Disability Parking Rights for South Dakota Renters

Accessible parking can be crucial for renters with disabilities in South Dakota. Knowing your legal rights—as well as practical steps to secure reasonable parking accommodations—can make daily life easier and support your independence. This guide explains your protections under the law, how to request modifications, and where to find help if you need it.

Your Right to Accessible Parking: South Dakota Law and Federal Protections

Tenants with disabilities are protected by both state and federal laws. In South Dakota, these protections are rooted in the South Dakota Codified Laws Chapter 20-13, which prohibit discrimination in housing, and federal law under the Fair Housing Act (FHA). These laws require landlords to make reasonable accommodations for renters with disabilities, including parking modifications when necessary.

• Reasonable accommodation means a landlord may need to: provide a reserved accessible parking space, allow installation of accessibility signage, or modify parking policies for a tenant's needs.
• Reasonableness depends on whether the request would create an undue financial or administrative burden for the landlord.

How to Request a Parking Accommodation

The process is straightforward, but taking proactive steps can help ensure a smooth experience:

• 1. Make your request in writing. Describe the parking change you need and explain how it's linked to your disability.
• 2. Attach documentation. If your disability is not obvious, you may provide a note from your healthcare provider explaining the need.
• 3. Submit to your landlord. Use certified mail or request a written acknowledgment if possible.

There is no official South Dakota state form for this purpose, but you can use a general "Reasonable Accommodation Request" letter. Download sample templates from the HUD Reasonable Accommodation Guidelines for reference.

Official Complaint Forms and When to Use Them

If your landlord denies your parking accommodation request or retaliates against you, you have options to seek help:

• South Dakota Division of Human Rights – Housing Discrimination Complaint Form
• Download Complaint Form
• When to use: Submit if you believe your landlord has discriminated against you based on your disability (e.g., refusing your parking request).
• How to file: Complete the form and submit it by mail, email, or in person to the South Dakota Division of Human Rights. Find instructions at their official complaint page.

Which Agency Handles Tenant-Landlord Cases?

In South Dakota, the Division of Human Rights is the main government office that investigates discrimination complaints related to disability accommodations in rental housing. They review claims under state law (SDCL 20-13) and the federal Fair Housing Act.

Key Steps: Securing an Accessible Parking Spot

• Identify the specific change you need (e.g., reserved space near your unit).
• Prepare your request in writing with details and any necessary medical documentation.
• Send your request to your landlord and keep all correspondence.
• If denied, contact the Division of Human Rights or HUD for help.

It often helps to advocate for yourself calmly and document all interactions with your landlord.

"A reasonable accommodation can include changes to parking rules, assignment of a reserved spot, or allowing modifications. Federal and state law give you the right to request these—don't hesitate to ask."

Relevant Laws Protecting Disabled Tenants

• Fair Housing Act (FHA) – Section 804(f)(3)(B)
• South Dakota Codified Laws Chapter 20-13 – Human Rights Law

These laws ensure that landlords cannot deny reasonable requests for parking accommodations unless it would cause substantial difficulty or expense.

Frequently Asked Questions

1. Can my landlord charge me extra for a designated accessible parking space?
   Landlords in South Dakota may not charge additional fees for providing a reasonable accommodation, including a designated accessible parking space.
2. Do I have to share details about my disability with my landlord?
   You only need to confirm (with documentation, if necessary) that you have a qualifying disability and show why the accommodation is needed—not your full diagnosis.
3. What if my landlord refuses to provide an accessible parking spot?
   If your request is denied, you can file a complaint with the South Dakota Division of Human Rights or with HUD. See the 'How to Request a Parking Accommodation' section above for steps and official forms.
4. Is street parking covered by these laws?
   Reasonable accommodation rules generally apply to parking spaces on the rental property, not public or municipal street parking.
5. Can I request more than one change (e.g. wider space or closer spot)?
   Yes, as long as your requests are related to your verified needs and considered 'reasonable' under the law.

Key Takeaways

• State and federal laws protect your right to accessible parking where you rent.
• You must request accommodations in writing and provide documentation if requested.
• If denied, file a complaint with the Division of Human Rights using their official form for support.

Advocating for yourself and keeping clear records is the best way to ensure your rights are respected.

Need Help? Resources for Renters

• South Dakota Division of Human Rights – File discrimination complaints, get forms and learn about your rights.
• Housing Discrimination Complaint Form – Use this to formally report a denial of accommodation.
• HUD Fair Housing Complaint Process – Federal help for renters facing discrimination.
• Contact the Division of Human Rights – Phone: (605) 773-4493 | Email: humanrights@state.sd.us

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1. Fair Housing Act, 42 U.S.C. § 3604
2. South Dakota Codified Laws Chapter 20-13, Human Rights Law
3. South Dakota Division of Human Rights – Landlord/Tenant Discrimination

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