Requesting Disability Accommodation as a South Dakota Renter

If you are a renter in South Dakota with a disability, you have the right to request a reasonable accommodation from your landlord. This means your landlord may be required to change rules, policies, practices, or services so you can have an equal opportunity to enjoy your home. Knowing your rights and the correct process makes sure your request is taken seriously and handled fairly.

What Is a Reasonable Accommodation?

A reasonable accommodation is any change to a rental property’s policies or practices that helps a person with a disability use and enjoy their home. Common examples include allowing a service animal where pets aren’t usually permitted, or installing grab bars in a bathroom.

Your Rights Under South Dakota Law

Federal law, including the Fair Housing Act, and state law, such as the South Dakota Codified Laws Chapter 20-13 – Human Rights, protect renters against discrimination based on disability.^[1] Landlords have a legal duty to consider reasonable accommodation requests unless it would impose an undue financial or administrative burden or fundamentally alter the nature of the housing.

Who Handles Rental Disputes in South Dakota?

While South Dakota does not have a dedicated residential tenancy board, renters can get help from the South Dakota Division of Human Rights if they have a dispute related to fair housing or disability accommodations.

How to Request a Reasonable Accommodation

Follow these steps for the smoothest process:

• Step 1: Write a request to your landlord – Your request can be oral or written, but written is best for documentation. Clearly state your disability (if comfortable disclosing) and what accommodation you need.
• Step 2: Include any necessary supporting documents – While you are not required to disclose your diagnosis, your landlord may ask for documentation verifying the need for accommodation (such as a note from a medical provider).
• Step 3: Wait for your landlord's response – Your landlord must respond promptly and cannot legally refuse your request without cause.
• Step 4: If denied, seek help – You can file a complaint with the Division of Human Rights or HUD if you believe your request was unfairly denied.

Official Form for Complaints

• Division of Human Rights Complaint Form (No number)
  When to use: If your landlord refuses your accommodation request or you experience disability discrimination.
  Example: Maria, who uses a wheelchair, asks her landlord to install a ramp. The landlord refuses. Maria fills out the complaint form and submits it to have the state investigate.
  View and download the official South Dakota Division of Human Rights Complaint Form

There is no separate state-specific form required for making a reasonable accommodation request to a landlord; you may create your own written request or use examples from the HUD Guidance.^[2]

What to Include in Your Request

• That you are a person with a disability (no need to disclose the specific condition)
• The accommodation or change you are requesting
• Why it is necessary
• Contact information for your healthcare provider (if you agree to provide documentation)

Common Examples of Reasonable Accommodation

• Permission to keep a service animal where pets are prohibited
• Accessible parking spaces close to your unit
• Flexible rent payment schedules due to disability income timing
• Installation of grab bars or ramps

Landlords must consider requests but can suggest alternative solutions if the initial request is not reasonable.

What If Your Accommodation Is Denied?

If you believe your landlord wrongfully denied your request, you have a right to file a complaint with the South Dakota Division of Human Rights or the U.S. Department of Housing and Urban Development (HUD).

FAQ: Requesting Accommodation as a Renter

1. Do I have to tell my landlord my exact disability?
   No. You only need to share enough information to show you have a qualifying disability and need the accommodation.
2. Can my landlord deny my accommodation request?
   Yes, but only if it is unreasonable, would cause undue burden, or fundamentally change the nature of their business.
3. How long does a landlord have to respond?
   Landlords must respond promptly, but state law does not set an exact number of days. HUD recommends "as soon as possible."
4. Do I need to use a special form for my request?
   No specific form is required; a written letter or email with the necessary details is best.
5. What should I do if my landlord ignores my request?
   You can file a complaint with the South Dakota Division of Human Rights or HUD for further investigation.

Need Help? Resources for Renters

• South Dakota Division of Human Rights – File a discrimination complaint, learn about your rights, and access official forms.
• HUD South Dakota Field Office – National disability and accommodation guidance.
• South Dakota Department of Human Services – Disability-related programs and support.

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1. [1] See South Dakota Codified Laws Chapter 20-13 – Human Rights
2. [2] U.S. Department of Housing and Urban Development, Joint Statement on Reasonable Accommodations

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