Fair Housing Testing & Enforcement in South Dakota

Understanding and asserting your fair housing rights as a renter in South Dakota starts with knowing where to turn when discrimination is suspected. Whether you believe you've been unfairly denied a rental, charged different rent, or otherwise treated differently because of your protected class status, state and federal laws are on your side. This article guides South Dakota renters on how fair housing is tested and enforced, and where to get help.

What Is Fair Housing Testing?

Fair housing testing is an investigative technique used to uncover illegal housing discrimination. Agencies send trained testers to act as prospective renters, comparing how landlords respond to applicants of different backgrounds (such as race, national origin, religion, disability, or family status). Disparities in treatment can signal potential violations of the federal Fair Housing Act or South Dakota Human Rights Act¹.

Agencies Handling Fair Housing Testing and Enforcement in South Dakota

South Dakota renters have several key agencies and offices that support equal access to housing and help enforce fair housing laws:

• U.S. Department of Housing and Urban Development (HUD) - Office of Fair Housing & Equal Opportunity: Accepts complaints, investigates, and refers cases to local agencies when appropriate. Learn about HUD's role here.
• South Dakota Department of Labor and Regulation - Human Rights Division: Investigates housing discrimination based on the categories protected under state law. File a complaint directly with the division. Visit the Human Rights Division.
• Local Public Housing Agencies (PHAs): Can offer information and may connect renters with enforcement or advocacy resources. Find a list of South Dakota PHAs here.

How to File a Fair Housing Complaint in South Dakota

If you suspect housing discrimination, filing a complaint is the first step. Both federal and state agencies accept complaints and will investigate your case at no cost to you.

Official Forms and How to Use Them

• Housing Discrimination Complaint Form (HUD Form 903.1)
  • When to Use: Use this form if you believe you’ve experienced unlawful discrimination by a landlord, property manager, or other housing provider.
  • How It's Used: Complete the form online, by mail, or by phone. You’ll describe what happened, who was involved, and provide any supporting evidence. This process triggers an official investigation.
  • Access the HUD Complaint Form Online
• South Dakota Human Rights Division Discrimination Complaint Form
  • When to Use: If you want the state to investigate, use the South Dakota form for discrimination in housing under the Human Rights Act.
  • How It's Used: Fill out the state complaint form (PDF) and send it to the Human Rights Division. You must provide as many details as possible to help their review.
  • Download the South Dakota Complaint Form

Where Are Tenant Cases Handled in South Dakota?

While there isn't a specialized landlord-tenant board in South Dakota, discrimination claims are handled by the South Dakota Department of Labor and Regulation – Human Rights Division. For general landlord-tenant disputes, small claims courts or circuit courts serve as the main forums. Learn about courts in your area on the Unified Judicial System website.

Relevant Tenancy Legislation in South Dakota

Your rights are primarily protected under:

• South Dakota Codified Laws Title 43 (Landlord & Tenant)
• South Dakota Human Rights Act (SDCL 20-13)
• Federal Fair Housing Act

These laws prohibit discrimination and outline your rights and remedies.

FAQs: South Dakota Fair Housing Testing & Enforcement

1. What are common signs of housing discrimination?
   Examples include different rental terms for people with children, refusing reasonable accommodations for disabilities, or stating a preference for certain tenants in advertisements.
2. Is fair housing testing legal in South Dakota?
   Yes. Testing is an approved investigative method used by state and federal agencies to identify discrimination.
3. How quickly should I file a complaint after experiencing discrimination?
   It's best to file as soon as possible; under federal law, you generally have one year from the date of the incident.
4. Do I need proof to file a complaint?
   You don't need extensive evidence to file, but providing documentation, witnesses, or details increases the likelihood of a successful investigation.

Conclusion: Key Takeaways for South Dakota Renters

• Both state and federal law protect renters from housing discrimination in South Dakota.
• If you believe your rights are violated, you can file a complaint with HUD or the South Dakota Human Rights Division using official forms.
• Tenant disputes about discrimination go to the Human Rights Division, and general landlord-tenant disputes go to your local court system.

Knowing where to turn ensures your rights are respected and protected in South Dakota’s rental market.

Need Help? Resources for Renters

• South Dakota Department of Labor and Regulation – Human Rights Division: (605) 773-4493
• U.S. Department of Housing and Urban Development (HUD) Fair Housing Complaints
• Legal Help and Information: LawHelp South Dakota
• South Dakota Unified Judicial System: Small Claims and Circuit Courts

---

1. South Dakota Department of Labor and Regulation – Human Rights Division, SDCL 20-13 Human Rights Act
2. U.S. Department of Housing and Urban Development – Fair Housing & Equal Opportunity
3. South Dakota Codified Laws Title 43 (Landlord and Tenant)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations