South Dakota Renters: ADA vs. FHA Accessibility Rules Explained

If you rent housing in South Dakota and need disability accommodations, understanding the difference between ADA and FHA standards is essential. These federal laws set out how rental properties must address accessibility, but their rules and who they cover often differ. This guide explains what those differences mean for tenants in South Dakota, the forms you'll need, and how to seek help if your rights are not respected.

Understanding ADA and FHA Accessibility Standards

ADA (Americans with Disabilities Act) and FHA (Fair Housing Act) both make it illegal for housing providers to discriminate against people with disabilities, but they apply to different situations:

• The ADA mostly applies to public spaces in residential buildings (like rental offices or shared community rooms), not to individual rental units.
• The FHA covers most private rental housing, requiring landlords to allow reasonable accommodations and modifications in your unit or building common areas.

In South Dakota, most renter protections for disability access come from the FHA. The ADA may help if you need accessible parking, access to a community mailbox, or to enter shared spaces.

What Counts as a Reasonable Accommodation?

A reasonable accommodation is a change in rules, policies, or services to give someone with a disability equal opportunity to use and enjoy their rented home. For example:

• Allowing a service animal in a "no pets" property
• Reserving an accessible parking spot
• Changing the due date for rent if disability benefits are received later in the month

Making Physical Modifications

If you need to change your living space (like installing grab bars or a ramp), this is called a "reasonable modification." Under the FHA, South Dakota landlords must allow this if you pay for the changes and restore the unit when you leave, if reasonable. In certain federal or newer housing, modifications and accessibility may be required at the landlord’s expense.

How to Request an Accommodation or Modification

You are not required to use a special form, but putting your request in writing helps. Here’s what to include:

• State that you (or a member of your household) have a disability
• Describe the accommodation or modification you need
• Explain how it helps with your disability

Official FHA Reasonable Accommodation and Modification Request (HUD Form 903.1)

• When to use: If your landlord refuses or ignores your request or you face discrimination, use HUD Form 903.1: Housing Discrimination Complaint to start a formal fair housing complaint with HUD.
• How it's used: Fill out the form and submit it online, by mail, or in person. You will need to describe what happened and provide any evidence or communication with your landlord.

If your modification request involves significant changes to the property, landlords in South Dakota may require you to provide a description of the work (sometimes with plans) and agree to restore the property when you move out, if reasonable.

What to Do If Your Request Is Denied

If your request for an accommodation or modification is refused, you have the right to file a complaint:

• Contact South Dakota Division of Human Rights, the official state agency for fair housing matters
• You can also file directly with HUD’s Office of Fair Housing and Equal Opportunity

Which Laws and Tribunals Apply in South Dakota?

South Dakota follows the South Dakota Codified Laws - Landlord and Tenant Law, but disability rights are protected federally by the Fair Housing Act and ADA. The South Dakota Division of Human Rights is the state board handling housing discrimination complaints and can provide information or investigate renter disputes.

FAQ: Accessibility Rights for South Dakota Renters

1. Does my landlord in South Dakota have to pay for modifications I need? In most cases, renters must pay for reasonable modifications, but some properties built with federal funds or after 1991 may have additional requirements. Always check with the landlord and get agreements in writing.
2. What if my disability isn’t obvious—can the landlord ask for proof? Yes. Landlords can ask for verification from a medical or service professional if your need for an accommodation or modification isn’t apparent.
3. Can my landlord refuse my request for a service animal? A landlord cannot refuse a reasonable accommodation for a service animal, even in "no pets" housing, as long as the animal is related to your disability.
4. Is there a deadline for my landlord to respond to my accommodation request? Although no set deadline exists in state law, landlords should respond promptly. If you don't hear back in a reasonable time, contact South Dakota’s Division of Human Rights or HUD.
5. Where can I file a discrimination complaint in South Dakota? You can file a complaint with the South Dakota Division of Human Rights or the HUD Fair Housing Office.

Key Takeaways for South Dakota Renters

• The FHA protects disability-related accommodations in most rental units; ADA applies to areas open to the public.
• South Dakota renters should make requests in writing and use official HUD forms if facing discrimination.
• Contact the South Dakota Division of Human Rights for help or to file a complaint.

Need Help? Resources for Renters

• South Dakota Division of Human Rights – file discrimination complaints, get advice
• HUD’s Fair Housing and Equal Opportunity Office – complaint forms and federal resources
• ADA Information from the U.S. Department of Justice
• Legal Aid Services of South Dakota – free tenant advice if you qualify

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1. Federal Fair Housing Act (42 U.S.C. §§ 3601-3619)
2. Americans with Disabilities Act (ADA)
3. South Dakota Codified Laws – Landlord and Tenant
4. South Dakota Division of Human Rights – Housing Discrimination
5. HUD Form 903.1 – Housing Discrimination Complaint

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