South Carolina General Assembly
125th Session, 2023-2024
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Indicates Matter Stricken
Indicates New Matter
H. 4158
STATUS INFORMATION
General Bill
Sponsors: Reps. Pendarvis, M.M. Smith, Bauer, King, Henderson-Myers, Gilliard and Rivers
Document Path: LC-0245SA23.docx
Introduced in the House on March 15, 2023
Currently residing in the House
HISTORY OF LEGISLATIVE ACTIONS
Date | Body | Action Description with journal page number |
---|---|---|
3/15/2023 | House | Introduced and read first time (House Journal-page 9) |
3/15/2023 | House | Referred to Committee on Judiciary (House Journal-page 9) |
2/14/2024 | House | Member(s) request name added as sponsor: Bauer |
2/28/2024 | House | Member(s) request name added as sponsor: King |
2/28/2024 | House | Committee report: Favorable with amendment Judiciary (House Journal-page 11) |
2/29/2024 | House | Member(s) request name added as sponsor: Henderson-Myers |
3/1/2024 | Scrivener's error corrected | |
3/5/2024 | House | Member(s) request name added as sponsor: Gilliard |
3/6/2024 | House | Member(s) request name added as sponsor: Rivers |
3/6/2024 | House | Requests for debate-Rep(s). Rutherford, Calhoon, Bernstein, Pendarvis, Dillard, Robbins, Weeks, Wheeler, McCabe, Murphy, Gibson, JL Johnson, Rivers, Hosey, Davis, BL Cox, Cromer, Thayer, Chapman (House Journal-page 51) |
3/13/2024 | Scrivener's error corrected |
View the latest legislative information at the website
VERSIONS OF THIS BILL
03/15/2023
02/28/2024
03/01/2024
03/13/2024
Committee Report
February 28, 2024
 
H. 4158
 
Introduced by Reps. Pendarvis, M. M. Smith, Bauer and King
 
S. Printed 02/28/24--H.                                                                  [SEC 3/13/2024 1:57 PM]
Read the first time March 15, 2023
 
________
 
The committee on House Judiciary
To whom was referred a Bill (H. 4158) to amend the South Carolina Code of Laws by adding Section 27-40-350 so as to provide that residential tenants who are victims of certain domestic violence may terminate, etc., respectfully
Report:
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
 
    Amend the bill, as and if amended, SECTION 1, by striking Section 27-40-350 and inserting:
    Section 27-40-350. (A) If a residential tenant is a protected tenant, the tenant may:
       (1) terminate the protected tenant's obligations under a rental agreement within sixty days of the date of the documented qualifying incident; and
       (2) not be held liable for penalties or fees that might otherwise be imposed for the termination of the protected tenant's obligations under a rental agreement within sixty days of the documented qualifying incident.
    (B) A protected tenant shall provide the landlord with written notice of the intent to terminate the protected tenant's obligations under a rental agreement within sixty days after the documented qualifying incident and is entitled to remain at the residence for at least thirty days following the submission of the notice to the landlord. The protected tenant is still responsible for paying rent and other amounts owed, other than any fees imposed for early termination of the rental agreement, during the thirty days before the termination of the protected tenant's obligations under a rental agreement.
    (C) The protected tenant's obligations as a tenant must continue through the effective date of the termination. Any cotenants on the lease with the protected tenant shall remain responsible for the rent for the balance of the term of the rental agreement. If the perpetrator is the remaining sole tenant obligated on the rental agreement, the landlord may terminate the rental agreement with five days' written notice and collect actual damages for such termination against the perpetrator.
    (D) A landlord:
       (1) may not require or force the protected tenant to vacate the residence before the expiration of the thirty days authorized by this section, but may enter into an agreement with the protected tenant to terminate the protected tenant's obligations under a rental agreement earlier than what is required pursuant to this section; and
       (2) is entitled to all remedies available arising from the destruction or damage of the rental unit caused by the protected tenant or permitted by the protected tenant while on the premises with the protected tenant's permission.
    (E) A landlord may not take any retaliatory action against a protected tenant in response to the early termination of the protected tenant's obligations under a rental agreement pursuant to this section.
    (F) A landlord may not terminate a tenancy, fail to renew a tenancy, refuse to enter into a rental agreement, or otherwise retaliate in the rental of a dwelling based substantially on:
       (1) the tenant, applicant, or a household member's status as a protected tenant; or
       (2) the tenant or applicant having terminated a rental agreement under Section 27-40-350.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X.  Section 27-40-210 of the S.C. Code is amended by adding:
(19) "protected tenant" means a tenant or household member who is a victim of a qualifying incident.
(20) "qualifying incident" means domestic abuse or violence as defined by Chapter 4 of Title 20 or Chapter 25 of Title 16 wherein both the victim and the perpetrator are leaseholders on the same property and the domestic abuse or violence is documented by law enforcement, court, or other federal or state agency records or files.
 
Renumber sections to conform.
Amend title to conform.
 
W. NEWTON for Committee.
 
________
 
 
 
 
 
 
 
 
 
A bill
 
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 27-40-350 SO AS TO PROVIDE THAT RESIDENTIAL TENANTS WHO ARE VICTIMS OF CERTAIN DOMESTIC VIOLENCE MAY TERMINATE A RENTAL AGREEMENT AND TO PROVIDE FOR NECESSARY REQUIREMENTS.
 
Be it enacted by the General Assembly of the State of South Carolina:
 
SECTION 1.  Article 1, Subarticle IV, Chapter 40, Title 27 of the S.C. Code is amended by adding:
 
    Section 27-40-350. (A) If a residential tenant is a victim of domestic violence, dating violence, sexual assault, stalking, or other criminal sexual assault, the tenant may:
       (1) terminate the tenant's obligations under a rental agreement within sixty days of the date of the documented incident of domestic violence, dating violence, sexual assault, or stalking due to safety issues. Accepted documentation includes a police report, letter from a domestic violence agency, under penalty of perjury, conviction order, or a restraining order; and
       (2) not be held liable for penalties or fees that might otherwise be imposed for the termination of the tenant's obligations under a rental agreement within sixty days of the documented incident of domestic violence, dating violence, sexual assault, or stalking due to safety issues;
    (B) A tenant shall provide the landlord with written notice of the intent to terminate the tenant's obligations under a rental agreement within sixty days after the documented incident and is entitled to remain at the residence for at least sixty days following the submission of the notice to the landlord. The tenant is still responsible for paying rent and other amounts owed, other than any fees imposed for early termination of the rental agreement, during the sixty days before the termination of the tenant's obligations under a rental agreement.
    (C) The victim's obligations as a tenant must continue through the effective date of the termination. Any cotenants on the lease with the victim shall remain responsible for the rent for the balance of the term of the rental agreement. If the perpetrator is the remaining sole tenant obligated on the rental agreement, the landlord may terminate the rental agreement and collect actual damages for such termination against the perpetrator.
    (D) A landlord:
       (1) may not require or force the victim to vacate the residence before the expiration of the sixty days authorized by this sect