Service Animals and Emotional Support Animals: South Dakota Renters’ Rights

If you’re a renter in South Dakota and live with a disability, you may be entitled to keep a service animal or emotional support animal (ESA) in your rental home, even if your lease has a 'no pets' policy. Understanding your rights and the laws that protect you is a key step in requesting accommodations and maintaining a positive landlord-tenant relationship.

Service Animals vs. Emotional Support Animals in South Dakota Rentals

Both service animals and emotional support animals help people with disabilities, but they have different definitions and protections under the law.

What is a Service Animal?

• Service animals are dogs (and sometimes miniature horses) individually trained to perform tasks for a person with a disability.
• Examples: guiding a person with vision loss, alerting to seizures, or helping with mobility.
• Protected under federal Americans with Disabilities Act (ADA) and South Dakota state law.
• Landlords generally cannot refuse a legitimate service animal, even if their property is otherwise "no pets allowed".

What is an Emotional Support Animal (ESA)?

• Emotional support animals are not trained to perform specific tasks, but provide comfort, support, or companionship for a disability.
• Can be a wider range of animals than service dogs.
• Protected mainly by the federal Fair Housing Act (FHA) for housing purposes.
• Landlords must provide "reasonable accommodation" for ESAs if you provide appropriate documentation from a qualified healthcare professional.

It's important to note that South Dakota law recognizes and enforces federal protections for both types of animals in housing situations.

Your Rights as a Renter with a Disability in South Dakota

State and federal fair housing laws make it illegal for landlords to refuse reasonable accommodation for service animals and ESAs. Landlords are:

• Not allowed to charge pet rent or pet deposits for service animals or ESAs
• Prohibited from asking about your specific disability
• Allowed to request documentation or verification for an ESA (but not for a service animal)
• Permitted to deny an animal that is dangerous or causes major property damage

Requesting an Accommodation: Forms and Process

If you need to live with a service animal or emotional support animal, you should formally request a "reasonable accommodation" from your landlord. This protects your rights and creates a record of your request.

• For a service animal: No certification or documentation is required under the ADA, and landlords may only ask if the animal is required due to a disability and what task it performs.
• For an ESA: You may be asked to provide a letter from a licensed healthcare provider stating that you have a disability and that your animal is needed for your wellbeing. South Dakota uses a general reasonable accommodation process, as there is no state-specific form number.

Sample Accommodation Request (For ESA)

• Form Name: Reasonable Accommodation Request for Assistance Animal
• When and How Used: Submit when your landlord has a 'no pet' policy or charges pet fees. Provide your healthcare provider’s letter and a written request for your animal to live with you as an accommodation for your disability.
• Official Guidance: Use the HUD sample at HUD Guidance on Assistance Animals.

Relevant South Dakota Legislation and Tribunal

• State Law: South Dakota Codified Laws, Chapter 43-32 (South Dakota Residential Landlord and Tenant Act).
• Federal Laws: Americans with Disabilities Act, Fair Housing Act.
• Tribunal Handling Disputes: South Dakota Department of Labor & Regulation, Division of Human Rights (visit their official portal).

Common Reasons a Request Might Be Denied

• The animal poses a direct threat to others
• Unreasonable property damage
• Lack of proper documentation for an ESA

Most accommodation requests go smoothly if you follow the above steps and keep records of your communication.

FAQ: Service and Emotional Support Animals in South Dakota Rentals

1. Can my landlord charge me extra fees for my service animal or ESA?
   No. Landlords in South Dakota are not allowed to charge pet fees or deposits for service animals or ESAs. You are responsible for any damage the animal causes.
2. Is my landlord allowed to ask for documentation about my disability?
   No. Landlords may not ask for your diagnosis or details about your disability. They may request a letter from a health professional for an ESA, but not for a service animal.
3. What if my landlord says "no pets" in the lease? Do I still have rights?
   Yes. You can request a reasonable accommodation to have your service animal or ESA, even if there's a "no pets" policy. Landlords must consider legitimate requests under the law.
4. Can ESAs be any type of animal?
   ESAs may be a range of animals, but they must be reasonable for housing (e.g., typical domesticated animals). Dangerous, unduly large, or exotic animals can be denied.
5. What can I do if my landlord denies my request for a service animal or ESA?
   If you believe your request was unlawfully denied, contact the South Dakota Division of Human Rights or file a complaint with HUD for assistance.

Summary: Key Takeaways

• South Dakota renters have strong legal protections for service animals and ESAs under state and federal law.
• You usually need a healthcare provider’s letter for an ESA but not for a service animal.
• Requesting accommodations in writing and keeping records can help you protect your rights.

Need Help? Resources for Renters

• South Dakota Division of Human Rights – File housing discrimination complaints or get guidance.
• HUD Fair Housing Complaint Portal
• South Dakota Housing Resources & Tenant Rights
• ADA: Service Animal Rules & Resources

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1. South Dakota Codified Laws, Chapter 43-32, South Dakota Residential Landlord and Tenant Act
2. HUD Guidance on Documenting Assistance Animals in Housing
3. South Dakota Division of Human Rights – Housing Discrimination
4. ADA – Service Animal Overview

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