Rent Increases After Accessibility Upgrades in South Dakota

If you're a renter in South Dakota and recently requested accessibility upgrades (like ramps, grab bars, or widened doors) to your unit or building, you may wonder if your landlord can increase your rent because of these changes. This article explains your rights under South Dakota law, federal protections, and what to do if you face a rent increase after an accessibility modification.

Understanding Accessibility Upgrades and Rent Increases

Accessibility upgrades are modifications made so people with disabilities can use and enjoy their home. These can be requested under both the federal Fair Housing Act and South Dakota state law. But how do these upgrades affect your rent?

Who Pays for Accessibility Modifications?

• In most cases, tenants are responsible for the cost of accessibility modifications inside the unit.
• Landlords cannot charge a higher deposit or extra rent just for making or approving a reasonable modification.
• Common areas and exterior changes may be landlord responsibilities if required by law or building codes.

According to South Dakota Codified Laws Chapter 43-32: Rights and Duties of Landlord and Tenant and federal guidelines, a tenant cannot be charged more rent solely because they requested or received an accessibility upgrade^1,2.

Rules for Rent Increases in South Dakota

• There is no statewide rent control in South Dakota. Landlords can generally raise rent unless a lease says otherwise.
• For month-to-month leases, landlords must provide at least 30 days written notice before increasing rent (SDCL 43-32-13).
• For fixed-term leases (like a 12-month lease), rent cannot be increased until renewal, unless additional increases are spelled out in the lease.
• Rent increases cannot be discriminatory. Landlords may not raise rent only because of a tenant’s disability, or because you requested accessibility upgrades. This is illegal under the Fair Housing Act and state law.

What To Do If Your Rent Is Raised After an Accessibility Upgrade

If you suspect your rent was increased as retaliation or discrimination because you requested or made an accessibility modification:

• Request the landlord’s reason for the increase in writing.
• Review your lease agreement to check for rent increase policies.
• Document all communications with your landlord.
• If the rent increase appears to target you because of a disability or your upgrade request, you may have a right to file a discrimination complaint.

Filing a Fair Housing Complaint in South Dakota

The official state agency for housing discrimination complaints is the South Dakota Division of Human Rights. You may also contact HUD for federal support.

• South Dakota Division of Human Rights Complaint Form
  • Name: "Charge of Discrimination"
  • When to use: If you believe your landlord discriminated against you after an accessibility modification request, including raising your rent based on your disability.
  • How to use: Complete the form and submit it by mail or email as outlined on the official South Dakota DHR forms page.
• HUD Housing Discrimination Complaint Form (Form 903)
  • When to use: For federal fair housing complaints (accessible online or by mail).
  • How to use: Submissions and instructions are found at HUD's complaint portal.

Which Tribunal or Board Handles These Matters?

In South Dakota, disputes over residential tenancies are handled by local county courts for most civil matters. Housing discrimination issues are managed by the South Dakota Division of Human Rights. For legal guidance, renters can also review the South Dakota Landlord and Tenant laws.

FAQ: Rent Increases & Accessibility in South Dakota

1. Can my landlord increase my rent after I ask for accessibility modifications?
   Landlords cannot raise your rent simply because you asked for or made a disability accommodation. They can only raise rent as permitted by law and your lease, as long as it’s not discriminatory.
2. Do I have to pay for all accessibility upgrades myself?
   You are usually responsible for modifications inside your rental unit, unless the landlord receives federal funds or it’s required by law. Check if help is available through local agencies.
3. What notice does my landlord have to give for a rent increase?
   For month-to-month leases, at least 30 days written notice. For fixed-term leases, increases can only happen at renewal unless otherwise stated.
4. What should I do if I think my rent was increased because of my disability?
   Document all communications, gather any notices, and promptly file a complaint with the South Dakota Division of Human Rights or HUD.
5. Where can I find South Dakota’s landlord and tenant laws?
   Visit the official South Dakota Codified Laws on Landlord and Tenant Rights for current rules.

Need Help? Resources for Renters

• South Dakota Division of Human Rights – File state discrimination complaints and get guidance
• HUD Fair Housing Complaint Portal – File federal discrimination complaints online
• Dakota Plains Legal Services – Free or low-cost legal help for qualifying renters
• South Dakota Codified Laws on Landlord-Tenant Rights – State legislation on leasing, rent, and modifications

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1. South Dakota Codified Laws Chapter 43-32: Rights and Duties of Landlord and Tenant
2. HUD: Reasonable Modifications under the Fair Housing Act

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