Public Housing and Evictions

What is Public Housing?

When a Housing Authority (HA) owns and manages your housing.

Grounds for Eviction

In general, you may be evicted for the following reasons:

• Failure to pay rent
• Failure to report income
• Failure to report who lives in the house
• Failure to accept a new lease after a change to the lease is offered
• Involvement in drug-related activity
• Involvement in other criminal activity by you or someone under your control
• Abuse of alcohol
• Failure to keep your home clean
• Failure to pay for damage you are responsible for
• Failure to dispose of trash properly

Notice of Eviction

The HA must give you written notice that your lease is being terminated. The notice will tell you how many days until your lease ends. The notice must state: (1) the exact reason for the termination; (2) that you have the right to respond to the HA; (3) that you have a right to look at any documents the HA will use to evict you; and (4) that you have a right to a grievance hearing with the HA (or the reason you do not have a right to a grievance hearing). Within 10 days of receiving the notice, tell the HA that you want an informal meeting. You should contact an attorney or South Carolina Legal Services.

Informal Meetings

At an informal meeting, the HA explains the reason your lease is being terminated. You have the opportunity to explain your side and to have someone speak for you. The HA will notify you in writing of their decision and the reasons for the decision. If you are not satisfied with the decision, you can ask for a grievance hearing. You must ask for a grievance hearing in writing soon after the informal meeting.

Grievance Hearings

You have a right to a fair hearing in front of a hearing officer. Before the hearing, ask to see any documents the HA intends to show to the hearing officer. If the HA does not let you see a document, they cannot use it at the hearing. You have the right to have an attorney or some other representative speak for you. You have the right to state why your lease should not be terminated and to ask the HA questions. The hearing officer will send you a written decision along with an explanation.

Termination of Lease/Eviction

The only way the HA can evict you is by going to court. If the hearing officer decides your lease should be terminated, the HA will ask the court to evict you, and you will receive a Rule to Vacate or Show Cause.

Eviction Process

You must be personally served with a Rule to Vacate or Show Cause. The court can mail you a copy only if they have tried to personally serve you and posted it on your door two times. If you are served with a Rule to Vacate or Show Cause, call an attorney or South Carolina Legal Services immediately. You have 10 days from the date you receive the Rule to contact the court. If you do not contact the court, you can be evicted at the end of the 10 days. If you contact the court and tell them you should not be evicted, a hearing will be scheduled before a judge. If you want a jury trial, you must ask for it in writing immediately. If the judge evicts you, you have 5 days to ask for a new hearing and 30 days to appeal the judge's decision, but you must do so before being put out of the home. Otherwise, you must leave your home when the order says, usually between 24 hours and 5 days.

Appeal Process

If you want to appeal the judge’s decision, ask the court for a "Notice of Civil Appeal" form. You will have to continue to pay rent during the appeal. You will not be evicted until the appeal is heard by the circuit court, unless you fail to pay the rent as ordered.

AS A RESIDENT OF PUBLIC HOUSING, YOU HAVE RIGHTS AND PROTECTIONS UNDER UNITED STATES FEDERAL LAW.