Filing a Housing Discrimination Complaint in South Dakota

Facing discrimination in your rental housing situation can be stressful and confusing. If you are a renter in South Dakota and believe you have been treated unfairly due to your race, color, national origin, religion, sex, disability, or familial status, you are protected by state and federal fair housing laws. This guide will walk you through your rights and the process for reporting housing discrimination in South Dakota, using simple language and providing official resources every step of the way.

Your Rights Under South Dakota and Federal Fair Housing Laws

Federal law, under the Fair Housing Act, and South Dakota law, through the South Dakota Codified Laws Chapter 20-13, prohibit discrimination in housing based on:

• Race or color
• National origin
• Religion
• Sex
• Disability (physical or mental)
• Familial status (having children under 18, pregnancy)

Landlords, property managers, and real estate agents cannot refuse to rent, set different terms, or otherwise treat you unfairly for any of these reasons.

Where to File a Housing Discrimination Complaint in South Dakota

In South Dakota, the South Dakota Division of Human Rights (DHR) is the main state agency that handles housing discrimination complaints. Alternatively, you can also file complaints with the U.S. Department of Housing and Urban Development (HUD).

Official Complaint Forms You Can Use

• South Dakota Human Rights Discrimination Complaint Form
  Download the Housing Complaint Form (PDF)
  • When to use: If you believe you have experienced discrimination in rental housing in South Dakota, use this form to start a complaint with the state's Division of Human Rights.
  • Example: If your landlord refused to rent to you because of your disability, you would complete this form detailing the incident and send it to the DHR.
• HUD Housing Discrimination Complaint Form (Form 903)
  Download HUD Form 903 (PDF)
  • When to use: Use this federal form to file a complaint directly with HUD if you think your situation is covered by federal fair housing laws, especially if you want federal investigation.
  • Example: If your rental listing was withdrawn after you disclosed your race or another protected status, you may file this form with HUD online, by mail, or email.

How to File Your Complaint: Steps for Renters

The process for filing a housing discrimination complaint in South Dakota is straightforward, but attention to detail will help your case move faster. Here are the main steps you should take:

• Gather documentation: Write down what happened, keeping notes on dates, names, and what was said or done. Save any texts, emails, or letters.
• Submit your complaint: File either with the South Dakota Division of Human Rights or HUD using their official forms. You can mail, fax, email, or hand deliver the completed form to the state office.
• Wait for contact: A DHR or HUD investigator will reach out for more information or clarification. Respond promptly to keep your complaint moving forward.
• Participate in an investigation: The state or HUD may try to resolve your issue through mediation or may conduct a formal investigation, letting you know the results in writing.

Tip: Keep all documentation, including a copy of your complaint and any responses from your landlord or the agency. This could be important if you need further legal action or support.

What Happens After You File?

Once you file your complaint, the agency will investigate the situation. You may be asked for more details or given a chance to mediate the dispute with your landlord. If the investigation finds discrimination, remedies can include requiring the landlord to end unlawful practices, possible compensation, or other relief.

Relevant South Dakota Rental Law

Discrimination complaints in South Dakota are governed by the South Dakota Codified Laws Chapter 20-13 (Human Relations Act). This law outlines protected classes and the complaint process for renters statewide.

Frequently Asked Questions

1. What types of discrimination are illegal for landlords in South Dakota?
   Landlords cannot discriminate based on race, color, national origin, religion, sex, disability, or familial status. State and federal laws protect these classes.
2. How long do I have to file a complaint after discrimination happens?
   You typically have 180 days from the date of the alleged discrimination to file a complaint with the South Dakota Division of Human Rights, or up to one year for some federal complaints.
3. What evidence should I include with my complaint?
   Include as much evidence as possible—emails, text messages, photos, witness statements, and notes about what happened. This supports your case during investigation.
4. Can I be evicted for filing a discrimination complaint?
   No, it is illegal for a landlord to retaliate against you for asserting your rights, including filing a discrimination complaint.
5. Is there any cost to file a housing discrimination complaint?
   No, there is no cost to file a housing discrimination complaint with the South Dakota Division of Human Rights or HUD.

Key Takeaways for South Dakota Renters

• Federal and state laws protect renters from discrimination in all aspects of housing.
• Filing a complaint is an accessible process, with official forms and support from the South Dakota Division of Human Rights and HUD.
• Keep clear records—documentation helps support your complaint and protects your rights throughout the process.

Need Help? Resources for Renters

• South Dakota Division of Human Rights: Main state agency for filing residential discrimination complaints. Phone: (605) 773-4493 | Complaint Form
• HUD Office of Fair Housing and Equal Opportunity: Guides and federal complaint process.
• U.S. Department of Justice Fair Housing: Information on your national rights and protections.
• South Dakota Human Relations Act (SDCL 20-13): Read the full text of the state anti-discrimination law.

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1. Fair Housing Act - federal law overview
2. South Dakota Codified Laws Chapter 20-13: Human Relations Act
3. South Dakota Division of Human Rights - official agency
4. HUD Housing Discrimination Complaint Process - official guide

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