Is Source of Income Discrimination Illegal for South Dakota Renters?

Many aspiring or current renters in South Dakota rely on diverse sources of income to pay for their homes—whether it’s a job, disability payments, Social Security, or vouchers like Section 8. But is it legal for landlords in South Dakota to deny applications or refuse to rent based solely on how you pay your rent? Understanding these laws can help renters know their rights and find the right steps if they feel they have been treated unfairly.

What Is Source of Income Discrimination?

"Source of income discrimination" happens when a landlord refuses to rent to, or treats a renter unfairly, because of how they pay their rent instead of who they are. This often affects renters using government assistance such as Section 8 Housing Choice Vouchers, Social Security, child support, or other legal sources.

Does South Dakota Ban Source of Income Discrimination?

As of this year, South Dakota does not have a state law that prohibits landlords from discriminating against renters based on their source of income. This means landlords in South Dakota are generally free to reject applicants who plan to use housing vouchers or other non-wage income sources.

• Landlords may refuse a renter who pays with Section 8 or similar assistance.
• There is no statewide protection for renters using Social Security, disability benefits, or child support as their main rent payment source.

Some cities or counties elsewhere in the U.S. have local rules protecting renters from this type of discrimination, but South Dakota currently has no local or state bans in place.^[1]

What Discrimination Is Illegal Under South Dakota Law?

While "source of income" is not protected, landlords still cannot discriminate against renters based on:

• Race
• Color
• Religion
• Sex
• National origin
• Familial status (including children or pregnancy)
• Disability

These protections come from the federal Fair Housing Act and are enforced in South Dakota through the South Dakota Department of Labor and Regulation, Division of Human Rights.

What Can Renters Do If They Experience Discrimination?

If you’re denied housing or treated unfairly for a reason protected under fair housing laws—such as race, disability, or family status—you can file a complaint. But if the only reason is your source of income, South Dakota law does not protect you as of now.^[2]

How to File a Housing Discrimination Complaint in South Dakota

If you believe you were discriminated against for something covered by state or federal law (not source of income), you can take action:

• Contact the South Dakota Division of Human Rights
• Use HUD’s federal process at HUD’s Fair Housing Complaint process

Official Forms for Filing a Fair Housing Complaint

• South Dakota Division of Human Rights Employment / Housing Discrimination Complaint Form (no official form number)
  • When/How Used: If you think you were denied a rental due to a protected class (like race, disability, or family status), fill this form to start an investigation.
  • Access the South Dakota Housing Discrimination Complaint Form
• HUD Housing Discrimination Complaint Form (Form 903)
  • When/How Used: Use this form if you wish to file with the U.S. Department of Housing and Urban Development. Especially helpful if the discrimination may violate federal fair housing law.
  • Download HUD Form 903 (Housing Discrimination Complaint)

Who Handles Rental Disputes in South Dakota?

South Dakota does not have a special housing tribunal, but most rental disputes—including discrimination claims—are handled by the South Dakota Department of Labor and Regulation, Division of Human Rights. For eviction or general landlord-tenant matters, cases may go through South Dakota’s Unified Judicial System (Small Claims Court).

Relevant Legislation for Renters

Your rights and responsibilities as a renter in South Dakota are established in state law, mainly under South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant.^[3] These do not currently mention source of income as a protected class, but they do provide rules about leases, security deposits, repairs, and eviction process.

FAQs: Source of Income and Fair Housing in South Dakota

1. Is it legal for a landlord in South Dakota to reject me because I use Section 8?
   Yes, South Dakota landlords may legally refuse to rent to someone because of their use of Section 8 or another voucher. The state does not ban this type of discrimination.
2. Are any cities or towns in South Dakota protecting renters from source of income discrimination?
   No, as of the latest information, there are no local ordinances in South Dakota giving protection for source of income discrimination.
3. What protections do South Dakota renters have against discrimination?
   Renters are protected from discrimination based on race, color, religion, sex, national origin, familial status, and disability under state and federal law.
4. Where can I file a complaint if I’m discriminated against for a protected class?
   You can file with the South Dakota Division of Human Rights or the U.S. Department of Housing and Urban Development (HUD).
5. Does my landlord have to accept income like child support or Social Security as proof that I can pay rent?
   No, unless your income is from a source protected under fair housing laws (e.g., disability benefits with a discrimination claim), landlords are not required by South Dakota law to consider these income sources.

Need Help? Resources for Renters in South Dakota

• South Dakota Division of Human Rights – For discrimination complaints, information, and forms
• South Dakota Unified Judicial System – To learn about small claims or landlord-tenant court actions
• HUD: Fair Housing and Equal Opportunity – More on federal tenant protections
• South Dakota Department of Labor and Regulation – General housing information

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1. South Dakota statutes do not list source of income as a protected class in state fair housing law.
2. Fair Housing Act – Overview from U.S. Department of Justice.
3. Landlord-tenant laws are in South Dakota Codified Laws Chapter 43-32.

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