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Fair Housing Guide — South Dakota

Federal Fair Housing Act + South Dakota protected classes and application rules

Federal Protected Classes (Fair Housing Act, 42 U.S.C. § 3604)

These protections apply in every state. You may never discriminate based on:

Race
42 U.S.C. § 3604 — no discrimination based on race or color of skin.
Color
Closely related to race; covers skin color distinctions within racial groups.
National Origin
Country of birth, ancestry, culture, or linguistic characteristics.
Religion
Cannot refuse housing or impose different terms based on religious beliefs or practices.
Sex
Includes sexual harassment; federal courts have extended to sexual orientation/gender identity.
Disability
Physical or mental impairment that substantially limits a major life activity. Landlord must provide reasonable accommodations and allow modifications.
Familial Status
Households with children under 18, pregnant women, or those with custody of children. Exception: qualified senior housing (55+ communities).

South Dakota Additional Protected Classes

South Dakota follows the federal Fair Housing Act baseline with no additional statewide protected classes. Check local city/county ordinances, which may add further protections.

Source of Income / Housing Vouchers (Section 8)

Not a statewide protected class

South Dakota does not have statewide source-of-income protection. However, some cities and counties in South Dakota may have local ordinances that do protect it. Check your municipality.

Criminal History Screening

No State Restriction

South Dakota has no specific law restricting criminal background screening beyond the federal Fair Housing Act (which prohibits using criminal history as a pretext for racial or national-origin discrimination). Apply criteria consistently to all applicants.

What You Can and Cannot Ask

✗ Cannot Ask or Advertise

  • Race or racial background
  • Religion or religious practices
  • National origin or ethnicity
  • Sex or gender (federal)
  • Disability or handicap status
  • Familial status (having children under 18, pregnancy)
These questions — in person, on applications, or in listings — may constitute fair housing violations.

✓ Can Ask (Applied Consistently)

  • Proof of income (pay stubs, bank statements, employer letters)
  • Employment status and employer contact
  • Rental history and references from prior landlords
  • Consent to run a credit check
  • Personal references
  • Number of occupants (to apply occupancy standards consistently)
Apply all screening criteria uniformly to every applicant. Document your process.

Advertising Rules

Rental listings must not indicate any preference or limitation based on protected classes. Avoid language such as:

  • "Perfect for young professionals" (implies familial status preference)
  • "No children" or "adults only" (familial status — illegal unless 55+ senior housing)
  • "Christian household" or "religious community" (religion)
  • "No Section 8" (may be illegal in some local jurisdictions)
  • "Native English speakers preferred" (national origin)
  • Any description that signals race, color, or national origin preference

Safe language: focus on objective property features, income requirements, and pet/smoking policies.

City-Level Rules & Notable Notes

This state follows the federal Fair Housing Act baseline. Check local ordinances for additional protections.

This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.