Proving Discriminatory Rental Screening in South Dakota

Discrimination in the rental screening process can be subtle or direct, but both types are illegal under South Dakota and federal Fair Housing laws. If you believe you've been treated unfairly when applying to rent a home, understanding your rights and the steps to gather proof can help you take action. This article covers how South Dakota renters can recognize discriminatory screening, collect evidence, and file a complaint with the right agency.

Understanding Discriminatory Screening Practices

Rental screening is when a landlord checks your background, credit, or rental history before approving your application. However, landlords and property managers cannot treat you differently based on protected characteristics under the federal Fair Housing Act and South Dakota law. Common protected classes include:

• Race or color
• National origin
• Sex
• Religion
• Disability
• Familial status (for example, having children)

If a landlord denies your application or imposes different requirements based on any of these, it may be discriminatory.

What Does Discrimination in Screening Look Like?

Discriminatory screening can happen in several ways. Watch for these signs:

• Requiring a higher deposit only from certain groups
• Denying applications with similar qualifications from protected classes
• Using different application standards depending on your background
• Discouraging you from applying or making negative comments about families, disabilities, etc.
• Refusing reasonable accommodations for disabilities

Comparing your experience with how others are treated can help reveal patterns of discrimination.

Gathering Evidence of Discriminatory Screening

To prove discriminatory screening, documentation and evidence are vital. Here are practical steps:

• Save all communications: Keep emails, texts, voicemails, and notes from your interactions with the landlord.
• Document what happened: Write down dates, times, and exactly what was said.
• Secure the application records: Keep copies of your rental application and any written reasons for denial.
• Witness statements: If someone else saw or heard discriminatory behavior, ask them to provide a statement.
• Compare outcomes: If possible, gather information about other applicants treated differently in similar situations.

Tip: Consistency Is Key

How to File a Discrimination Complaint in South Dakota

In South Dakota, renters can file a discrimination complaint through the South Dakota Division of Human Rights or with the federal government via the U.S. Department of Housing and Urban Development (HUD). Both agencies accept complaints about unfair treatment during the rental application process.

Using the Official Complaint Form

• Form Name: Housing Discrimination Complaint Form
• When It's Used: Use this form if you believe you have been denied, delayed, or treated unfairly in rental screening because of your race, disability, family status, or another protected class.
• How It's Used: Complete the form with details and evidence of your experience. Attach supporting documentation, such as emails, rejection letters, and written notes.
• Official Source: Download and submit the HUD complaint form from the official HUD portal.

Action Steps for Renters

• Gather all relevant evidence (communications, forms, notes, witness information).
• Complete the official Housing Discrimination Complaint Form.
• Submit your complaint to the South Dakota Division of Human Rights or HUD. Both agencies can review your case.
• Be prepared for follow-up questions or a request for more evidence.

The South Dakota Division of Human Rights is the tribunal handling these matters. You can find their contact and more information at their official government page.

What Laws Protect South Dakota Renters?

Protections against discriminatory rental screening come from:

• Federal Fair Housing Act
• South Dakota Codified Laws: Human Rights (Chapter 20-13)
• South Dakota Codified Laws on landlord-tenant matters: SDCL Chapter 43-32

It is illegal for any landlord or agent to refuse to rent, change terms, or treat someone differently based on protected class status.¹

FAQ: Discrimination and Rental Applications in South Dakota

1. What counts as evidence if I suspect discrimination?
   Written communications, rejection letters, dates and times of phone calls, and witness statements can all serve as evidence.
2. How long do I have to file a discrimination complaint?
   Generally, you must file within one year of the incident, but filing as soon as possible is recommended.
3. Does it cost money to file a complaint?
   No, there is no fee to file a discrimination complaint with the South Dakota Division of Human Rights or HUD.
4. Can my application be rejected for non-discriminatory reasons?
   Yes. Landlords can deny applications for issues like poor credit or negative rental history, as long as these reasons are applied equally to all applicants.
5. Where do I find official complaint forms and information?
   You can find forms and instructions at the South Dakota Division of Human Rights and the HUD Fair Housing Complaint Portal.

Key Takeaways for Renters

• Document everything if you think you’ve been discriminated against during rental screening.
• Use the official complaint form to start an investigation.
• Both state and federal law protect your right to fair treatment when applying for housing in South Dakota.

Knowing your rights and acting quickly can help protect you and other renters from unfair treatment.

Need Help? Resources for Renters

• South Dakota Division of Human Rights: File discrimination complaints or get more information about your rights.
• U.S. Department of Housing and Urban Development (HUD) – Fair Housing: File federal complaints and learn about fair housing protections.
• SDCL Chapter 20-13: Human Rights: Read full anti-discrimination law text.
• For general landlord-tenant questions, the South Dakota Consumer Protection Office provides helpful information.

---

1. Fair Housing Act Summary – HUD
2. South Dakota Human Rights Statute (SDCL 20-13)
3. South Dakota Division of Human Rights
4. South Dakota Landlord-Tenant Laws (SDCL 43-32)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations