A property management company in Charleston, South Carolina manages a 50-unit apartment complex. The manager tells a prospective tenant who uses a wheelchair that the complex does not accommodate 'special needs' and refuses to process her application. The tenant files a complaint with the South Carolina Human Affairs Commission. Under SC's fair housing law, which protected class is most directly at issue?
Correct Answer
A) Disability
Disability is a protected class under both the federal Fair Housing Act (as amended in 1988) and South Carolina's state fair housing law (S.C. Code Ann. §§ 31-21-10 et seq.). A person who uses a wheelchair has a physical impairment that substantially limits a major life activity, meeting the definition of disability under fair housing law. Refusing to process her application because of her disability is a direct violation. Additionally, the landlord may have an obligation to allow reasonable modifications and accommodations.
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