South Dakota New Construction Accessibility Rules for Renters

Finding an accessible place to live matters, especially if you (or someone you live with) has a disability. If you’re renting in South Dakota and considering a newer apartment or rental home, it’s important to understand your rights to accessible housing and the requirements landlords must follow for new construction.

Accessibility Requirements for New Rentals in South Dakota

South Dakota landlords and builders must follow federal rules to ensure many new rental units are usable for people with disabilities. The main federal laws include the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). These laws set standards for accessible apartments, townhomes, and other residential rental properties built after March 13, 1991.^[1]

Which Buildings Must Have Accessible Units?

• Rental buildings with four or more units constructed for first occupancy after March 13, 1991 must meet certain accessibility design and construction standards.
• This often covers apartment complexes, condominiums, and some multi-family townhomes.
• Single-family homes and owner-occupied duplexes typically do not have these requirements.

These standards make sure common areas and a portion of ground-floor units (or all units in elevator buildings) are accessible or easily adaptable for people with disabilities.

What Features Are Required in Accessible Units?

• Accessible entry: At least one accessible entrance on an accessible route.
• Usable common areas: Lobbies, mailboxes, laundry rooms, and other shared spaces must be accessible.
• Doors: All doors must be wide enough to accommodate wheelchairs.
• Accessible routes: Continuous and unobstructed paths into and through units.
• Light switches, outlets, thermostats, and environmental controls within reach range.
• Bathroom and kitchen design: With space for wheelchair maneuvering and reinforcements for grab bars.

For a full list of requirements, visit the U.S. Department of Housing and Urban Development’s Fair Housing accessibility guidelines.

Your Rights to Reasonable Modifications and Accommodations

If your unit or building isn’t fully accessible, you have the right to request reasonable modifications or changes. These could include installing grab bars or lowering counters. In most cases, you’re responsible for paying for changes inside your unit, but in new buildings, many features should already be in place.

How to Request an Accommodation or Modification

• Step 1: Write a formal request to your landlord, explaining which change or accommodation you need and why.
• Step 2: If your landlord refuses or fails to respond, you may file a complaint.

For examples and sample letters, see the U.S. HUD’s Joint Statement on Reasonable Modifications and Joint Statement on Reasonable Accommodations.

Filing a Fair Housing Complaint in South Dakota

If you believe a new rental unit fails to meet accessibility requirements, or if your landlord denies your reasonable request, you can file a complaint with:

• U.S. Department of Housing and Urban Development (HUD): File online using the Fair Housing Discrimination Complaint Form (HUD-903.1) – used when you want to report a Fair Housing Act violation. For example, a renter may use this form if they are denied an accessible apartment or a disability-related accommodation.
• South Dakota Division of Human Rights: File a complaint on their official complaint page. This board administers state fair housing law and investigates discrimination cases.

If you submit a form, the agency will guide you through investigation and resolution steps. For legal emergencies (e.g., an inaccessible exit during an emergency), contact South Dakota’s local building department or city code enforcement office.

Who Handles Rental Housing Disputes in South Dakota?

South Dakota does not have a separate landlord-tenant tribunal, but disputes can be filed in South Dakota Unified Judicial System (State Courts), or investigated by the South Dakota Division of Human Rights for discrimination and accessibility claims.

Relevant Tenancy Legislation

South Dakota’s laws about residential rentals and tenant rights—including accessibility—are set out in the South Dakota Codified Laws Chapter 43-32: Landlord and Tenant. For federally funded housing, Fair Housing Act and the Americans with Disabilities Act also apply.^[2]

Frequently Asked Questions: Accessible Rentals in New Buildings

1. How do I request an accessible modification in my new South Dakota apartment?
   Write a formal request to your landlord stating what you need and why. If your request is denied, you can file a complaint using HUD’s official form or through the South Dakota Division of Human Rights.
2. Are all new apartment units in South Dakota required to be accessible?
   No. Only ground-floor units (or all units in elevator buildings) in new developments with four or more units are required to meet accessibility standards.
3. What official form should I use to file a complaint about lack of accessibility?
   Use the HUD-903.1 Fair Housing Discrimination Complaint Form. This is typically used if you are denied an accessible apartment or reasonable accommodation.
4. Can my landlord charge me extra for an accessible unit?
   No. Charging a higher rent due to accessibility features or for accommodating a disability is prohibited under the Fair Housing Act.
5. Where can I find help if my landlord won't cooperate?
   You can contact the South Dakota Division of Human Rights or HUD for assistance and investigation of your claim.

Summary: What Renters Should Know About New Construction Accessibility

• Federal law requires most new multi-unit South Dakota rentals to include certain accessible features.
• Tenants may formally request modifications or accommodations if additional accessibility is needed.
• If accessibility requirements are not met, renters can file a complaint with HUD or the South Dakota Division of Human Rights.

Knowing your rights helps you find and keep a safe and accessible home. Review what features should be included and speak up if your needs aren't met.

Need Help? Resources for Renters

• South Dakota Division of Human Rights – for state fair housing complaints and information
• U.S. Department of Housing and Urban Development (HUD) Fair Housing Information
• South Dakota Unified Judicial System – legal dispute resolution and small claims
• Americans with Disabilities Act Information
• South Dakota Codified Laws Chapter 43-32

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1. See: HUD Fair Housing Accessibility Guidelines
2. Read: South Dakota Codified Laws Chapter 43-32: Landlord and Tenant

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