South Carolina ESA Letter Laws & Housing Rights | Complete Legal Guide

South Carolina ESA Letter Laws & Housing Rights

Complete legal guide to emotional support animal regulations in South Carolina. Understand your rights, landlord responsibilities, and legal requirements for ESA letters in the Palmetto State.

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What Is an Emotional Support Animal (ESA)?

Understanding the legal definition and purpose of emotional support animals in South Carolina

South Carolina ESA Laws Explained

State-specific regulations and protections for emotional support animals

South Carolina Fair Housing Law

The South Carolina Fair Housing Law (SC Code § 31-21-10 et seq.) provides additional state-level protections for ESA owners. This law works in conjunction with federal Fair Housing Act requirements to protect individuals with disabilities who need emotional support animals.

Key aspects of South Carolina law regarding ESAs:

  • South Carolina Fair Housing Law prohibits discrimination based on disability
  • Requires reasonable accommodations for individuals with disabilities
  • Applies to most housing providers in South Carolina
  • Enforced by the South Carolina Human Affairs Commission
  • Provides state-level complaint process and remedies
  • Includes protections for ESAs as assistance animals
  • Covers both rental and sales of housing accommodations
  • Provides longer filing period than federal law (one year vs. one year)

South Carolina Human Affairs Commission

The South Carolina Human Affairs Commission (SCHAC) is the state agency responsible for enforcing fair housing laws, including those protecting ESA owners. SCHAC investigates complaints, provides education, and can impose penalties for violations.

Important: South Carolina provides strong state-level protections for ESA owners through the South Carolina Fair Housing Law. This law complements federal Fair Housing Act requirements and provides additional enforcement mechanisms through the South Carolina Human Affairs Commission. Landlords must comply with both federal and state regulations.

The South Carolina Human Affairs Commission has authority to investigate complaints, hold hearings, and impose remedies including compensatory damages, civil penalties, and injunctive relief for violations of ESA rights.

Federal ESA Laws That Apply in South Carolina

Understanding the federal regulations that protect ESA owners in the Palmetto State

Federal Laws Governing ESAs in South Carolina

Fair Housing Act (FHA)

The Fair Housing Act is the primary federal law protecting ESA owners in South Carolina. It requires housing providers to make reasonable accommodations for individuals with disabilities, including allowing emotional support animals in housing with no-pet policies.

Key FHA protections include:

  • ESAs must be allowed in no-pet housing
  • No pet fees, deposits, or pet rent for ESAs
  • Breed and size restrictions do not apply to ESAs
  • Applies to most rental housing in South Carolina
  • Covers apartments, condos, and single-family homes
  • Protects tenants in cities like Charleston and Columbia
  • Applies to housing providers with 4 or more units
  • Includes protections for single-family homes rented without brokers

Air Carrier Access Act (ACAA)

The Air Carrier Access Act previously protected ESAs during air travel, but recent updates have changed these regulations. As of January 2021, airlines are no longer required to accommodate emotional support animals as service animals.

Current ACAA status for ESAs:

  • Airlines may choose to accommodate ESAs at their discretion
  • Most airlines now treat ESAs as pets with applicable fees
  • Service animals still have full protection under ACAA
  • Always check airline policies before traveling with an ESA
  • South Carolina airports (CHS, CAE, GSP, MYR) follow TSA guidelines
  • Some airlines may have specific documentation requirements

South Carolina Federal Compliance

South Carolina landlords must comply with both federal Fair Housing Act requirements and the South Carolina Fair Housing Law regarding emotional support animals. The South Carolina Human Affairs Commission actively enforces these protections throughout the state and can impose penalties on landlords who violate federal or state laws.

South Carolina ESA Housing Rights

Understanding your rights as an ESA owner in South Carolina housing

Housing Accommodation Rights

Under both the Fair Housing Act and South Carolina Fair Housing Law, landlords must provide reasonable accommodations for tenants with emotional support animals, even in properties with no-pet policies.

Your housing rights as an ESA owner in South Carolina include:

  • The right to live with your ESA in no-pet housing
  • Exemption from pet fees, deposits, and monthly pet rent
  • Protection from breed and size restrictions
  • The right to request reasonable accommodation
  • Protection from housing discrimination based on your need for an ESA
  • Right to file complaints with South Carolina Human Affairs Commission
  • Applicable to rental properties throughout South Carolina
  • Protection in all major South Carolina cities and coastal areas
  • Right to confidential handling of disability information
  • Protection from retaliation for asserting your rights

Requesting Accommodation in South Carolina

To exercise your ESA housing rights in South Carolina, you must follow proper procedures:

1. Obtain a Legitimate ESA Letter

Get a valid ESA letter from a South Carolina-licensed mental health professional.

2. Submit Written Request

Provide your landlord with a written reasonable accommodation request along with your ESA letter.

3. Allow Verification

Landlords may verify the legitimacy of your ESA letter with the issuing professional.

4. Know Your Enforcement Options

If denied, you can file a complaint with the South Carolina Human Affairs Commission within one year.

South Carolina-Specific Procedure

South Carolina law requires landlords to engage in an "interactive process" to determine reasonable accommodations. They cannot simply deny your request without discussion. The South Carolina Human Affairs Commission provides mediation services to help resolve disputes before formal complaints are necessary.

Can Landlords Deny an ESA in South Carolina?

Understanding when landlords can legally refuse accommodation requests

Limited Circumstances for ESA Denial

South Carolina landlords can only deny an ESA accommodation request in specific, limited circumstances. Blanket denials of ESAs are illegal under both federal and state law.

Valid Reasons for Denial

  • The animal poses a direct threat to health or safety of others
  • The animal would cause substantial physical damage to property
  • The accommodation would create undue financial burden
  • The accommodation would fundamentally alter the nature of the housing
  • Documentation is insufficient or fraudulent
  • Owner lives in a building with 4 or fewer units and owner-occupies one
  • The specific animal has a documented history of dangerous behavior
  • The animal is not house-trained or controlled by the owner
  • Request is made after move-in without proper documentation

Invalid Reasons for Denial

  • Breed or size restrictions
  • Pet policies or no-pet rules
  • Landlord's personal preferences or fears
  • Other tenants' allergies or fears (unless severe)
  • Insurance restrictions (landlord must seek alternatives)
  • Building rules prohibiting pets
  • Local regulations in South Carolina cities
  • Additional security deposit requirements
  • Concerns about noise or disruption without evidence
  • Requirement for special insurance policies

Important Note on South Carolina Protections

South Carolina law provides strong protections against breed discrimination for ESAs. Landlords cannot deny an ESA based solely on breed. They must have specific evidence that the individual animal poses a direct threat. This protection applies even to breeds commonly restricted by insurance companies or local ordinances in South Carolina cities like Charleston, Columbia, or Greenville.

South Carolina Landlord Responsibilities for ESAs

Understanding what landlords must do to comply with South Carolina ESA laws

Legal Obligations of South Carolina Landlords

South Carolina landlords have specific legal responsibilities when it comes to emotional support animals. These obligations are enforced by the South Carolina Human Affairs Commission under both state and federal law.

Mandatory Responsibilities

  • Accept legitimate ESA letters from South Carolina-licensed professionals
  • Make reasonable accommodations for ESA owners
  • Waive all pet-related fees and deposits
  • Ignore breed and size restrictions for ESAs
  • Engage in interactive process with tenants
  • Maintain confidentiality about tenant's disability
  • Comply with both Fair Housing Act and SC Fair Housing Law
  • Update housing policies to reflect ESA rights
  • Provide written responses to accommodation requests
  • Train staff on ESA legal requirements

Prohibited Actions

  • Charging pet fees, deposits, or rent for ESAs
  • Applying pet policies to emotional support animals
  • Requiring special insurance for ESAs
  • Asking for detailed medical information beyond the ESA letter
  • Retaliating against tenants for requesting accommodation
  • Advertising "no pets" without ESA exception
  • Discriminating based on breed in violation of federal and state law
  • Requiring additional documentation beyond legitimate ESA letter
  • Making unreasonable demands for animal behavior guarantees
  • Disclosing tenant's disability status to others

South Carolina Human Affairs Commission Enforcement

The South Carolina Human Affairs Commission actively enforces ESA protections under both federal and state law. Landlords who violate these laws can face significant penalties, including compensatory damages, civil penalties up to $50,000, attorney's fees, and mandatory training requirements. Tenants have one year from the date of discrimination to file a complaint with the commission, which offers mediation services to resolve disputes.

