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H 3233

Landlord liability

2025-2026 Regular Session Introduced by Wendell Gilliard

Landlords of multifamily buildings must install and maintain video, security, and fire alarm systems, monitor them, and share footage with law enforcement and tenants, or risk liab

Scrivener's error corrected
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Bill Summary · H 3233

Summary — H 3233: Landlord liability (proposed Section 27-40-435, S.C. Code)

Status: Scrivener’s error corrected (02/05/2025). Introduced/Prefiled: 12/05/2024–01/14/2025. Sponsor: Gilliard (primary). Referred to Judiciary (01/14/2025); additional procedural entries include referral and scheduling updates; hearing scheduled/rescheduled for 10/17/2025. Effective date: upon approval by the Governor (if enacted).

Note: the supplied packet includes unrelated Massachusetts vehicle tax language (House No. 3233/Sabadosa). The summary below focuses on the South Carolina landlord-liability provisions (Section 27-40-435) that appear to be the operative substance of H 3233 as provided.

Purpose / Intent

To impose a statutory duty on landlords to provide specified security measures for tenants of multifamily dwellings and to create potential landlord liability where the landlord is negligent in performing that duty and such negligence proximately causes tenant damages from third‑party criminal activity.

Key provisions

  • Creates Section 27-40-435 in Article 3, Chapter 40, Title 27 of the S.C. Code.
  • Duty and liability (subsection A): A landlord owes tenants a duty to provide security in and around leased premises to protect tenants from criminal acts by third parties; if the landlord is negligent in performing this duty, the landlord may be liable for damages proximately caused to the tenant by such criminal activities.
  • Required security measures (subsection B):
    1. Landlord must equip any multifamily dwelling they lease or rent with a security system that includes video monitoring, security, and fire alarm systems.
    2. Landlord must ensure proper operation of these systems via a security monitoring service.
    3. Landlord must provide any video recordings made by the system to law enforcement and to a tenant as needed in investigating criminal activity on the premises.
  • Definition (subsection C): “Multifamily dwelling” means a structure that includes four or more single‑family residences, per Section 27-40-210(14).
  • Effective upon Governor’s approval.

Who is affected

  • Landlords/owners/operators of multifamily residential properties (4+ units) in South Carolina.
  • Tenants of those properties, who would receive statutory protections and potential remedies.
  • Law enforcement (access to video evidence).
  • Security system vendors and monitoring services (increased demand).
  • Insurers (possible liability/coverage implications).

Potential impacts

  • Increased compliance costs for landlords to install and monitor video, security, and fire alarm systems and to maintain records.
  • Potential new liability exposure for landlords judged negligent in implementing or operating required security measures; could increase landlord litigation and insurance claims.
  • Improved ability for tenants and law enforcement to investigate crimes via mandated video access.
  • Smaller landlords or owners of older buildings may face disproportionate financial burden to retrofit properties.

Procedural / timeline notes

  • Prefiled 12/05/2024; introduced and read first time 01/14/2025; referred to Judiciary 01/14/2025.
  • Scrivener’s error corrected 02/05/2025.
  • Further actions list a referral to Revenue and a Senate concurrence entry dated 02/27/2025 and hearing scheduling/rescheduling for 10/17/2025. (The procedural record appears to include mixed entries; confirm current committee status and hearing times with the legislature’s docket for the authoritative timeline.)

If you want, I can:
- Draft a one‑page explainer for landlords outlining compliance steps and estimated costs;
- Compare this proposal to existing South Carolina case law on landlord duties; or
- Identify potential fiscal impacts and likely issues for judicial interpretation.

Compiled from official sources — confirm details with the bill’s official record.

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