South Dakota Fair Housing: Protected Classes Explained

If you’re a renter in South Dakota, knowing your rights under fair housing laws can protect you from unlawful discrimination. South Dakota, like all states, has laws that outline who is protected from housing discrimination and what actions are illegal. Understanding these protected classes and how to assert your rights is key for safe, fair, and equitable renting across the state.

What is Housing Discrimination?

Housing discrimination occurs when a landlord, property manager, or agent treats someone unfairly during the rental process because they belong to a certain group, or "protected class." This can happen when applying for housing, during your tenancy, or when renewing your lease. Both federal and state laws apply in South Dakota, with some differences in the groups protected and procedures you can follow if you believe your rights have been violated.

Who Is Protected Under South Dakota Fair Housing Laws?

The main South Dakota law covering housing discrimination is the South Dakota Codified Laws, Chapter 20-13 (South Dakota Human Relations Act)^[1]. In addition, federal protections from the Fair Housing Act^[2] apply throughout the state.

Protected classes under South Dakota law are:

• Race
• Color
• Religion
• Sex
• Disability
• Familial status (having children under 18, pregnancy, or adoption)
• National origin

Federal law includes the same classes. South Dakota does not add extra state-level protections (like sexual orientation or source of income), but local ordinances may provide additional protections in some cities.

Examples of Prohibited Discrimination

• Refusing to rent to someone because of their race, religion, or disability
• Charging higher rent or security deposit based on familial status
• Advertising saying "no children" or using language targeting specific groups
• Denying reasonable accommodations for persons with disabilities

Both landlord actions and policies can be discriminatory, even if not intentional.

How to File a Housing Discrimination Complaint in South Dakota

If you experience discrimination, you have the right to file a complaint with the South Dakota Division of Human Rights, the official agency that investigates these claims, or directly with the U.S. Department of Housing and Urban Development (HUD).

Official Complaint Forms and Process

• Human Rights Charge of Discrimination Form: Use this form to report housing discrimination in South Dakota. Download form here^[3].

Example: If a property manager denies your rental application because you have children, or refuses a reasonable modification needed for your disability, you can fill out this form and submit it to the Division of Human Rights for investigation.

• HUD Housing Discrimination Complaint Form (Form 903): You can also file a complaint directly with HUD. Download HUD Form 903^[4].

Submit complaints as soon as possible (generally within one year of the incident) to protect your rights fully.

South Dakota’s Housing Tribunal

The South Dakota Division of Human Rights is the agency that receives and reviews housing discrimination complaints. They investigate and, if needed, can refer cases to hearings or mediation.

Your Rights and Recourse Under South Dakota Law

No landlord can legally retaliate against you for standing up for your fair housing rights. If you believe you’ve been treated unfairly, gather documentation (emails, texts, applications, policies) and file a complaint. The law protects renters when they report suspected discrimination.

Summary of Steps if You Experience Discrimination

• Document the events, conversations, and evidence
• Submit the appropriate discrimination complaint form to the South Dakota Division of Human Rights or HUD
• Cooperate with any investigation if one is opened
• Seek legal advice or advocacy services if you need more help

FAQ: South Dakota Fair Housing Protected Classes

1. What protected classes are recognized under South Dakota law?
   South Dakota and federal law both cover race, color, national origin, sex, disability, religion, and familial status as protected classes.
2. Where do I file a discrimination complaint in South Dakota?
   You can file with the South Dakota Division of Human Rights or, alternatively, directly with HUD.
3. Does South Dakota law protect against discrimination based on sexual orientation?
   No, South Dakota’s state law does not currently list sexual orientation as a protected class, though federal law may protect under certain circumstances.
4. Am I protected if I have children or am pregnant?
   Yes, "familial status" protects people with children under 18, pregnant people, and those seeking custody or adoption.
5. What should I include with my complaint?
   Include as many details as possible—dates, communications, witnesses, and a clear description of the discriminatory act.

Key Takeaways for South Dakota Renters

• South Dakota law protects renters from discrimination based on several core factors, including disability, race, and familial status
• Complaints can be filed with the Division of Human Rights using official state or federal forms
• Document everything and act promptly if you suspect your rights are violated

Need Help? Resources for Renters

• South Dakota Division of Human Rights – File complaints, get forms, and request guidance
• Charge of Discrimination Form (State)
• HUD Housing Discrimination Complaint Form
• U.S. HUD Fair Housing and Equal Opportunity – National information and complaint filing
• For local or municipal protected classes, check with your city’s fair housing office if available

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1. South Dakota Codified Laws, Chapter 20-13
2. Federal Fair Housing Act
3. South Dakota Charge of Discrimination Form (PDF)
4. HUD Form 903

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