LGBTQ+ Renters’ Fair Housing Rights in South Dakota

Many renters in South Dakota want to know if they’re protected from housing discrimination based on sexual orientation or gender identity. Whether you’re searching for an apartment, facing a rent increase, or worried about unfair treatment, understanding your rights can help you stay safe and secure in your home. This article explains South Dakota’s laws, federal protections, and steps you can take if you believe you’ve experienced discrimination.

What Housing Protections Exist for LGBTQ+ Renters in South Dakota?

South Dakota state law does not currently include sexual orientation or gender identity as protected characteristics in housing discrimination laws. However, federal protections apply. The federal Fair Housing Act prohibits discrimination on the basis of sex, and current guidance from the U.S. Department of Housing and Urban Development (HUD) interprets this to include sexual orientation and gender identity under "sex" discrimination.^[1]

Protections Under the Federal Fair Housing Act

• Landlords cannot refuse to rent, set different terms, or harass a renter because of sexual orientation or gender identity.
• Retaliation against you for asserting your fair housing rights is illegal.
• These protections apply to most rental housing and housing-related services, including advertising and applications.

South Dakota does not have its own fair housing agency; complaints are usually handled through HUD.

How to File a Housing Discrimination Complaint

If you believe you have experienced discrimination as an LGBTQ+ renter, you can file a complaint with HUD or begin the process online. The process is confidential and free of charge.

Official Forms and How to Use Them

• Housing Discrimination Complaint Form (HUD Form 903.1):
  • When to use: If you believe you’ve been discriminated against in renting, applying for housing, or during your tenancy.
  • How to use: Complete the form with your details, the rental property address, and a description of what happened. Submit it online or mail it to HUD as directed on the form.
  • File a complaint online via the HUD website
  • Access the HUD Form 903.1 (PDF)

Example: If your landlord refuses to rent to you because you identify as transgender, fill out and submit the HUD 903.1 form to start an investigation.

Tribunal and Tenant-Landlord Authority

South Dakota does not have a specialized tenant tribunal, but renters may seek remedies through the civil court system for landlord-tenant disputes. Housing discrimination complaints are handled by the U.S. Department of Housing and Urban Development (HUD). You can contact HUD’s regional office for South Dakota for further assistance:

• South Dakota HUD Field Office

Relevant Legislation for Renters’ Rights

• South Dakota Codified Laws Chapter 43-32 – Landlord and Tenant: Covers rental agreements, landlord and tenant duties, and eviction procedures.^[2]
• Federal Fair Housing Act (Title VIII of the Civil Rights Act): Applies to discrimination issues including sexual orientation and gender identity.^[1]

While South Dakota law lacks explicit statewide protection, federal law ensures LGBTQ+ renters in the state have fair housing rights that are legally enforceable.

Frequently Asked Questions

1. Are there any state-level protections for LGBTQ+ renters in South Dakota?
   South Dakota law does not explicitly protect renters based on sexual orientation or gender identity. Your main protections come from the federal Fair Housing Act.
2. What should I do if a landlord refuses to rent to me because I am LGBTQ+?
   You can file a complaint with HUD using the Housing Discrimination Complaint Form (HUD Form 903.1) online or by mail.
3. Is there a fee for filing a housing discrimination complaint?
   No, there is no fee for filing a HUD housing discrimination complaint.
4. Can my landlord evict me for reporting discrimination?
   No. Retaliation for asserting your rights or filing a complaint is prohibited under federal law.
5. How long do I have to file a complaint?
   You generally have one year from the date of the alleged discrimination to file a complaint with HUD.

Conclusion: Key Takeaways

• LGBTQ+ renters in South Dakota are protected from housing discrimination under federal law, even though state law does not specifically mention these protections.
• If you face discrimination, you can file a complaint with HUD at no cost and without needing legal expertise.
• Record-keeping is important: Save all related documents and communications.

Understanding your fair housing rights as an LGBTQ+ renter gives you the knowledge to take action and seek support if you experience unfair treatment.

Need Help? Resources for Renters

• HUD – Housing Discrimination Complaint Process
• HUD South Dakota State Information
• South Dakota Landlord and Tenant Rights & Duties (PDF) – South Dakota Department of Labor and Regulation
• Contact the HUD Regional Office Serving South Dakota

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1. HUD. "Fair Housing and Equal Opportunity: Title VIII of the Civil Rights Act of 1968 (Fair Housing Act)." Read the official HUD summary here.
2. South Dakota Codified Laws. Chapter 43-32 – Landlord and Tenant. View South Dakota landlord-tenant law here.

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