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Map of South Dakota eviction risk by county

Fair Housing Protected Classes in South Dakota 2026

Federal Fair Housing Act baseline plus South Dakota-specific additions under S.D. Codified Laws § 20-13 (Human Relations Act).

9 classes Total protected (7 federal + 2 state)
No SOI Law Source-of-income protection
2 additions Beyond federal baseline
$25,597 Federal first-offense max civil penalty (24 C.F.R. § 180.671)
Federal baseline (uniform in South Dakota): The Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination based on race, color, religion, national origin, sex (incl. sexual orientation and gender identity per HUD 2021), familial status, and disability. These seven classes are enforceable in South Dakota through HUD complaint regardless of what state law says.

Source of Income, Section 8 / HCV Status in South Dakota

South Dakota: No SOI Protection.

South Dakota has no source-of-income protection at the state level and no major local SOI ordinance has been verified. Landlords statewide may decline Section 8 voucher applicants for reason of payment source alone, but cannot use voucher status as a pretext for discrimination based on a protected class such as race, family status, or disability.

All 9 Protected Classes in South Dakota

Federal classes apply uniformly. The classes shaded green below are South Dakota-specific additions under S.D. Codified Laws § 20-13 (Human Relations Act).

Race (federal)
Color (federal)
Religion (federal)
National Origin (federal)
Sex (federal)
Familial Status (federal)
Disability (federal)
Ancestry
Creed

Recent South Dakota Statutory Activity

SD mirrors federal FHA + ancestry, creed.

If you own a rental in South Dakota and want the bottom line on Housing Choice (Section 8) vouchers, here it is: South Dakota has no source-of-income protection, so a landlord may decline a Section 8 voucher applicant for payment source alone. Neither state law nor any statewide rule forces you to accept voucher income, and there is no recognized "source of income" class to point to. That one fact separates South Dakota from voucher-mandate states and is the question landlords here ask most.

The governing law is the S.D. Codified Laws § 20-13 (Human Relations Act), enforced by the South Dakota Division of Human Rights. It tracks the federal Fair Housing Act closely and adds only two protected categories of its own: ancestry and creed. Knowing exactly where state law stops and federal law begins is what keeps a small South Dakota landlord out of trouble.

South Dakota's statute and who enforces it

Fair housing in the state runs through the S.D. Codified Laws § 20-13 (Human Relations Act), administered by the South Dakota Division of Human Rights. The Division takes complaints, investigates, and works with the federal system where the conduct also violates the Fair Housing Act (42 U.S.C. § 3604). For a landlord, that means a single discriminatory ad, application policy, or denial can draw both a state inquiry and a federal one.

South Dakota's framework mirrors the federal model rather than expanding far beyond it. It does not create a sprawling list of new categories; it layers a short set of additions onto the federal floor. So your compliance baseline is the seven federal classes, plus the two state additions covered below, with the Division as the agency you will actually hear from.

What South Dakota adds: ancestry and creed

Federal law already protects seven classes nationwide: race, color, national origin, religion, sex, familial status (children under 18, pregnant tenants), and disability. South Dakota's Human Relations Act builds on that floor by adding ancestry and creed.

These two are easy to underrate. Ancestry reaches a tenant's lineage or ethnic origin, overlapping with but not identical to national origin. Creed reaches a person's system of belief and runs broader than the federal "religion" label many landlords assume is the whole picture. In practice that means a screening comment or rental ad referencing someone's heritage or beliefs can violate state law even if you never used a federally listed word. Treat ancestry and creed as live, enforceable categories, not footnotes.

What recently changed and where it leaves you

The current posture is straightforward: South Dakota mirrors the federal Fair Housing Act and adds ancestry and creed. There is no new statewide source-of-income mandate and no broad expansion of categories. So the prudent reading for 2026 is that your obligations are the federal seven plus those two state additions, and nothing in state law converts voucher status into a protected class.