Who Qualifies for an ESA Letter in South Carolina

Understanding the eligibility criteria for emotional support animal documentation

Medical Qualifications

To qualify for an ESA letter in South Carolina, you must have a diagnosed mental or emotional disability recognized in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5). The disability must substantially limit one or more major life activities.

Common qualifying conditions in South Carolina include:

  • Major depressive disorder
  • Generalized anxiety disorder
  • Panic disorder
  • Post-traumatic stress disorder (PTSD)
  • Bipolar disorder
  • Social anxiety disorder
  • Obsessive-compulsive disorder (OCD)
  • Specific phobias
  • Adjustment disorders
  • Seasonal affective disorder
  • Eating disorders
  • Attention-deficit/hyperactivity disorder (ADHD)
  • Autism spectrum disorder
  • Other mental/emotional disabilities that substantially limit major life activities

Professional Evaluation Requirements

You must be evaluated by a licensed mental health professional authorized to practice in South Carolina. The professional must determine that:

  • You have a recognized mental/emotional disability
  • The disability substantially limits one or more major life activities
  • An emotional support animal would provide therapeutic benefit for your condition
  • The ESA is part of your ongoing treatment plan
  • You have an established patient-provider relationship
  • The professional is licensed to practice in South Carolina
  • The evaluation is current and relevant

Valid Mental Health Professionals in South Carolina

Licensed psychologists, psychiatrists, licensed clinical social workers (LCSWs), licensed professional counselors (LPCs), marriage and family therapists (LMFTs), psychiatric nurses, and other mental health professionals licensed by the South Carolina Board of Examiners in Psychology, South Carolina Board of Social Work Examiners, or South Carolina Board of Licensed Professional Counselors.

How to Get a Legitimate ESA Letter in South Carolina

The proper process for obtaining valid ESA documentation

Legitimate Path to an ESA Letter

1

Find a Licensed Professional

Locate a South Carolina-licensed mental health professional who can evaluate your need for an ESA.

2

Schedule Evaluation

Book an appointment for a mental health evaluation, which can be conducted in-person or via telehealth.

3

Complete Assessment

Undergo a thorough evaluation of your mental/emotional health and disability-related needs.

4

Receive Valid Letter

If qualified, obtain a properly formatted ESA letter with all required South Carolina licensing information.

Start Your Online ESA Evaluation in South Carolina

Connect with South Carolina-licensed mental health professionals from the comfort of your home. Begin your confidential assessment today and get a legitimate ESA letter that complies with both federal and South Carolina housing laws.

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Avoid ESA Scams in South Carolina

Beware of online services offering instant ESA certifications, registrations, or identification cards. These are not legitimate and South Carolina landlords are not required to accept them. Only letters from licensed South Carolina mental health professionals carry legal weight for housing accommodations under South Carolina law. The South Carolina Human Affairs Commission warns against these fraudulent services.

South Carolina ESA Letter Requirements

Essential components of a valid emotional support animal letter

Required Elements of a Valid South Carolina ESA Letter

Element Required Description
Professional Letterhead Yes Must be on the mental health professional's official letterhead
License Information Yes South Carolina license number and type must be included
Professional Signature Yes Must be signed by the licensed professional
Date of Issuance Yes Current date showing when the letter was issued
Disability Statement Yes Must state that you have a mental/emotional disability recognized in DSM-5
ESA Recommendation Yes Must recommend the emotional support animal for therapeutic benefit
Professional Contact Yes Professional's contact information must be provided
SC Jurisdiction Yes Must indicate the professional is licensed to practice in South Carolina
Patient Relationship Yes Should indicate an established patient-provider relationship

Do ESAs Need Registration in South Carolina?

Understanding registration requirements and legitimate documentation

No Registration Requirement

There is no official registration, certification, or database for emotional support animals in South Carolina. Any website claiming to "register" or "certify" your ESA is not providing legitimate documentation under South Carolina law.

Important facts about ESA registration in South Carolina:

  • No South Carolina or federal ESA registry exists
  • Registration websites are private businesses, not government agencies
  • Landlords are not required to accept registration certificates
  • Only a letter from a licensed professional is valid documentation
  • South Carolina law recognizes ESA letters only, not registrations
  • The South Carolina Human Affairs Commission does not require registration
  • Registration certificates have no legal standing in South Carolina
  • Legitimate services provide letters, not registrations

Identification Cards & Vests

While identification cards, vests, or tags for ESAs are available for purchase online, they are not legally required in South Carolina and do not substitute for a legitimate ESA letter.

