South Carolina ESA Housing Letter

What South Carolina law says about emotional support animals

South Carolina's fair housing law speaks directly to animals that aren't service animals. Since 2019, S.C. Code §31-21-70(N) has set the two questions a landlord may ask and the documentation that is enough, alongside the state's reasonable accommodation rule and the federal Fair Housing Act. The statute's word for disability is handicap.

• Under the South Carolina Fair Housing Law, refusing to make reasonable accommodations in rules, policies, practices or services, when they may be necessary to give a person with a disability equal opportunity to use and enjoy a dwelling, counts as unlawful disability discrimination. (S.C. Code §31-21-70(G)(2); §31-21-40(6))

• For an animal that isn't a service animal, a landlord may ask a tenant or prospective tenant two questions: does the person who will live with the animal have a disability, meaning a physical or mental impairment that substantially limits one or more major life activities, and do they have a disability-related need for the animal? (S.C. Code §31-21-70(N)(1))

• The landlord may ask for documentation to verify the answers. The statute says documentation is sufficient if it establishes that you have a disability and that the animal will provide some type of disability-related assistance or emotional support. It doesn't require the animal to be trained, and it doesn't say who must write the documentation. (S.C. Code §31-21-70(N)(2))

• HUD's May 2026 enforcement memo says HUD's fair housing office will find reasonable cause on an animal-accommodation complaint only where the animal is individually trained. On August 5, 2026, SCHAC said that change doesn't affect the South Carolina Fair Housing Law, that §31-21-70(N) doesn't require an animal to be individually trained, and that it continues to accept and investigate assistance-animal complaints. (SCHAC statement, August 5, 2026; S.C. Code §31-21-70(N))

• Some rentals sit outside the state law's accommodation rule. Section 31-21-40, where the accommodation duty sits, doesn't apply to rooms or units in a building for up to four families when the owner lives in one of them, or to a single-family house rented by a private owner of no more than three such houses without a broker or agent and without discriminatory advertising. (S.C. Code §31-21-70(A), (B) and (G))

• We found no South Carolina statute on pet deposits or fees for an emotional support animal, and the Residential Landlord and Tenant Act doesn't mention pets. S.C. Code §43-33-70(d) says a person with a disability who has an assistance dog isn't required to pay extra compensation for the dog in housing, though they're liable for damage it does. That section sits in the chapter on the rights of physically disabled persons, and §43-33-20(c) speaks of an assistance dog especially trained for the purpose, so it doesn't settle fees for an ESA. (S.C. Code §43-33-70(d); §43-33-20(c); Title 27, Chapter 40)

• Intentionally misrepresenting an animal as a service animal, or one in training, to get a right or privilege given to a disabled person, knowing it isn't one, is unlawful in South Carolina. It isn't a criminal offense, but a person found in violation must be fined up to $250 for a first offense, $500 for a second and $1,000 after that. The state's service animal definition says emotional support isn't work or a task, so call yours an emotional support animal. (S.C. Code §47-3-980; §47-3-920(4))

Checked November 2026 at the sources listed at the end of this page. More on South Carolina ESA laws.

If your South Carolina landlord says no

1. Ask in writing and keep your own copy of the request, your letter and every reply.
2. Ask for the reason in writing, and send any information your landlord didn't consider.
3. Describe your animal accurately, as an emotional support animal, not a service animal.

• File with the South Carolina Human Affairs Commission (SCHAC) within 180 days after the discrimination happened, a shorter limit than HUD's one year. The complaint must be in writing and verified; SCHAC's housing intake staff help decide whether you have a basis and prepare a complaint for you to sign. Reporting discrimination to SCHAC is free and you don't need a lawyer. SCHAC is on HUD's list of Fair Housing Assistance Program agencies. (S.C. Code §31-21-120(A)–(B))

• You can also go to court, whether or not you file with SCHAC. The South Carolina Fair Housing Law lets you bring a civil action within one year after the discrimination, and the court can award actual and punitive damages and, in some cases, attorney's fees. (S.C. Code §31-21-140)

• The federal Fair Housing Act allows a lawsuit within two years of the discrimination. South Carolina Legal Services and Disability Rights South Carolina can tell you whether they can take your case. (42 U.S.C. §3613(a)(1)(A))

• You can also file with HUD within one year (42 U.S.C. §3610). Under its May 2026 memo, HUD finds a violation only where the animal is trained to provide disability-related assistance.

If your landlord denies your request in writing, you may also be eligible for a refund: see our refund policy.

Renting in South Carolina

• 28.1% of occupied homes in South Carolina are rented US: 34.8%
• 595,868 renter households
• $1,180 median gross rent a month US: $1,413

More than one in four occupied homes in South Carolina are rented (28.1%), below the US share of 34.8%, and the median gross rent of $1,180 a month is $233 under the US median. That still adds up to 595,868 renter households, though some small owner-occupied buildings and small landlords' single-family rentals are exempt from the state law's accommodation rule.

Source: U.S. Census Bureau, American Community Survey 5-year estimates, table DP04, 2020–2024: South Carolina, United States.