Filing a Disability Discrimination Complaint as a Renter in South Dakota

If you are a renter in South Dakota and feel that your landlord or property manager discriminated against you because of a disability, you have rights and options. State and federal laws protect renters from discrimination and provide a clear process to file a complaint.

Understanding Disability Discrimination in Housing

Disability discrimination in housing means treating a renter unfairly based on a physical or mental limitation. This can include refusing to rent to you, making unreasonable demands, denying reasonable accommodations, or harassing you because of your disability.

• The federal Fair Housing Act and the South Dakota Human Relations Act (SDCL 20-13) protect renters with disabilities from discrimination.
• You are entitled to reasonable accommodations. For example, a landlord must allow service animals, or install a ramp if needed.

Your Rights as a Renter with a Disability in South Dakota

South Dakota law and federal law make it illegal for landlords to:

• Refuse to rent, renew, or negotiate with you based on your disability
• Deny you housing-related services or amenities because of your disability
• Fail to make reasonable changes to rules, policies, or practices (known as reasonable accommodations or reasonable modifications)

The South Dakota Division of Human Rights handles housing discrimination complaints in the state.

How to File a Disability Discrimination Complaint

If you believe you’ve been discriminated against, you can file a complaint with the South Dakota Division of Human Rights or the U.S. Department of Housing and Urban Development (HUD). It’s important to file your complaint within one year (12 months) of the alleged discrimination.

Official Forms for Filing a Complaint

• South Dakota Housing Discrimination Complaint Form
  - When to Use: If you think your landlord or property manager discriminated against you because of your disability.
  - How to Use: Complete and submit this form to the South Dakota Division of Human Rights. For example, if your landlord has ignored your request to install a ramp or denied your request for a service animal, use this form to file your complaint.
  - Download the South Dakota Housing Discrimination Complaint Form (PDF)
• HUD Housing Discrimination Complaint Form (Form 903)
  - When to Use: If you choose to file your complaint at the federal level, or if you want HUD to investigate directly.
  - How to Use: Submit online, by mail, email, or phone. HUD investigates complaints of discrimination under the federal Fair Housing Act.
  - File a Fair Housing Complaint with HUD

Filing Process with the South Dakota Division of Human Rights

When submitting your complaint in South Dakota:

• Include detailed information about what happened, dates, and any witnesses
• Attach copies of relevant documents (e.g., lease, emails, letters)
• Sign and submit your complaint

Once your complaint is received, the Division will investigate, may attempt mediation, and decide if discrimination occurred. They may order remedies such as requiring the landlord to provide the accommodation, compensation, or other relief as appropriate.

South Dakota's Tribunal for Tenant Landlord Matters

Residential complaints are managed by the South Dakota Division of Human Rights. This is the state agency responsible for enforcing anti-discrimination laws for renters.

What South Dakota Law Says about Disability Accommodation

The South Dakota Human Relations Act (SDCL Chapter 20-13) makes it unlawful to:

• Refuse reasonable accommodations in housing policies for persons with disabilities
• Deny equal access to housing based on physical or mental disability

For additional detail, see the official law text at the South Dakota Legislature’s site.

What Happens After You File a Complaint?

After filing, the Division will:

• Investigate the facts and speak with both parties
• Attempt to resolve the issue through mediation if possible
• If discrimination is found, order correction measures

FAQ: Disability Discrimination Claims for South Dakota Renters

1. Do I need a lawyer to file a disability discrimination complaint?
   You are not required to have a lawyer, but you may seek legal help if you wish. The process is designed so renters can file on their own.
2. How long does it take to resolve a housing discrimination complaint?
   Timing varies, but investigations by the Division of Human Rights usually take several months. Some cases settle sooner if both parties agree.
3. Can my landlord evict me for filing a complaint?
   It is illegal for your landlord to retaliate against you for exercising your fair housing rights, including filing a complaint.
4. What if my landlord refuses a reasonable accommodation?
   If a justified request is denied, you can use the complaint process to seek enforcement and potentially require your landlord to provide the accommodation.
5. What does reasonable accommodation mean?
   It means a landlord must change rules or aspects of the housing (within reason) so a person with a disability can live comfortably, such as allowing a service animal or installing a grab bar.

Key Takeaways for South Dakota Renters

• If you face disability discrimination, you have state and federal protection
• File a complaint with the South Dakota Division of Human Rights using official forms within one year of the incident
• You do not need a lawyer to begin the process, but support is available if you want it

Need Help? Resources for Renters

• South Dakota Division of Human Rights – File complaints, access forms, and get guidance
• South Dakota Housing Discrimination Complaint Form (PDF)
• HUD Fair Housing Complaint Portal – File at the federal level and access general fair housing resources
• Fair Housing Act Resources (U.S. Department of Justice)
• For questions about tenant-landlord law in South Dakota, visit the Division of Human Rights website

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1. South Dakota Human Relations Act (SDCL Chapter 20-13): Official SD Legislature site
2. South Dakota Division of Human Rights: State agency portal
3. U.S. Department of Housing and Urban Development - Fair Housing Complaint: HUD complaint portal
4. Fair Housing Act: U.S. Department of Justice

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