Regarding ESA identification in South Carolina:

  • IDs and vests are optional accessories only
  • They don't provide legal rights or protections
  • Some owners find them helpful for identifying their animal as an ESA
  • They should never be presented as proof of ESA status without a valid letter
  • Landlords can legally require a valid ESA letter regardless of ID cards
  • South Carolina landlords may request legitimate documentation only
  • Identification items don't satisfy legal documentation requirements
  • They may be helpful for personal identification purposes only

Remember: The only legitimate documentation for an ESA in South Carolina is a letter from a licensed mental health professional. Everything else is optional and carries no legal weight under South Carolina law. The South Carolina Human Affairs Commission specifically warns against relying on registration certificates or identification cards alone.

ESA vs Service Animals in South Carolina

Understanding the legal differences and rights for each type of assistance animal

Aspect Emotional Support Animal (ESA) Service Animal (South Carolina)
Legal Definition Provides emotional comfort for a person with a mental/emotional disability Trained to perform specific tasks for a person with a disability
Training Required No specialized training required Extensively trained to perform work or tasks
Legal Protection Fair Housing Act & SC Fair Housing Law (housing only) ADA & South Carolina Code § 43-33-10 et seq. (public access & housing)
Documentation ESA letter from licensed professional required for housing No documentation required under ADA or South Carolina law
Public Access Rights No public access rights in South Carolina Full public access rights under ADA & South Carolina law
Housing Rights Protected under FHA and SC Fair Housing Law with documentation Protected under FHA, ADA, and SC law without documentation
Air Travel Rights Not required by law (airline discretion) Required by Air Carrier Access Act
South Carolina Specific Protections Protected under SC Fair Housing Law with documentation Protected under SC Code § 43-33-10 et seq. for public access
Business Access No right to enter businesses, restaurants, or stores Full access to businesses, restaurants, and public spaces

No-Pet Housing Policies and ESA Exceptions in South Carolina

Understanding how ESA rights interact with landlord pet restrictions

ESAs and No-Pet Policies

Yes, emotional support animals must be allowed in rentals with "no pet" policies in South Carolina. This is a fundamental protection under both the Fair Housing Act and South Carolina Fair Housing Law.

Legal Protection Overrides Pet Policies

The Fair Housing Act and South Carolina Fair Housing Law require landlords to make reasonable accommodations for individuals with disabilities. Allowing an ESA in a no-pet property is considered a reasonable accommodation when supported by proper documentation from a licensed mental health professional. This applies statewide, including in cities with strict pet regulations like Charleston and Myrtle Beach.

How to Approach a No-Pet Rental in South Carolina

1. Obtain Your ESA Letter First

Get your legitimate ESA letter before applying for housing or inform your landlord if you already have one.

2. Submit Request in Writing

Provide your landlord with a written reasonable accommodation request along with your ESA letter.

3. Understand Your Rights

Know that landlords cannot legally deny your ESA based on a no-pet policy alone if you have proper documentation.

4. Know Enforcement Options

If denied, you can file a complaint with the South Carolina Human Affairs Commission within one year.

South Carolina Coastal Considerations

In coastal areas like Hilton Head, Myrtle Beach, and Charleston, many rental properties have strict no-pet policies due to vacation rental concerns. However, these policies must still accommodate legitimate ESAs under both federal and South Carolina law. Landlords cannot charge additional fees or deposits for ESAs in these areas either.

ESA Fees, Deposits, and Pet Rent Rules in South Carolina

Understanding what costs landlords can and cannot charge for ESAs

Financial Protections for ESA Owners

Prohibited Charges

Landlords cannot charge any fees specifically for an emotional support animal under both federal and South Carolina law. This includes:

  • Pet deposits or security deposits for the ESA
  • Monthly pet rent or additional monthly fees
  • One-time pet fees or move-in fees for the ESA
  • Non-refundable pet deposits
  • Cleaning fees specifically for the ESA
  • Additional insurance fees for the ESA
  • Breed-specific fees or restrictions
  • Application fees for ESA processing
  • Any fees labeled as "pet" fees for ESAs

Allowed Financial Responsibilities

While you cannot be charged fees for your ESA, you are still responsible for:

  • Damage caused by your ESA beyond normal wear and tear
  • Standard security deposits (not pet-specific)
  • Any costs if your ESA causes damage to another tenant's property
  • Veterinary care and general maintenance of your ESA
  • Local South Carolina pet licensing requirements (if applicable)
  • Any violations of lease terms not related to the ESA
  • Routine maintenance and care of your ESA
  • Costs associated with your ESA's behavior if it causes disturbances

Important Distinction

While you cannot be charged pet fees for your ESA, you remain responsible for any actual damage caused by your animal. Landlords can deduct repair costs from your standard security deposit, just as they would for any tenant-caused damage. South Carolina law follows federal guidelines prohibiting any fees specifically labeled as "pet" fees for ESAs under both the Fair Housing Act and South Carolina Fair Housing Law. The South Carolina Human Affairs Commission actively investigates complaints about illegal pet fees for ESAs.

Common ESA Scams to Avoid in South Carolina

Recognizing and avoiding fraudulent ESA documentation services

Red Flags and Scam Indicators

Warning: These Are Not Legitimate

Be extremely cautious of any ESA service that offers instant approval, registration databases, or certification without a proper evaluation by a licensed mental health professional. South Carolina landlords are not required to accept these fraudulent documents under South Carolina law, and the South Carolina Human Affairs Commission warns against them.

Common ESA Scams in South Carolina

  • Instant ESA certification websites
  • Online ESA registration databases
  • ESA identification cards without a letter
  • ESA "licenses" or "certificates"
  • Services that don't require speaking to a licensed professional
  • Guaranteed approval without evaluation
  • ESA kits with vests, tags, and certificates only
  • Services using out-of-state professionals not licensed in South Carolina
  • South Carolina-specific "registration" services
  • Services offering "doctor's notes" without mental health evaluation
  • Websites claiming government affiliation

Legitimate ESA Services in South Carolina

  • Evaluation by South Carolina-licensed mental health professional
  • Telehealth or in-person consultations
  • Proper ESA letter on professional letterhead
  • Includes professional's South Carolina license information
  • Requires actual mental health evaluation
  • No guarantee of approval - based on professional assessment
  • Follows Fair Housing Act and SC Fair Housing Law requirements
  • Provides support for landlord verification
  • Complies with South Carolina professional licensing requirements
  • Maintains patient confidentiality and HIPAA compliance
  • Offers legitimate therapeutic relationship

Why Use a Licensed ESA Provider Serving South Carolina?

Benefits of working with legitimate South Carolina-licensed professionals

Advantages of Legitimate South Carolina ESA Services

Legal Compliance

Legitimate providers ensure your ESA letter meets all South Carolina legal requirements, including proper licensing information and compliance with both the Fair Housing Act and South Carolina Fair Housing Law. They understand South Carolina-specific requirements and professional licensing regulations.

Professional Credibility

Letters from South Carolina-licensed professionals carry significantly more weight with landlords and property managers than generic certificates from online registration mills. South Carolina landlords are familiar with legitimate professional letterhead and licensing requirements.

Verification Support

Legitimate providers offer verification support when landlords contact them to confirm the authenticity of your ESA letter. They maintain professional availability for verification calls from South Carolina landlords.

South Carolina-Specific Knowledge

Providers familiar with South Carolina laws understand the specific requirements and protections under both federal housing regulations and South Carolina Fair Housing Law. They know how to navigate issues specific to South Carolina housing markets.

Ongoing Support

Legitimate services provide ongoing support for renewals, landlord disputes, and any changes in South Carolina regulations affecting ESA owners. They stay current with South Carolina Human Affairs Commission guidance and enforcement actions.

Money-Back Guarantee

Reputable providers often offer money-back guarantees if your legitimate ESA letter is not accepted by a South Carolina landlord following proper procedures under South Carolina law. This demonstrates confidence in their service's legitimacy.

Get a Valid South Carolina ESA Letter Today

Don't risk your housing rights with fraudulent certificates. Connect with South Carolina-licensed mental health professionals who understand state-specific requirements. Get a legitimate ESA letter that complies with both federal and South Carolina housing laws.

