Understanding Familial Status Discrimination in South Dakota Rentals

Renting a home in South Dakota should be fair for every renter, regardless of whether you have children or are starting a family. State and federal laws protect renters from discrimination based on familial status, offering clear rights and steps for action. Here’s what South Dakota renters need to know about staying protected and what to do if you believe your rights have been violated.

What Is Familial Status Discrimination?

Familial status discrimination means treating tenants unfairly because they live with children under 18, are pregnant, or are in the process of gaining legal custody of a child. This protection comes from the federal Fair Housing Act and is also enforced in South Dakota.

Examples of discrimination include:

• Refusing to rent to families with children.
• Imposing different rules, higher deposits, or additional fees for families.
• Advertising a property as “adults only.”
• Setting unreasonable occupancy limits to exclude families.

South Dakota and Federal Protection for Renters

Both state and federal laws safeguard renters from familial status discrimination. In South Dakota, these protections are outlined by the South Dakota Codified Laws Chapter 20-13 (Human Rights Act). This law applies to most rental properties and covers nearly all families seeking housing.

Federal rules are enforced by the U.S. Department of Housing and Urban Development (HUD).

When Familial Status Protection Applies

• You have one or more children under 18 living with you.
• You are pregnant.
• You’re in the process of adopting or gaining custody of a minor child.
• You’re fostering a child.

Some exceptions may apply, such as “Housing for Older Persons” (age-restricted communities).

Recognizing Discriminatory Practices

If a landlord refuses to rent, increases rent, restricts amenities, or discourages families with children, these may be signs of familial status discrimination.

How to File a Complaint in South Dakota

If you suspect familial status discrimination, you have the right to file a complaint. South Dakota’s South Dakota Division of Human Rights processes state-level complaints. You can also file with HUD for federal intervention.

Relevant Official Forms

• South Dakota Division of Human Rights Complaint Form
  Download the Charge of Discrimination Form (PDF)
  Use this form to file a discrimination complaint directly with the state agency. Example: If you were denied a rental after mentioning your children, complete this form and submit it as outlined below.
• HUD Housing Discrimination Complaint Form
  File an online complaint with HUD
  Use this federal form if you wish to report discrimination at the national level. You can do this for extra support or if state processing is delayed.

How the Complaint Process Works

• Fill out and submit the state or HUD form with details about what happened.
• The agency will contact you for more information and may open an investigation.
• If evidence is found, your case may lead to mediation, settlement, or further legal action.
• During the process, you cannot be evicted or retaliated against solely for filing a complaint.

The main tribunal handling residential tenant discrimination in South Dakota is the South Dakota Division of Human Rights.

What South Dakota Law Says

According to South Dakota Codified Laws §20-13-20, landlords may not refuse housing, set different lease terms, or otherwise disadvantage tenants based on familial status, except in certain age-restricted housing scenarios¹.

FAQ: Familial Status Rights for Renters

1. Do landlords have to rent to families with children in South Dakota?
   Yes, with very rare exceptions (like senior housing), landlords cannot refuse families with children. Such actions may violate both state and federal law.
2. Can landlords set higher rent or deposits for tenants with children?
   No. Charging more based on familial status is not allowed under fair housing laws and may be cause for a complaint.
3. How fast should I file a discrimination complaint if I think my rights were violated?
   State complaints should be filed as soon as possible, ideally within 180 days of the incident. Federal (HUD) complaints can be filed within one year.
4. Can landlords limit which areas of the property children can use?
   Generally, landlords cannot set unreasonable restrictions on children’s use of common facilities or amenities.
5. Where can I get help with my discrimination claim in South Dakota?
   You may contact the South Dakota Division of Human Rights or HUD for direct support, guidance, and investigation.

Key Takeaways for South Dakota Renters

• Families with children, or those expecting children, have strong legal protections when renting in South Dakota.
• If you suspect discrimination, take notes, save communications, and file a complaint promptly.
• Free help is available from state and federal agencies; don't hesitate to use these resources.

Need Help? Resources for Renters

• South Dakota Division of Human Rights – State-level discrimination complaint submission, resources, and guidance.
• U.S. Department of Housing & Urban Development (HUD) – Fair Housing Resources
• South Dakota State Bar – Find a Lawyer
• SD Law Help – Free or low-cost legal aid information

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1. South Dakota Codified Laws §20-13-20 – Fair Housing Protections
2. Federal Fair Housing Act
3. South Dakota Division of Human Rights – Official Site
4. HUD Housing Discrimination Complaint Process

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