South Dakota Occupancy Rules: Fair Housing for Renters

Every renter in South Dakota has the right to live in a safe, fair, and non-discriminatory environment. If you're wondering how many people can legally live in your rental unit, it's key to know the rules around reasonable occupancy standards, which are set by both federal fair housing laws and South Dakota's own tenant legislation. Understanding these rules helps ensure that neither you nor your landlord oversteps important boundaries that protect rental fairness throughout the state.

What Are Reasonable Occupancy Standards?

Occupancy standards refer to the maximum number of people who can legally live in a rental unit. Both landlords and tenants must follow these rules to avoid violating the Fair Housing Act or state landlord-tenant law. The right occupancy level helps maintain safety, prevents overcrowding, and protects tenants from unfair discrimination.

Federal Guidance on Occupancy Standards

The federal Fair Housing Act prohibits landlords from setting occupancy standards intended to exclude certain groups (such as families with children), unless there are genuine safety or municipal code reasons. The U.S. Department of Housing and Urban Development (HUD) generally suggests a “2+1” guideline—two people per bedroom, plus one additional person per unit.

South Dakota’s Approach

While South Dakota does not set its own detailed occupancy standards, landlords are encouraged to follow HUD's guidelines unless municipal ordinances are stricter. Some cities may have their own codes regarding occupancy, so always check your local rules as well as state laws.

• Restricting occupancy more strictly than necessary could be considered discrimination under the Fair Housing Act.
• South Dakota tenants are protected from unfair eviction or refusal to rent based on family size, provided the standard is reasonable and safe.

Can a Landlord Set Occupancy Limits?

Yes, but those limits must be reasonable and consistently enforced, without targeting families or protected groups. For example:

• If local ordinances allow two persons per bedroom, a landlord cannot insist on only one.
• A landlord cannot evict you just because you have children, so long as you are within the reasonable limit.

Filing a Discrimination Complaint in South Dakota

If you believe a landlord has set unreasonable occupancy limits for discriminatory reasons (for example, refusing to rent to your family due to the number of children), you can take formal action.

Official Board:

The agency handling housing discrimination cases is the South Dakota Division of Human Rights. This office enforces both state and federal fair housing laws.

Relevant Forms

• Housing Discrimination Complaint Form
  • When to use: If you’ve experienced what you believe is unfair treatment or eviction because of your family size or another protected status.
  • How it's used: Complete the form and submit it to the division. Example: You and your three children are refused a two-bedroom apartment because the landlord says “no more than two people,” despite local code allowing up to five.
  • View and download the Housing Discrimination Complaint Form (PDF)

Legislation Covering Occupancy and Fair Housing

• South Dakota Codified Laws Chapter 20-13: Human Rights – covers state protections against discrimination in housing.
• Federal Fair Housing Act

Both laws prohibit unreasonable occupancy limits when used to discriminate, especially against families with children.

FAQ: Occupancy Standards and Fair Housing in South Dakota

1. How many people can live in a rental unit in South Dakota?
   There’s no single number statewide, but the HUD guideline of two people per bedroom plus one applies unless stricter local codes exist.
2. Can my landlord evict me for having children?
   No. It’s illegal under the Fair Housing Act and South Dakota law to evict someone because of family status, as long as occupancy limits are not surpassed.
3. What can I do if I think an occupancy rule is discriminatory?
   You can file a complaint with the South Dakota Division of Human Rights using the official Housing Discrimination Complaint Form.
4. Are there exceptions for special circumstances (like medical needs)?
   Landlords must make reasonable accommodations for disabilities, which can include adjustments to occupancy standards where justified.
5. Where can I check local occupancy laws?
   Contact your city’s building or code enforcement office or visit their official website for local housing ordinances.

Conclusion: Key Takeaways for Renters

• Landlords in South Dakota must follow reasonable occupancy standards and cannot discriminate based on family status.
• Discrimination complaints can be filed with the state Division of Human Rights using the official complaint form.
• Always check both state law and local city codes for specific occupancy rules, and know your rights under the Fair Housing Act.

Knowing the basics of occupancy rules makes it easier for renters to understand their rights, avoid unfair treatment, and take action if needed.

Need Help? Resources for Renters

• South Dakota Division of Human Rights – File housing complaints, access forms, get help: (605) 773-4493
• U.S. Department of Housing and Urban Development (HUD) Fair Housing Office
• South Dakota Attorney General’s Guide to Renters’ Rights
• Contact local city or county housing offices for municipal codes and assistance.

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1. South Dakota Codified Laws Chapter 20-13: Human Rights
2. Federal Fair Housing Act
3. South Dakota Housing Discrimination Complaint Form
4. South Dakota Division of Human Rights
5. South Dakota Guide to Renter Rights

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