ADA & Reasonable Accommodation Rules in South Dakota 2026
Service animals, emotional-support animals, and reasonable accommodation duties under the federal Fair Housing Act and S.D. Codified Laws § 20-13.
If you rent housing in South Dakota, your duty to accommodate tenants with disabilities is set almost entirely by federal law. The Fair Housing Act (42 U.S.C. 3604(f)) is the controlling authority, and South Dakota's own Human Relations Act (SDCL chapter 20-13) bars disability discrimination in housing without adding a stronger accommodation or modification standard of its own. In practice that means South Dakota landlords follow the federal baseline: grant reasonable accommodations to your rules at your expense, permit reasonable modifications to the unit at the tenant's expense, and deny only for the narrow reasons the statute allows.
The distinction between an accommodation and a modification decides who pays, so getting it right on every request is the single most important habit. Complaints are investigated by the South Dakota Division of Human Rights and by HUD, and a tenant has one year from the discriminatory act to file with HUD under 42 U.S.C. 3610.
What South Dakota Law Adds
Mirrors federal FHA; adds ancestry, creed.
The federal baseline governs, not a separate South Dakota rule
South Dakota has not enacted a state reasonable-accommodation statute that goes beyond federal law. Disability is a protected class in housing under SDCL chapter 20-13, the South Dakota Human Relations Act of 1972, but the operative accommodation and modification duties come from the Fair Housing Act, 42 U.S.C. 3604(f), and its regulations at 24 CFR Part 100. So a South Dakota landlord is held to the same standard as a landlord in any other state: you must not refuse a request that is reasonable and disability-related.
Two distinct duties live inside that statute. A reasonable accommodation is a change to a rule, policy, practice, or service (42 U.S.C. 3604(f)(3)(B)) - for example, assigning a closer parking space or waiving a no-pets policy. A reasonable modification is a physical change to the unit or common areas (42 U.S.C. 3604(f)(3)(A)) - a grab bar, a ramp, a widened doorway. The label controls who pays.
Who pays: accommodations are on you, modifications are on the tenant
For a reasonable accommodation - a policy change - the landlord absorbs the cost. Waiving a pet fee for an assistance animal or letting a tenant mail rent instead of using an online portal costs you administrative effort, and that effort is yours to bear.
For a reasonable modification in private, non-federally-funded housing, the tenant pays. You must permit the change, but the tenant funds it. You may reasonably require that interior modifications be restored to the unit's original condition when the tenant moves out (42 U.S.C. 3604(f)(3)(A)) - though you cannot demand restoration of changes that do not interfere with the next tenant's use. Where restoration will be needed, you may require the tenant to pay into an interest-bearing escrow account over a reasonable period, and the amount cannot exceed the estimated cost of the restoration. If your property receives federal financial assistance, the cost allocation shifts and modifications are generally the provider's responsibility, so confirm your funding status before quoting a tenant.
The interactive process and verification you can request
A request does not need to be in writing or use any magic words. Once a tenant asks for a change connected to a disability, you are expected to engage in an interactive dialogue rather than issue a flat denial. If a proposed accommodation is a problem, propose an alternative that meets the need.
You may ask for reliable third-party verification of the disability and the disability-related need, but only when neither is obvious or already known to you. If a tenant uses a wheelchair and asks for an accessible parking space, the need is apparent and you should not demand medical records. When the disability is not visible - for example a request for an assistance animal from a tenant with no obvious impairment - you may request a letter from a physician, therapist, or other reliable source confirming the disability-related need. You cannot demand the diagnosis, detailed medical history, or the tenant's full records. Assistance and service animals are handled as accommodations: a no-pets policy must yield, and you cannot charge a pet deposit or pet fee for a verified assistance animal (though the tenant remains liable for actual damage the animal causes).
When you can lawfully deny a request
The FHA does not require you to say yes to everything. A request can be denied when it is not reasonable - meaning it would impose an undue financial and administrative burden or would fundamentally alter your operations. A request to convert a leasing office into a private care suite, for instance, changes the nature of the housing and can be refused.
You may also decline where the tenant would be a direct threat to the health or safety of others, or would cause substantial physical damage to the property, that cannot be reduced by another accommodation (42 U.S.C. 3604(f)(9)). This is a fact-specific, current-conduct standard, not a stereotype about a diagnosis. Before denying, document the interactive process, the specific reason the request fails the reasonableness or direct-threat test, and any alternative you offered. A denial that is documented and grounded in the statute is defensible; a reflexive no is what generates complaints.
Where South Dakota complaints go
A South Dakota tenant who believes a request was wrongly denied has two enforcement paths. The South Dakota Division of Human Rights, within the Department of Labor and Regulation, administers the Human Relations Act (SDCL chapter 20-13), investigates housing discrimination complaints, and works to resolve them through conference and conciliation before formal action. Tenants may also file with HUD under the Fair Housing Act, and must do so within one year of the discriminatory act or its termination (42 U.S.C. 3610). HUD's fair housing line is (800) 669-9777 (TTY (800) 877-8339). For a landlord, the practical takeaway is that both a state and a federal investigator can review the same denial, so treat every accommodation request as a documented, good-faith interactive process from the first conversation.