That stability cuts both ways. It means you can decline a voucher for payment-source reasons, but it also means the federal classes carry full force. Never use "no Section 8" as cover for steering away a protected applicant. If a voucher refusal lines up with a tenant's race, ancestry, creed, disability, or family with children, the Division and HUD can read it as pretext for a protected-class denial.

Screening and advertising traps for small landlords

Most South Dakota fair-housing trouble comes from sloppy wording, not open hostility. The classic traps: "adults only" or "perfect for a single professional" language that screens out familial status; questions about where an applicant's name or accent "is from," which probes ancestry and national origin; and assumptions about a tenant's creed based on dress or holidays. Disability missteps are common too, such as refusing a reasonable accommodation or charging extra for an assistance animal.

Apply one written set of criteria to every applicant: income standard, credit threshold, rental history, references. With an average rent near $783, your income math should be a fixed multiple applied uniformly, not a number you bend for some applicants and not others. Document each decision. Consistent, written, neutral standards are the best defense against a Division complaint.

The Cost of a Fair-Housing Violation

Federal civil penalty (uniform in all states): Up to $25,597 for a first-offense FHA violation under 24 C.F.R. § 180.671 (HUD inflation-adjusted). Repeat offenders face up to $63,991 (within five years) or $127,982 (within seven years). HUD-conciliated settlements routinely include actual damages, attorney's fees, mandatory training, and required policy changes. South Dakota's state fair-housing agency may pursue parallel penalties under S.D. Codified Laws § 20-13 (Human Relations Act).

City-Level Eviction Risk in South Dakota

Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:

Sioux Falls Rapid City Aberdeen Brookings Watertown Mitchell

Sources & Methodology

Related Guides for South Dakota Landlords

← South Dakota Eviction Risk Overview Lease Break & Early Termination Squatter Rights & Adverse Possession Just-Cause Eviction Rules Landlord License Requirements Tenant Rights Summary

This overview summarizes the S.D. Codified Laws § 20-13 (Human Relations Act), enforced by the South Dakota Division of Human Rights, alongside the federal Fair Housing Act (42 U.S.C. § 3604). Last reviewed June 2026. It is general information for landlords and renters, not legal advice; consult a licensed South Dakota attorney or the Division for guidance on a specific situation.

Frequently Asked Questions

Can a landlord refuse a Section 8 voucher in South Dakota?

Yes. South Dakota has no source-of-income protection, so a landlord may decline a Housing Choice (Section 8) voucher applicant for payment source alone. There is no statewide voucher mandate and no recognized source-of-income class. The one limit: you cannot use "no Section 8" as a pretext to turn away someone because of race, ancestry, creed, disability, familial status, or another protected class.

How many protected classes are there in South Dakota?

Nine in the housing context. South Dakota starts with the seven federal Fair Housing Act classes (race, color, national origin, religion, sex, familial status, and disability) and the S.D. Codified Laws § 20-13 (Human Relations Act) adds two more: ancestry and creed.

Are sexual orientation and gender identity protected in South Dakota?

There is no separate state-law listing for sexual orientation or gender identity in South Dakota's additions. However, HUD's 2021 post-Bostock interpretation reads the federal Fair Housing Act's ban on sex discrimination to include sexual orientation and gender identity, and that federal reading applies nationwide. The cautious course for a South Dakota landlord is to treat both as protected under the federal "sex" category.

How is fair housing enforced in South Dakota, and what are the penalties?

Complaints go to the South Dakota Division of Human Rights under the Human Relations Act, and conduct that also breaks the federal Fair Housing Act can be pursued through HUD. Remedies can include orders to stop the practice, actual damages to the tenant, and federal civil penalties. The specific federal penalty figures are shown in the data box on this page.

Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: S.D. Codified Laws § 20-13 (Human Relations Act). Last updated August 27, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed South Dakota attorney before making a screening, denial, or eviction decision.