Accessibility Modification Costs for South Dakota Renters

Renters in South Dakota who have a disability or accessibility need often wonder who is responsible for making and paying for modifications in rental units. Understanding your rights, state and federal laws, and practical steps can help you ensure you have safe access to your home while maintaining a positive relationship with your landlord.

Understanding Accessibility Modifications and Disability Rights

Accessibility modifications are physical changes to a rental unit that help tenants with disabilities use and enjoy their homes. Examples include adding ramps, widening doorways, or installing grab bars. Both federal and South Dakota laws offer protections for renters with disabilities:

• Fair Housing Act (FHA): Prohibits discrimination against renters with disabilities and allows them to request reasonable modifications.
• South Dakota Codified Laws (SDCL) 20-13-23: Aligns with federal protections, prohibiting discrimination based on disability in housing.

Reasonable modifications can be essential for renters with mobility, vision, or other impairments that affect daily living.

Who Pays for Modifications in a South Dakota Rental?

Most often, South Dakota renters with disabilities are responsible for the cost of reasonable modifications to their rental unit. However, certain rules apply to protect both tenants and landlords:

• Tenant Responsibility: Tenants usually pay for modifications like grab bars or ramps unless the property receives federal financial assistance. (Federally assisted housing may have different requirements under Section 504 of the Rehabilitation Act.)
• Landlord Agreement: Renters must obtain the landlord's written approval before making changes. Approval cannot be "unreasonably withheld." Landlords may require modifications to be performed professionally and to code.
• Restoration: At move-out, the landlord may require the tenant to restore the property to its original condition—except for modifications not easily removed (like widened doors).

Federal law also states that if a homeowner's association or a building has rules prohibiting specific changes, those rules generally cannot override the Fair Housing Act's reasonable modification provision.

Steps to Request an Accessibility Modification

If you need accommodations or changes to your rental unit, follow these action steps:

• Make a written request to your landlord, explaining the modification and how it relates to your disability.
• Attach a recommendation from a medical professional if possible (optional but helpful).
• Negotiate the details, such as restoration and licensed contractors.
• Document everything in writing and keep copies for your records.

Official Forms and How to Use Them

• Reasonable Accommodation or Modification Request Form (No state-specific form, but many housing agencies and the HUD Joint Statement provide templates.)
  Use this type of form to formally ask your landlord for a modification. For example, if you need a ramp installed, you would fill out the form describing the change, rationale, and whether you'll restore the property later. See HUD Reasonable Modification Guidelines for sample forms and advice.

South Dakota does not require a particular state-approved form. Check with your property manager or local Division of Rehabilitation Services if you need additional documentation templates.

Restoration Costs and Security Deposits

Landlords in South Dakota may, as part of granting approval, require you to deposit funds into an escrow account to ensure modifications will be removed at move-out. However, they cannot charge higher security deposits broadly because of a disability.

Where to Get Help: Filing Complaints and Seeking Resolutions

If your landlord rejects a reasonable modification request without justification or treats you unfairly due to a disability, you can file a complaint:

• South Dakota Division of Human Rights: Handles housing discrimination complaints under state law.
• U.S. Department of Housing and Urban Development (HUD): Accepts and investigates complaints about housing providers throughout the state.

Neither South Dakota nor most cities have a distinct "residential tenancy tribunal." Legal disputes usually go through local courts, but discrimination and modification matters are addressed by the South Dakota Division of Human Rights and HUD.

FAQ: Accessibility Modification Costs in South Dakota Rentals

1. Can my landlord charge me extra for having a disability or for requesting modifications?
   No, your landlord cannot charge higher rent or deposits due to a disability. However, you may be asked to pay for the cost of the actual modifications or an escrow for restoration.
2. What if my landlord refuses my modification request?
   If you believe the modification is reasonable and necessary, you can file a complaint with the South Dakota Division of Human Rights or HUD for housing discrimination investigation.
3. Does this apply to all rental housing in South Dakota?
   Almost all residential housing is covered by the Fair Housing Act. Exceptions exist for some owner-occupied buildings with four or fewer units and private clubs.
4. Can I be required to pay to restore the unit when I move out?
   Yes, you may be asked to pay to restore the unit to its original condition, except for modifications that are not reasonable to remove (like widened doorways).
5. Is my landlord required to pay for accessibility modifications if the building receives federal funds?
   If your rental receives federal financial assistance, your landlord may be required to pay for or help fund modifications under Section 504 of the Rehabilitation Act.

Conclusion: Key Takeaways

• Renters are generally responsible for paying for accessibility modifications in South Dakota, with key exceptions for federally assisted housing.
• Always get landlord approval, use clear documentation, and clarify restoration terms in writing.
• If you face discrimination, contact the South Dakota Division of Human Rights or HUD for support and to file a complaint.

Need Help? Resources for Renters

• South Dakota Division of Human Rights: For housing discrimination help, complaints, and answers to rights questions.
• HUD Modification Resource Page: Federal policy, sample forms, and guidance for renters with disabilities.
• South Dakota Division of Rehabilitation Services: Support and information on accessibility or accommodation needs.
• South Dakota Fair Housing Laws (SDCL 20-13): State legislation covering rental and disability rights.

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1. Fair Housing Amendments Act of 1988
2. South Dakota Codified Laws, Chapter 20-13 (Fair Housing)
3. HUD Reasonable Modification Guidelines

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