Fair Housing Act Complaint - South Carolina

SOUTH CAROLINA FAIR HOUSING LAW COMPLAINT (S.C. Code § 31-21-10 et seq.)

1. CAPTION

STATE OF SOUTH CAROLINA

IN THE COURT OF COMMON PLEAS

COUNTY OF [____________________]

[__________] JUDICIAL CIRCUIT

Case No. [____________________]

SUMMONS AND COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Violation of the South Carolina Fair Housing Law (S.C. Code § 31-21-10 et seq.);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617);
3. Failure to Provide Reasonable Accommodation / Modification (S.C. Code § 31-21-50; 42 U.S.C. § 3604(f)). [if disability is at issue]

JURY TRIAL DEMANDED

Plaintiff, by and through undersigned counsel, alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], South Carolina, and an aggrieved person within the meaning of the South Carolina Fair Housing Law.

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the dwelling at issue and is a "person" subject to S.C. Code § 31-21-30(9).

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory acts.

2.4. Doe Defendants. Plaintiff is presently unaware of the true names and capacities of Defendants sued as John Does 1-10 and will amend this Complaint when ascertained.

2.5. Subject property. The dwelling at issue is located at [PROPERTY ADDRESS] (the "Property") and is a "dwelling" within the meaning of S.C. Code § 31-21-30(5) and 42 U.S.C. § 3602(b).

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under S.C. Code § 31-21-140, which authorizes a civil action in the court of common pleas.

3.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [COUNTY] County under S.C. Code § 15-7-30 because the Property is located in this County and the discriminatory conduct occurred here.

3.4. Timeliness. This action is filed within one (1) year after the alleged discriminatory housing practice occurred, as required by S.C. Code § 31-21-140(A).

4. FACTUAL ALLEGATIONS

4.1. The South Carolina Fair Housing Law prohibits housing discrimination because of race, color, religion, sex, familial status, national origin, or handicap (S.C. Code §§ 31-21-40, 31-21-50).

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., handicap (________), race (________), familial status (children under 18 / pregnancy), national origin, religion, sex].

4.4. Defendant engaged in one or more of the following discriminatory housing practices:

☐ Refusal to sell or rent after a bona fide offer, refusal to negotiate, or otherwise making unavailable or denying a dwelling (S.C. Code § 31-21-40(1))
☐ Discrimination in the terms, conditions, or privileges of sale or rental, or in services or facilities (S.C. Code § 31-21-40(2))
☐ Discriminatory notice, statement, or advertisement indicating a preference or limitation (S.C. Code § 31-21-40(3))
☐ Misrepresenting that a dwelling is unavailable when it is in fact available (S.C. Code § 31-21-40(4))
☐ Blockbusting — inducing sale or rental for profit by representations regarding the entry of protected-class persons (S.C. Code § 31-21-40(5))
☐ Steering
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services — handicap (S.C. Code § 31-21-50)
☐ Refusal to permit a reasonable modification of the premises — handicap (S.C. Code § 31-21-50)
☐ Failure to design and construct covered multifamily dwellings to be accessible (S.C. Code § 31-21-50)
☐ Harassment or creation of a hostile housing environment
☐ Coercion, intimidation, threat, or interference / retaliation
☐ Other: [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability/handicap allegations, if applicable:] Plaintiff has a handicap within the meaning of S.C. Code § 31-21-30(7) and 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance/support animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to respond / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — SOUTH CAROLINA FAIR HOUSING LAW (S.C. Code § 31-21-10 et seq.)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more discriminatory housing practices prohibited by S.C. Code §§ 31-21-40 and 31-21-50 because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect.

5.4. Plaintiff is entitled to the relief available under S.C. Code § 31-21-140, including actual damages, punitive damages, injunctive relief, court costs, and reasonable attorney fees.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / handicap].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorney fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — HANDICAP: REASONABLE ACCOMMODATION / MODIFICATION (S.C. Code § 31-21-50; 42 U.S.C. § 3604(f))

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a handicap under S.C. Code § 31-21-30(7) and 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of S.C. Code § 31-21-50 and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to actual and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorney fees and costs.

8. DAMAGES

8.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity.

8.3. Punitive damages: S.C. Code § 31-21-140 expressly authorizes punitive damages, and 42 U.S.C. § 3613(c)(1) authorizes punitive damages on the federal count, where Defendant acted with malice or reckless indifference.

8.4. Civil penalties: as authorized in SCHAC administrative proceedings under S.C. Code § 31-21-130 (not greater than the federal FHA penalty amounts).

8.5. Attorney fees and costs: under S.C. Code § 31-21-140 and 42 U.S.C. § 3613(c)(2).

8.6. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages under S.C. Code § 31-21-140 and the federal FHA;
• D. For a declaration that Defendants' conduct violated South Carolina and federal fair-housing laws;
• E. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For reasonable attorney fees and court costs under all applicable fee-shifting statutes;
• G. For pre- and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

10. JURY TRIAL DEMAND

Plaintiff demands a trial by jury on all issues so triable pursuant to S.C. R. Civ. P. 38 and the Seventh Amendment to the United States Constitution.

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of South Carolina that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated herein are true of my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

Executed on [__/__/____] at [CITY], South Carolina.

[____________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], S.C. Bar No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and correct copy of the foregoing Summons and Complaint to be served on the following by [method — service of process per S.C. R. Civ. P. 4 / mail / electronic service]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. SOUTH CAROLINA PRACTICE NOTES

• Enforcing agency. The South Carolina Human Affairs Commission (SCHAC) administers and enforces the South Carolina Fair Housing Law.
• Protected classes (track federal). S.C. Code §§ 31-21-40, 31-21-50: race, color, religion, sex, familial status, national origin, and handicap. South Carolina does NOT add sexual orientation, gender identity, source of income, or age (beyond familial-status protections) at the state level — these would have to come from a local ordinance, if any.
• Administrative charge vs. direct court suit. An aggrieved person may file an administrative complaint with SCHAC under S.C. Code § 31-21-130 OR file a civil action directly in the court of common pleas under S.C. Code § 31-21-140. The two routes are independent.
• Limitations periods.
• SCHAC administrative complaint: 180 days from the discriminatory act (S.C. Code § 31-21-130(A)). SCHAC must complete its investigation within 100 days and make final administrative disposition within one year where practicable.
• State court civil action: 1 year after the discriminatory practice occurred (S.C. Code § 31-21-140(A)), with the limitations period tolled for time an administrative proceeding was pending.
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Remedies and penalties. S.C. Code § 31-21-140 authorizes actual damages, punitive damages, court costs, and reasonable attorney fees to a prevailing party. In SCHAC administrative proceedings, the panel may order that the practice be discontinued, award actual damages, and impose civil penalties not greater than the federal FHA penalty amounts.
• Removal exposure. Including the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading state counts only to anchor in state court.

15. SOURCES AND REFERENCES

• S.C. Code § 31-21-10 et seq. (South Carolina Fair Housing Law) — https://www.scstatehouse.gov/code/t31c021.php
• S.C. Code § 31-21-140 (civil action; one-year SOL; actual and punitive damages, costs, attorney fees) — https://www.scstatehouse.gov/code/t31c021.php
• South Carolina Human Affairs Commission — Fair Housing Law (PDF) — https://schac.sc.gov/sites/schac/files/Documents/HAC/About%20Us/Fair%20Housing%20Law.pdf
• South Carolina Human Affairs Commission — https://schac.sc.gov/
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in South Carolina must review and customize this document before filing. Verify all statutory citations and court rules before use.