2.

Attachment: Proposed Tenant Bill of Rights and Responsibilities Ordinance (8428 : Tenant’s Bill of Rights and Responsibilities)
ORDINANCE NO.: 2023-043

Amending the 1998 Code of Ordinances of the City of Columbia, South Carolina, Chapter 5,
Buildings and Buildings Regulations, Article VIII, Rental Housing Regulations to add Section 5-
344 Tenant’s Bill of Rights and Responsibilities

WHEREAS, City Council finds that there is a growing demand for affordable rental units;
and

WHEREAS, the availability of safe and affordable rental housing is an essential

component of a vital community; and

WHEREAS, City Council finds that protecting residential tenants from unfair and illegal
rental practices is important to this vital community; and

WHEREAS, City Council wishes to adopt a Tenant’s Bill of Rights and Responsibilities
in order to increase awareness and provide guidance to tenants regarding the availability of
community resources, therefore

BE IT ORDAINED by the Mayor and City Council of the City of Columbia, South
Carolina this ___ day of ______________, 2023, that the 1998 Code of Ordinances of the City
of Columbia, South Carolina, Chapter 5 is hereby amended by adding Section 5-344 to Article
VIII to read as follows:

Sec. 5-344. Tenant’s Bill of Rights and Responsibilities; Notice.

(a) It shall be unlawful for a Person or Landlord to allow a Tenant to apply to rent, or in
instances where no application is required, to occupy, a Dwelling Unit under said Person’s
or Landlord’s control or authority without first providing the Tenant with a copy of the
Notice of Rights and Responsibilities as provided for herein.

(b) For existing Tenants already occupying a Dwelling Unit as of the date of enactment of
this Section, the Notice of Rights and Responsibilities shall be provided prior to the
commencement of a new rental term. For Tenants with rental terms of 30 days or less, the
Notice of Rights and Responsibilities shall be provided prior to initial commencement of the
rental term and thereafter no less than once per year. Notices are not required for short term
rentals with non-recurring rental terms of 30 days or less, as may be defined in this Code.

(c) City Council shall prescribe the contents of the Notice of Rights and Responsibilities by
resolution, but it shall generally include information on Tenants’ rights under state and local
law and contact information for organizations available to provide assistance to Tenants.

(d) There shall be a rebuttable presumption that a Person or Landlord has complied with
this Section if the Person or Landlord can provide a written, dated and signed affirmation Formatted: Font: 5 pt, No underline
from the Tenant stating that the Tenant has received the Notice of Rights and
Formatted: Font: 5 pt

Last revised: 3/21/2023

23016305

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Attachment: Proposed Tenant Bill of Rights and Responsibilities Ordinance (8428 : Tenant’s Bill of Rights and Responsibilities)
Responsibilities. The signed affirmation shall be retained for at least one year after the
Tenant vacates the Dwelling Unit.

(e) No penalties shall be assessed for conduct violating this Section occurring prior to [insert
effective date].

(f) For a Person or Landlord’s first violation of this Section, the City of Columbia’s Code
Enforcement division shall have the discretion to provide a reasonable time period, not to
exceed 30 days, within which the Person or Landlord must correct the violation.

(g) This Section does not create any private causes of action and may only be enforced as
provided herein.

(h) For Persons or Landlords owning or managing more than 25 dwelling units, the Notice
required by this Section shall be posted in a conspicuous location within each dwelling unit
in addition to the copy provided in person.

Requested by:

Councilman McDowell ____ ________________________________

Mayor
Approved by:

_________________________________
City Manager

Approved as to form: ATTEST:

_________________________________ ________________________________
Deputy City Attorney City Clerk

Introduced:
Final Reading:

Formatted: Font: 5 pt, No underline

Formatted: Font: 5 pt

Last revised: 3/21/2023

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Pursuant to City of Columbia Ordinance 2023-XXX, landlords and other lessors of dwelling units
over which the South Carolina Residential Landlord and Tenant Act applies are required to
distribute this Notice to persons applying to rent or prior to occupation of such dwelling unit
located within the City of Columbia. This Notice is not intended to provide legal advice but
merely a general overview of tenant’s rights and resources.

KNOW THE LANDLORD AND TENANT ACT may be able to report it. Certain issues, such as
lack of utilities can be reported to the City of
Although written is recommended, tenants in
Columbia Housing Official at 803-545-4362.
SC can have either a written or oral lease
agreement. Prior to entering into a lease,

Attachment: Landlord Tenant Notice (8428 : Tenant’s Bill of Rights and Responsibilities)
tenants should be familiar with their
RETALIATION IS ILLEGAL
responsibilities and with their rights under the
South Carolina Residential Landlord and Tenant A landlord cannot retaliate by raising the rent,
Act, found at S.C. Code Section 27-40-10 et seq.. decreasing essential services or evicting a
tenant based solely on a tenant’s complaint to a
governmental agency charged with enforcing a
BE AWARE OF YOUR RIGHTS AS TENANTS building or housing code. S.C. Code Section 27-
40-910.
Just as landlords have certain requirements and
restrictions, such as providing a safe and clear
premises, tenants have responsibilities under SC
YOU HAVE THE RIGHT TO CHALLENGE AN
law and their lease agreements to pay rent,
UNLAWFUL EVICTION OR ACTION
keep the unit clean and not disturb the peace.
If your landlord is violating your lease
agreement, you have the right to seek relief
ALL RESIDENTIAL UNITS MUST BE FIT FOR through the Courts. If you cannot afford an
HABITATION attorney, there may be local legal services
agencies you may be able to help you. Legal
A landlord must comply with applicable building
Assistance Telephone Intake Service at 1-803-
and housing codes materially affecting health
744-9430.
and safety; make all repairs and do what is
reasonably necessary to put and keep the
premises in a fit and habitable condition; keep
RESOURCES
all common areas reasonably safe; make and
keep running water and reasonable heat; LawLine – https://www.scbar.org/public/get-
maintain in reasonably good and safe working legal-help/common-legal-topics/.
order and condition all electrical, gas, plumbing,
sanitary, heating, ventilating, air conditioning U.S. Department of Housing and Urban
and other facilities and appliances that are Development –
supplied or required to be supplied by landlord. www.hud.gov/states/south_carolina/renting/te
S.C. Code Section 27-40-440. nantrights

If there is an issue with your dwelling unit for

which you are not responsible under your lease I/WE __________________________________
agreement, contact your landlord as set forth in CONFIRM THAT I/WE HAVE RECEIVED A COPY
your agreement. If your landlord does not OF THIS TENANT BILL OF RIGHTS NOTICE ON
address the issue within a reasonable time, you ____________________________ (DATE).

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