Illegal Rental Advertisement Language in South Dakota

Searching for a rental home in South Dakota? Understanding your rights is essential, especially when it comes to fair housing. Both renters and landlords must follow strict rules about the words used in rental advertisements. These laws prevent discrimination and ensure fair access to housing for everyone. This article explains what language is banned in South Dakota rental ads, which protections cover you, and where to seek help if you suspect discrimination. We’ll use plain language, cite official resources, and include steps for action where needed.

Fair Housing Law and Rental Advertising in South Dakota

Rental advertisements in South Dakota are governed by the federal Fair Housing Act and relevant state laws. These laws make it illegal for housing providers to publish ads or statements that show a preference, limitation, or discrimination based on certain protected characteristics.

Protected Classes Under Federal and State Law

Under the federal Fair Housing Act and South Dakota Codified Laws Chapter 20-13, it is illegal to discriminate or show preference in housing based on:

• Race or color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status (having children under 18 or pregnancy)
• Disability

This means rental ads cannot suggest that a property is only available to, or preferred for, people (or not available to people) based on any of these characteristics.

What Language Is Illegal in South Dakota Rental Ads?

Ad language is illegal if it:

• Directly refers to a protected class (e.g., “No children,” “Christians only,” “Ideal for singles,” “Able-bodied tenants only”)
• Suggests a preference, limit, or bias regarding any protected class, even indirectly (e.g., “English-speaking required,” “Not suitable for families,” “Perfect for young professionals”)
• Excludes service animals or reasonable accommodations for disabilities (e.g., “No pets” applied to service animals)

If you notice a rental ad using this kind of language, it may violate South Dakota and federal law.

Examples of Potentially Discriminatory Advertisement Language

• “Adults only” or “No kids” – Excludes families with children, which is illegal discrimination based on familial status.
• “Christian neighborhood” or “Prefer Christians” – Shows religious preference, which is illegal.
• “No wheelchairs” or “Must be able to climb stairs” – Discriminates based on disability.
• “No Section 8” – Excluding those on federal assistance is sometimes covered by local law, but not specifically by South Dakota’s statewide law. Still, be cautious.

If you’re unsure about ad language, refer to guidance from the U.S. Department of Housing and Urban Development’s advertising rules and the South Dakota Division of Human Rights.

Steps to Take If You See Illegal Language in Rental Ads

If you suspect a rental advertisement in South Dakota is using illegal, discriminatory language, you can:

• Document the ad (save, print, photograph, or copy the text)
• File a complaint with the South Dakota Division of Human Rights
• File a federal complaint via the U.S. Department of Housing and Urban Development (HUD)

Relevant Official Forms and How to Use Them

• South Dakota Housing Discrimination Complaint Form
  • When to use: Use this form if you believe you have experienced discrimination due to ad language or other fair housing issues in South Dakota.
  • How to file: Complete the form (paper or online), attach your evidence, and submit to the South Dakota Division of Human Rights.
  • Link: Discrimination Complaint Form (PDF)
• Federal HUD Housing Discrimination Complaint Form (Form 903)
  • When to use: If you believe the ad violates federal fair housing law, you can file this form with HUD.
  • How to file: Submit online or by mail with the ad and a description of the incident.
  • Link: HUD Online Complaint Form

Both agencies can investigate allegations and, if necessary, can refer cases for further legal action or hearing.

Which Tribunal Handles Housing Discrimination in South Dakota?

For rental discrimination claims, including cases involving illegal advertisement language, the South Dakota Division of Human Rights is the main state tribunal handling housing rights. They enforce state fair housing regulations and guide renters and landlords through the process.

South Dakota Tenancy Legislation

The main tenancy and anti-discrimination statutes are found in South Dakota Codified Laws Chapter 20-13. This legislation covers the rights of renters and landlords when it comes to fair access to housing and advertising rules.

1. Is it illegal for a rental ad in South Dakota to say 'no children'? Yes. Advertisements excluding children suggest discrimination based on familial status, which is illegal under state and federal law.
2. What should I do if I see discriminatory language in a rental listing? Save evidence of the ad and file a complaint with the South Dakota Division of Human Rights or HUD. Links to forms are above in this article.
3. Does fair housing law protect against ads that exclude people with disabilities? Yes. Excluding or limiting people based on disability—such as stating 'no wheelchairs'—is illegal. The law also requires reasonable accommodations.
4. Are 'no pets' ads illegal in South Dakota? Usually not, unless the ad excludes service animals or emotional support animals for a person with a disability. Landlords must allow service animals under fair housing laws.
5. Who investigates rental discrimination complaints in South Dakota? The South Dakota Division of Human Rights. You may also file with HUD for federal investigation.

Key Takeaways

• Rental ads in South Dakota must not use language that shows preference or discrimination based on protected characteristics.
• Both the South Dakota Division of Human Rights and HUD take complaints about discriminatory advertising seriously.
• Always keep records and use the official forms and links when filing a complaint.

Need Help? Resources for Renters

• South Dakota Division of Human Rights (State Tribunal): Investigates housing discrimination complaints statewide.
• Filing a Housing Discrimination Complaint: Detailed state information and complaint process.
• U.S. Department of Housing and Urban Development (HUD) – Fair Housing and Equal Opportunity: National-level protections and complaint links.
• LawHelp – Find Legal Aid in South Dakota: Free legal assistance and advocacy resources for tenants.

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1. Federal Fair Housing Act
2. South Dakota Codified Laws Chapter 20-13
3. South Dakota Division of Human Rights
4. HUD Rules on Fair Housing Advertising

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