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Discrimination Against Mental or Physical Health Conditions in South Dakota Apartments

By |September 12th, 2018|SD|

South Dakota and federal law give tenants strong protections when landlords discriminate against their mental or physical health conditions. Landlords are required to provide reasonable accommodations for tenants' handicaps. What's Covered? South Dakota and federal law cover mental and physical health-related handicaps. A "health condition" is much broader than a diagnosed disease in official medical books. It can be any mental or physical impairment which substantially limits one or more major life activities. Conditions that may not obviously be a disability qualify for protection, such as a sports injury, hoarding tendencies, or paranoia. Of course, medically diagnosed conditions also qualify, such as HIV, cancer, Alzheimer's, or bipolar disorder. The law also covers tenants that had a history of such an impairment and tenants who have been regarded as having such an impairment. S.D. Codified Laws Sec. 20-13-20 . South Dakota [...]

Discrimination of Families, Pregnant Women, and Children in South Dakota Apartments

By |September 12th, 2018|SD|

It is illegal in South Dakota (and federally) for landlords to discriminate against tenants based on their having children, being pregnant, or otherwise their familial status. Children must be provided equal access to all facilities and services offered to adults. Family Restrictions Most types of restrictions on families with children violate South Dakota and federal law. For example, charging tenants with children higher rent or a higher deposit, advertising an apartment as being only for families (or not for families), putting an age limit for children, and placing all families in one part of the building are all illegal. S.D. Codified Laws Sec. 20-13-20 . Rights of Children Landlords that treat children and adults differently are violating the law that prohibits landlords from discriminating against a tenant's familial status. Thus, prohibiting children from playing in the laundry room, using the [...]

Discrimination of Source of Income in South Dakota Apartments

By |September 12th, 2018|SD|

South Dakota does not protect tenants from landlords who deny an apartment application based on the type of job they have. There are few exceptions when the job is related to the tenant's gender, race, religion, or other protected categories under the Fair Housing Act. Some states, counties, and cities may block landlords from discriminating against Section 8 Voucher tenant applicants and landlords should know it's illegal to have a blanket policy of denying all applicants with a criminal record. Section 8 Voucher Recipients South Dakota does not prohibit landlords from denying tenants because they are a Section 8 voucher holder. To the best of our research, we did not find any cities or counties in this state that prohibit denying voucher holders. However, a few states and cities are considering such a prohibition so please check back periodically. Locations [...]

Racial Discrimination in South Dakota Apartments

By |September 12th, 2018|SD|

South Dakota protects tenants from discriminatory practices by their landlord based on their race, color, national origin, and ancestry. Similarly, tenants also have protection under the federal law from discrimination based on their race, color, and national origin. Discriminatory Actions Discrimination is broader than just saying a certain race cannot rent an apartment. Discrimination includes: charging different rent or offering different amenities based on race, color, national origin, or ancestryasking about a tenant's race, color, national origin, or ancestrydenying a loan based on their race, color, national origin, or ancestrydenying an apartment or application based on their race, color, national origin, or ancestryretaliating (e.g., raising the rent, evicting, cutting off services, or harassing a tenant) against a tenant for reporting a problemadvertising an apartment that's for or not for a person based on their race, color, national origin, or ancestry [...]

Religious Discrimination in South Dakota Apartments

By |September 12th, 2018|SD|

South Dakota protects tenants from discriminatory practices by their landlord based on their religion. Tenants also have similar protections under federal law. Discriminatory Actions Discrimination covers quite a bit more than just landlords who refuse to rent to certain religions. Discrimination includes: retaliating (e.g., raising the rent, evicting, cutting off services, or harassing a tenant) against a tenant for reporting a problemdenying an apartment or application based on their religiondenying a loan based on their religioncharging different rent or offering different amenities based on religionadvertising an apartment that's for or not for a person based on their religionasking about a tenant's religion S.D. Codified Laws Sec. 20-13-20 . Related Protections Some religions are related to a tenant's race or nationality, such as Judaism and Hinduism. 1987 Supreme Court case , Recent lower-level case . Both race and nationality are also [...]

Sex, Gender, and LGBT-Based Discrimination in South Dakota Apartments

By |September 12th, 2018|SD|

South Dakota law (and federal law) protects tenants from discrimination based on their sex or gender. This covers everything from offering lower rent for sexual favors to advertising men or women only apartments. South Dakota has no explicit protections for LGBT tenants, but federal and state protections against discriminating by one's gender offers some indirect protections in certain cases. To be safe, landlords should be careful about treating LGBT tenants differently. Sexism South Dakota law and federal law protect tenants from discrimination based on their sex (e.g., male, female). This protects tenants from most kinds of sexist acts, including retaliating (e.g., raising the rent, evicting, cutting off services, or harassing a tenant) against a tenant for reporting a problem, denying an apartment or application based on their sex, denying a loan based on their sex, refusing to allow the tenant [...]

Can Landlords Reject Tenants with Housing Vouchers in South Dakota?

By |September 12th, 2018|SD|

There is no explicit law in South Dakota, its major cities, or counties regarding whether landlords can implement a policy of not accepting vouchers or tenants receiving government assistance to pay rent. However, some courts have ruled that doing so violates the Fair Housing Act and similar laws. Discrimination Against Families and Minorities Most of the time, landlords are free to deny voucher holders as a rule where there is no direct rule against it. However, a few courts have held that discrimination against voucher recipients (e.g., a "No Voucher" policy) violates anti-discrimination laws (see the Fair Housing Act and the corresponding state law of South Dakota). This is because a majority of voucher recipients are minorities and families and so such a policy has a discriminatory impact on those protected groups. While rare, it's becoming increasingly common. To be [...]

Age Discrimination in South Dakota Apartments

By |September 12th, 2018|SD|

South Dakota does not directly prohibit landlords from discriminating against tenants based on their age. However, landlords should be careful to avoid discriminating against children and families (whom are protected under federal and state law). Additionally, discriminating against a senior because of their disability is prohibited under federal and state fair housing law which protects those with mental and physical health conditions. Segregating by Age A typical technique by landlords to minimize conflict between tenants is to group sections of buildings or advertise units for certain ages. For example, a landlord may advertise a trendy and loud neighborhood to younger tenants. A landlord might list a home in a quiet neighborhood is best for the elderly. South Dakota landlords are free to advertise units as ideal for certain age groups and to deny housing to people who do not fit [...]