South Carolina Section 8, Records & Right to Counsel
South Carolina rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No. The South Carolina Fair Housing Law protects race, color, religion, sex, familial status, national origin (among other protections), but not source of income or voucher use. S.C. Code 31-21-40
The rules in South Carolina
| Statewide ban on refusing Section 8 / source of income | No. The South Carolina Fair Housing Law protects race, color, religion, sex, familial status, national origin (among other protections), but not source of income or voucher use. Source: S.C. Code 31-21-40 |
|---|---|
| Eviction record sealing | Starting January 1, 2027: eviction filings and records with a defendant's personal information (including cases ending in an order of eviction or writ of ejectment, settled cases, and cases resolved by later payment) must be removed from the public index and publicly accessible files 7 years after final disposition or filing if no additional filing is recorded. Removal is automatic (by the responsible agency); no motion process. A separate bill, S.744 (expungement by motion after 5 eviction-free years), was still in Senate Judiciary per https://www.scstatehouse.gov/sess126_2025-2026/bills/744.htm. |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases. No right-to-counsel provision in the ejectment or landlord-tenant chapters. |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
South Carolina vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| South Carolina | No. The South Carolina Fair Housing Law protects race, color, religion, sex, familial status, national origin (among other protections), but not source of income or voucher use. S.C. Code 31-21-40 | Starting January 1, 2027: eviction filings and records with a defendant's personal information (including cases ending in an order of eviction or writ of ejectment, settled cases, and cases resolved by later payment) must be removed from the public index and publicly accessible files 7 years after final disposition or filing if no additional filing is recorded. Removal is automatic (by the responsible agency); no motion process. S.C. Code 30-2-60 (2026 Act No. 214, H.4270) | No statewide right to counsel in eviction cases. S.C. Code Title 27, Ch. 37 and Ch. 40 |
| Georgia | No statewide protection. Georgia's fair housing protected classes are race, color, religion, sex, national origin, familial status and disability; source of income (including vouchers) is not among them. Georgia Fair Housing Act, O.C.G.A. § 8-3-200 et seq. (as summarized in DCA Landlord-Tenant Handbook, rev. 8-29-24, p. 4) | No statute in effect yet. Beginning January 1, 2027, a court may, on motion and after a hearing, order all court records of a dispossessory (eviction) case made unavailable to the public if the tenant won the case, the tenant paid the judgment in full with interest and costs, or seven years have passed since a dismissal or judgment (with any judgment paid in full). The landlord may still pursue amounts owed in a separate action or through collections. O.C.G.A. § 44-7-50(e) (added by SB 406, 2026, Act 715, § 8; effective January 1, 2027) | Not verified yet |
| North Carolina | No statewide protection. Since 2024 state law also bars counties and cities from adopting or enforcing ordinances that stop landlords from refusing tenants whose rent includes federal housing assistance (for example Section 8 vouchers). N.C. Gen. Stat. § 42-14.1(b) (S.L. 2024-47, s. 7) | No statute. North Carolina has no general provision for sealing or expunging summary ejectment (eviction) records. N.C. Gen. Stat. ch. 42 (no sealing provision for summary ejectment) | No statute. North Carolina has no statewide right to a lawyer in eviction cases. N.C. Gen. Stat. ch. 42, art. 3 (Summary Ejectment; no counsel provision) |
More South Carolina rental law
- South Carolina Security Deposit Law
- South Carolina Eviction Laws
- South Carolina Notice to Vacate Rules
- Landlord Entry Rules in South Carolina
- South Carolina Repairs & Tenant Remedies
- South Carolina Rent Increase & Late Fee Laws
- Breaking a Lease in South Carolina
- Squatters' Rights in South Carolina
- South Carolina Rental Fee Rules
- South Carolina Mold, Pests, Heat & AC Rules
- South Carolina Privacy, Guests & Animal Rules
- South Carolina Landlord Selling the House
- South Carolina Lockouts, Utility Shutoffs & Retaliation
- South Carolina Subletting, Lease Endings & Tenant Death
- All South Carolina landlord-tenant rules
- Free legal help in South Carolina
Compare section 8, records & right to counsel in all 50 states and DC →
South Carolina Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in South Carolina?
No. The South Carolina Fair Housing Law protects race, color, religion, sex, familial status, national origin (among other protections), but not source of income or voucher use. (S.C. Code 31-21-40)
Can an eviction record be sealed or removed in South Carolina?
Starting January 1, 2027: eviction filings and records with a defendant's personal information (including cases ending in an order of eviction or writ of ejectment, settled cases, and cases resolved by later payment) must be removed from the public index and publicly accessible files 7 years after final disposition or filing if no additional filing is recorded. Removal is automatic (by the responsible agency); no motion process. (S.C. Code 30-2-60 (2026 Act No. 214, H.4270))
Do tenants have a right to a free lawyer in eviction cases in South Carolina?
No statewide right to counsel in eviction cases. (S.C. Code Title 27, Ch. 37 and Ch. 40)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.