South Carolina H 3232: Residential rental property

Bill Text

2025-2026 Bill 3232 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3232

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE 
"HEALTHY RENTAL HOUSING ACT" BY ADDING SECTION 27-40-635 SO AS TO PROVIDE 
REMEDIES FOR TENANTS OF RESIDENTIAL RENTAL PROPERTIES WITH MOLD THAT MATERIALLY 
AFFECTS THE HEALTH OR SAFETY OF THE TENANT OR AUTHORIZED OCCUPANT OF THE RENTAL 
PROPERTY; BY AMENDING SECTION 27-40-210, RELATING TO DEFINITIONS IN THE 
RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO DEFINE ADDITIONAL NECESSARY 
TERMINOLOGY; BY AMENDING SECTION 27-40-420, RELATING TO CERTAIN WRITTEN 
DISCLOSURES THAT LANDLORDS MUST MAKE TO RESIDENTIAL TENANTS, SO AS TO REQUIRE 
WRITTEN DISCLOSURE OF VISIBLE EVIDENCE OF MOLD IN AREAS READILY ACCESSIBLE 
WITHIN THE INTERIOR OF THE DWELLING UNIT, AND TO PROVIDE OPTIONS FOR A TENANT 
TO WHOM THE LANDLORD DISCLOSES THE PRESENCE OF SUCH MOLD; BY AMENDING SECTION 
27-40-440, RELATING TO LANDLORD OBLIGATIONS TO MAINTAIN RENTAL UNITS AND 
PREMISES, SO AS TO PROVIDE LANDLORDS SHALL MAINTAIN THE RENTAL UNITS AND 
PREMISES IN A CONDITION APPROPRIATE TO PREVENT THE ACCUMULATION OF MOISTURE AND 
THE GROWTH OF MOLD, AND TO PROVIDE CERTAIN NOTICE REQUIREMENTS WHEN SUCH 
MOISTURE OR MOLD IS FOUND; AND BY AMENDING SECTION 27-40-510, RELATING TO THE 
OBLIGATIONS OF TENANTS WITH RESPECT TO RENTAL UNITS AND PREMISES, SO AS TO 
PROVIDE TENANTS SHALL USE REASONABLE EFFORTS TO MAINTAIN THE PREMISES IN A 
CONDITION APPROPRIATE TO PREVENT THE ACCUMULATION OF MOISTURE AND THE GROWTH OF 
MOLD, AND TO PROVIDE CERTAIN NOTICE REQUIREMENTS WHEN SUCH MOISTURE OR MOLD IS 
FOUND.

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

SECTION 1. This act may be cited as the "Healthy Rental Housing Act."

SECTION 2. Subarticle I, Article 7, Chapter 40, Title 27 of the 
S.C. Code is amended by adding:

 Section 
27-40-635. Where a mold condition in the dwelling unit materially affects the 
health or safety of any tenant or authorized occupant, the landlord may require 
the tenant to temporarily vacate the dwelling unit in order for the landlord to 
perform mold remediation in accordance with professional standards for a period 
not to exceed thirty days. The landlord shall provide the tenant with either a 
comparable dwelling unit, as selected by the landlord, at no expense or cost to 
the tenant, or a hotel room, at no expense or cost to the tenant. The tenant 
continues to be responsible for payment of rent under the rental agreement 
during the period of any temporary relocation and for the remainder of the term 
of the rental agreement following the remediation. Nothing in this section may 
be construed as entitling the tenant to a termination of a tenancy where or 
when the landlord has remediated a mold condition in accordance with 
professional standards as defined. The landlord shall pay all costs of the mold 
remediation, unless the mold is a result of the tenant's failure to comply with 
Section 27-47-510.

SECTION 3. Section 27-40-210 of the S.C. Code is amended to read:

 Section 
27-40-210. Subject to additional definitions 
contained in subsequent articles of this chapter which apply to specific 
articles or parts of this chapter, and unless the context otherwise requires, 
in this chapter:

 (1) 
"action" includes recoupment, counterclaim, set-off, suit in equity, and any 
other proceeding in which rights are determined, including an action for 
possession;

 (2) 
"building and housing codes" include any law, ordinance, or governmental 
regulation concerning fitness for habitation, or the construction, maintenance, 
operation, occupancy, use, or appearance of any premise, or dwelling unit;

 (3) 
"dwelling unit" means a structure or the part of a structure that is used as a 
home, residence, or sleeping place by one person who maintains a household or 
by two or more persons who maintain a common household and includes 
landlord-owned mobile homes. Property that is leased for the exclusive purpose 
of being renovated by the lessee is not considered a dwelling unit within the 
meaning of this chapter;

 (4) "essential services" means 
sanitary plumbing or sewer services; electricity; gas, where it is used for 
heat, hot water, or cooking; running water, and reasonable amounts of hot water 
and heat, except where the building that includes the dwelling unit is not 
required by law to be equipped for that purpose, or the dwelling unit is so 
constructed that heat or hot water is generated by an installation within the 
exclusive control of the tenant and supplied by a direct public utility 
connection;

 (4)(5) "fair-market rental value" means the actual periodic 
rental payment for comparable rental property to which a willing landlord