Bill
H 3346
South Carolina Rent Control Act would cap residential rent increases by requiring advance notice and limiting increases to 7% plus CPI within a 12‑month period, with certain exempt
Status snapshot
- Bill number: H 3346 (South Carolina)
- Short title: South Carolina Rent Control Act
- Adds Section 27‑39‑370 to Article 3, Chapter 39, Title 27 of the S.C. Code
- Prefiled: 12/05/2024; introduced 01/14/2025
- Sponsor addition: Member Clyburn (01/29/2025)
- Key actions: Referred to committees (Labor, Commerce & Industry; State Administration & Regulatory Oversight); hearing scheduled 04/09/2025; reported favorably by committee and referred to House Ways & Means (07/03/2025)
- Effectiveness: Upon approval by the Governor
Purpose and intent
- To restrict the timing and amount of residential rent increases in South Carolina by establishing notice requirements, a ceiling on annual increases, limited exceptions, and a private remedy for tenants when landlords violate the limits.
Key provisions (what the law would do)
- Scope: Applies to residential tenancies (the text addresses “tenancy” types; not explicitly carving out commercial or other nonresidential uses).
- Week‑to‑week tenancies: Landlords must give written notice at least 7 days before an increase takes effect.
- Other tenancies (month‑to‑month, fixed‑term renewals, etc.):
- No rent increase during the first year of tenancy.
- After the first year, landlords must give at least 90 days’ written notice before an increase takes effect.
- Within any 12‑month period, an increase may not exceed 7% plus the Consumer Price Index (CPI) above the existing rent, except as allowed by exemptions (see below).
- Notice content: Required written notice must state the amount of the increase, the new rent amount, the effective date, and—if relying on an exemption that allows an increase above the cap—facts supporting that exemption.
- Limitation on “reset” after termination: A landlord who terminates a tenancy with a 30‑day notice during the tenant’s first year may not set the rent for the subsequent tenancy higher than 7% plus CPI above the prior rent.
- Exemptions from the percentage cap:
1. Units whose first certificate of occupancy was issued less than 15 years before the rent‑increase notice (i.e., newer housing is exempt).
2. Landlords providing reduced rent as part of a federal, state, or local program or subsidy.
- Enforcement and remedies: A landlord who increases rent in violation of the percentage cap or the “reset” restriction (subsections (B)(3) or (D)) is liable to the tenant for an amount equal to three months’ rent plus actual damages.
- Definition of CPI: “Consumer price index” is defined as the annual 12‑month average change in the Consumer Price Index, Southeast Region, as published by the U.S. Department of Labor (BLS) in September of the prior calendar year.
Who is affected
- Tenants in South Carolina residential rental units gain statutory protections from immediate or large rent increases, and a private civil remedy for violations.
- Landlords/owners of residential rental property are subject to the new notice, timing, and cap rules unless explicitly exempted (newer units <15 years old or certain subsidized programs).
- Local housing markets, affordable housing policy, and landlord business planning could be affected depending on compliance costs, administrative and legal risk, and how strictly the caps are followed.
Additional notes and considerations
- The bill focuses on rent increases and does not otherwise address eviction procedures, rent control registration, or rent stabilization programs beyond the caps and notices described.
- The 7% + CPI annual cap uses a fixed formula tied to the Southeast U.S. CPI measure published each September, which will change year‑to‑year with inflation.
- The three‑month rent statutory damage remedy may incentivize tenant claims and landlord compliance or litigation.
- The bill’s exemptions for newer construction (15 years) and subsidized reduced rents aim to limit impact on new housing development and public‑assisted housing, but the practical effects on supply and rental markets would depend on implementation and broader market conditions.
Compiled from official sources — confirm details with the bill’s official record.
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