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Frequently Asked Questions About South Carolina ESA Laws

Common questions about emotional support animal regulations in South Carolina

Are emotional support animals protected under South Carolina law? +

Yes, emotional support animals are protected in South Carolina under both federal law (Fair Housing Act) and state law (South Carolina Fair Housing Law). The South Carolina Human Affairs Commission enforces these protections and investigates complaints of discrimination against ESA owners. South Carolina provides some of the strongest state-level ESA protections in the country.

What documentation do I need for an ESA in South Carolina? +

You need a legitimate ESA letter from a licensed mental health professional who is authorized to practice in South Carolina. The letter should be on professional letterhead, include the professional's South Carolina license number, state your need for the emotional support animal, and be current. Online registrations, certifications, or identification cards are not valid documentation under South Carolina law and the South Carolina Human Affairs Commission specifically warns against them.

Can South Carolina landlords charge pet fees for emotional support animals? +

No, under both the Fair Housing Act and South Carolina Fair Housing Law, landlords cannot charge pet deposits, pet fees, or pet rent for legitimate emotional support animals. However, tenants remain responsible for any damage caused by their ESA beyond normal wear and tear. Standard security deposits (not pet-specific) still apply and can be used for damage repairs if needed. The South Carolina Human Affairs Commission actively enforces this prohibition.

Can my landlord deny my ESA based on breed in South Carolina? +

No, breed restrictions do not apply to emotional support animals in South Carolina. Landlords cannot deny an ESA based solely on breed under either federal or state law. They can only deny if the specific animal poses a direct threat to health or safety, or would cause substantial physical damage to property. The landlord must have specific evidence about the individual animal, not generalizations about the breed. This protection applies statewide, including in cities with breed-specific ordinances.

How many emotional support animals can I have in South Carolina? +

There is no specific limit under South Carolina or federal law. You can have multiple emotional support animals if your mental health professional determines that each animal provides a unique therapeutic benefit for your disability. However, landlords may request documentation for each animal and can deny the request if having multiple animals would create an undue burden or fundamentally alter the housing. Each animal requires its own justification in your ESA letter.

Do I need to register my emotional support animal in South Carolina? +

No, there is no official registration, certification, or database for emotional support animals in South Carolina. Any website claiming to "register" or "certify" your ESA is not providing legitimate documentation. The only valid documentation is a letter from a licensed mental health professional. Registration websites are private businesses and their certificates hold no legal weight with South Carolina landlords. The South Carolina Human Affairs Commission specifically warns against these services.

What should I do if my South Carolina landlord denies my ESA? +

If your South Carolina landlord denies your legitimate ESA request, you should first try to resolve the issue by providing information about your rights under federal and state law. If that doesn't work, you can file a complaint with the South Carolina Human Affairs Commission within one year of the discrimination. The commission investigates complaints, offers mediation services, and can impose penalties on landlords who violate the law. You may also consult with an attorney specializing in disability law or housing discrimination.

Final Thoughts on South Carolina ESA Laws & Housing Rights

Essential points to remember about emotional support animal protections

South Carolina ESA Law Summary

Documentation is Key

A valid ESA letter from a South Carolina-licensed mental health professional is required for housing accommodations. Online certifications and registries are not valid under South Carolina law.

State & Federal Rights

South Carolina provides both federal Fair Housing Act protections and state-level protections through the South Carolina Fair Housing Law, offering strong ESA housing rights.

No Fees Allowed

South Carolina landlords cannot charge pet fees, deposits, or pet rent for emotional support animals under both federal and state law. Breed restrictions also do not apply to ESAs.

Professional Requirement

Only licensed mental health professionals authorized to practice in South Carolina can issue valid ESA letters for South Carolina residents.

Limited Public Access

ESAs do not have public access rights in South Carolina. Protections apply primarily to housing, not businesses, restaurants, or other public spaces.

Strong Enforcement

The South Carolina Human Affairs Commission actively enforces ESA protections and investigates complaints of discrimination against ESA owners throughout South Carolina.

Protect Your Housing Rights in South Carolina

Don't risk housing discrimination or unnecessary pet fees. Get a legitimate ESA letter from South Carolina-licensed professionals and secure your housing rights under both federal and state law.

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