No Misrepresentation Statute in South Dakota
South Dakota has not enacted a statute criminalizing misrepresentation of a pet as a service or assistance animal. A South Dakota landlord who suspects fraud should still process the request properly, denial without engaging in the interactive process and without requesting reliable documentation creates FHA liability that far exceeds any plausible harm from a fraudulent ESA claim.
The Cost of Mishandling a Reasonable-Accommodation Request
The most common mistake in South Dakota reasonable-accommodation cases is responding with a flat denial, "no pets means no pets", instead of engaging in the interactive process. The interactive process is itself a substantive duty. A landlord who refuses to consider the request, demands more than HUD permits, or imposes a pet fee on an assistance animal will lose at HUD even if the underlying accommodation could have been reasonably denied.
Reasonable Modification, Often Confused With Accommodation
Reasonable modification (42 U.S.C. § 3604(f)(3)(A)) is a structural change, a grab bar, a ramp, lowered cabinets. The tenant pays. The landlord must permit the modification and may require restoration to original condition at move-out (except for changes that would not significantly affect re-rental). Reasonable accommodation is a change to a rule or policy. The landlord pays no out-of-pocket cost; the cost is administrative. South Dakota follows the federal rule.
City-Level Eviction Risk in South Dakota
Reasonable-accommodation litigation rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604(f)(3)(A) and (B); 24 C.F.R. § 100.204; 24 C.F.R. § 180.671 (civil penalties).
- ADA service animals: 28 C.F.R. § 36.302 (Title III, public accommodations).
- HUD guidance: HUD/DOJ Joint Statement on Reasonable Accommodations (May 17, 2004); HUD FHEO Notice 2020-01 (Jan 28, 2020).
- South Dakota fair-housing statute: S.D. Codified Laws § 20-13.
Related Guides for South Dakota Landlords
This overview reflects the federal Fair Housing Act disability provisions at 42 U.S.C. 3604(f) and 3610, HUD's implementing regulations at 24 CFR Parts 100 and 103, and the South Dakota Human Relations Act (SDCL chapter 20-13) as administered by the South Dakota Division of Human Rights. It is written for landlords and is general information, not legal advice; accommodation and modification disputes turn on specific facts. Confirm current statutory text and your property's federal-funding status, and consult a South Dakota housing attorney or the Division of Human Rights before denying a request.
Frequently Asked Questions
Does South Dakota have its own reasonable accommodation law?
Not a separate standard. SDCL chapter 20-13, the South Dakota Human Relations Act, prohibits disability discrimination in housing, but it does not add accommodation or modification duties beyond the federal Fair Housing Act. South Dakota landlords follow the federal baseline in 42 U.S.C. 3604(f) and 24 CFR Part 100.
Who pays for a grab bar or ramp a tenant needs?
In private, non-federally-funded South Dakota housing, a reasonable modification like a grab bar or ramp is paid for by the tenant. You must permit it, and you may require the interior to be restored to its original condition at move-out, using an interest-bearing escrow account not exceeding the restoration cost. If your property receives federal financial assistance, that cost generally shifts to you.
What is the difference between an accommodation and a modification?
An accommodation is a change to a rule or policy - waiving a no-pets rule, assigning closer parking - and the landlord pays. A modification is a physical change to the unit or common areas - a ramp, a widened door - and in private housing the tenant pays. The label determines who bears the cost.
Can I ask for proof of a tenant's disability?
Only when the disability or the disability-related need is not obvious or already known to you. Then you may request reliable third-party verification of the disability and the need - for example a letter from a physician or therapist. You cannot demand the diagnosis, medical records, or detailed history, and you cannot ask at all when the need is apparent.
Can I charge a pet deposit for an assistance animal?
No. A verified assistance or service animal is a reasonable accommodation, not a pet, so your no-pets policy must yield and you cannot charge a pet deposit or pet fee. The tenant does remain responsible for any actual damage the animal causes to the unit.
When can I legally deny an accommodation request?
When the request is not reasonable - it imposes an undue financial and administrative burden or fundamentally alters your operations - or when the tenant is a current direct threat to others' health or safety or to the property that no other accommodation can reduce (42 U.S.C. 3604(f)(9)). Document the interactive process and the specific statutory reason before denying.
How long does a tenant have to file a complaint?
Under the Fair Housing Act, a tenant has one year from the discriminatory act or its termination to file with HUD (42 U.S.C. 3610). Complaints can also be filed with the South Dakota Division of Human Rights, which investigates and attempts conciliation under SDCL chapter 20-13.
Federal authority: 42 U.S.C. § 3604(f); 28 C.F.R. § 36.302; HUD FHEO Notice 2020-01. State authority: S.D. Codified Laws § 20-13. Last updated October 23, 2026. For informational purposes only, not legal advice. Reasonable-accommodation determinations are highly fact-specific; consult a licensed South Dakota attorney before denying any request.