South Dakota tenant screening laws

South Dakota's landlord and tenant chapter does not limit or regulate application or screening fees (SDCL ch. 43-32).

• If an applicant asks for a disability accommodation involving an assistance animal, see the documentation rules under fair housing (SDCL § 43-32-34).See Fair housing on the South Dakota page

It is illegal for an owner or anyone acting for an owner to refuse to rent, set different terms, or advertise a preference because of race, color, creed, religion, sex, ancestry, disability, familial status or national origin. A landlord must also allow a disabled person, at that person's expense, reasonable modifications needed to use the home fully (SDCL § 20-13-20).

• Where reasonable, you may condition a modification on the tenant agreeing to restore the home at move-out, reasonable wear and tear excepted (SDCL § 20-13-20 (4)).
• The refusal, terms and modification rules do not apply to a building with living quarters for no more than two families living independently if the owner lives in one of them. That exception does not remove subdivision (3)'s advertising restriction. Review any independent federal or other applicable duties before relying on an exemption (SDCL § 20-13-20).
• A landlord may ask for reliable documentation when a tenant claims a disability requiring an assistance or service animal, but not when the disability or the disability-related need is readily apparent or already known. Documentation must confirm the disability and its relationship to the requested accommodation, and come from a licensed health care provider who does not operate in South Dakota solely to certify such animals (SDCL § 43-32-34; SDCL § 43-32-35).
• A finding that a person knowingly made a false disability claim for an animal or knowingly supplied fraudulent supporting documentation can support eviction under this section. Its damage fee of up to $1,000 is tied to the lessee providing fraudulent disability documentation; an unverified suspicion does not establish these conditions (SDCL § 43-32-36).