H 5216 General Bill, By Whipper
 A BILL TO AMEND SECTIONS 31-21-40 AND 31-21-60 OF THE CODE OF LAWS OF SOUTH
 CAROLINA, 1976, BOTH RELATING TO UNLAWFUL DISCRIMINATORY ACTS IN CONNECTION
 WITH THE SALE OR RENTAL OF PROPERTY, SO AS TO MAKE IT AN UNLAWFUL ACT TO USE,
 IN BAD FAITH, INCOME AS A DETERMINATIVE FACTOR IN REFUSING OR DENYING THE SALE
 OR RENTAL IF THE EFFECT OF THAT BAD FAITH CONSIDERATION IS AN OTHERWISE
 UNLAWFUL DISCRIMINATORY ACT, AND TO PROVIDE FOR SOME EVIDENCE OF GOOD FAITH.

   05/06/04  House  Introduced and read first time HJ-111
   05/06/04  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-112

TO AMEND SECTIONS 31-21-40 AND 31-21-60 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO UNLAWFUL DISCRIMINATORY ACTS IN CONNECTION WITH THE SALE OR RENTAL OF PROPERTY, SO AS TO MAKE IT AN UNLAWFUL ACT TO USE, IN BAD FAITH, INCOME AS A DETERMINATIVE FACTOR IN REFUSING OR DENYING THE SALE OR RENTAL IF THE EFFECT OF THAT BAD FAITH CONSIDERATION IS AN OTHERWISE UNLAWFUL DISCRIMINATORY ACT, AND TO PROVIDE FOR SOME EVIDENCE OF GOOD FAITH.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 31-21-40 of the 1976 Code is amended to read:

"Section 31-21-40.    (A)    It is unlawful:

(1)    to refuse to sell or rent after the making of a bona fide offer, to refuse to negotiate for the sale or rental of, or otherwise to make unavailable or deny a dwelling to any person because of race, color, religion, sex, familial status, or national origin;

(2)    to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with it, because of race, color, religion, sex, familial status, or national origin;

(3)    to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin or an intention to make the preference, limitation, or discrimination;

(4)    to represent to any person because of race, color, religion, sex, handicap, familial status, or national origin that any dwelling is not available for inspection, sale, or rental when the dwelling is available;

(5)    for profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin;

(6)    to discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:

(a)    that buyer or renter;

(b)    a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(c)    any person associated with that buyer or renter;

(7)    to discriminate against a person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection with the dwelling, because of a handicap of:

(a)    that person;

(b)    a person residing in or intending to reside in that dwelling after it is sold, rented, or made available; or

(c)    any person associated with that person.

(B)(1)    In connection with the sale or rental of a dwelling to use income, in bad faith, as a determinative factor in refusing or denying the sale or rental if the effect of the bad faith reliance on income is an unlawful discriminatory practice described in subsection (A).

(2)    It is some evidence of good faith that the prospective buyer or renter is referred to the State Housing Finance and Development Authority and other resources for housing for low income buyers and renters."

SECTION    2.    Section 31-21-60(C) of the 1976 Code is amended to read:

"(C)    Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status, except that the other factors may not include income if the effect of the bad faith consideration of income is an unlawful discriminatory act described in subsection (A). It is some evidence of good faith that the prospective buyer or renter is referred to the State Housing Finance and Development Authority and other resources for housing for low income buyers and renters."

SECTION    3.    This act takes effect upon approval by the Governor and applies to subject transactions initiated after that date.