-1490, a violation of the article in question does not, by itself, create a standalone private lawsuit. However, the provision preserves the ability of individuals, municipalities, and other governmental entities to pursue claims for damages or injunctive relief under other applicable laws. Additionally, evidence that someone failed to comply with this article's requirements may still be introduced in those separate legal proceedings to help establish what the appropriate standard of care should have been.
Plain English — not legal advice.
Property owners and managers should be aware that S.C. Code Ann. § 44-53-1490 does not eliminate all legal exposure simply because no direct private cause of action arises from this article. Municipalities and governmental entities retain the ability to seek damages or injunctive relief, and non-compliance with this article's provisions can be used as evidence of a substandard duty of care in other proceedings. Operators who maintain documented compliance practices are generally better positioned when such evidence questions arise in related litigation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under S.C. Code Ann. § 44-53-1490, tenants cannot file a lawsuit based solely on a violation of this article, but that does not foreclose all legal avenues. A tenant may still pursue claims under other applicable state or local laws, and evidence of a landlord's failure to comply with this article can be introduced in those separate proceedings to help demonstrate what standard of care applied. Tenants seeking to understand how this provision interacts with their specific circumstances may benefit from consulting a tenant-rights organization or legal aid service familiar with South Carolina housing law.
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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