South Dakota Codified Laws
Chapter 13 - Human Rights
Section 20-13-20 - Unfair or discriminatory housing practices by owner or agent.

20-13-20. Unfair or discriminatory housing practices by owner or agent.
It is an unfair or discriminatory practice for any owner of rights to housing or real property, or any person acting for an owner, with or without compensation, including any person licensed as a real estate broker or salesman, attorney, auctioneer, agent, or representative by power of attorney or appointment, or to any person acting under court order, deed of trust, or will:
(1)To refuse to sell, rent, lease, assign, sublease, or otherwise transfer any real property or housing accommodation or part, portion, or interest therein, to any person because of the race, color, creed, religion, sex, ancestry, disability, familial status, or national origin of the person or persons intending to reside there;
(2)To discriminate against any person because of that person's race, color, creed, religion, sex, ancestry, disability, familial status, or national origin, in the terms, conditions, or privileges of the sale, rental, lease, assignment, sublease, or other transfer of any real property or housing accommodation or any part, portion, or interest therein;
(3)To directly or indirectly advertise, or to indicate or publicize in any other manner that the purchase, rental, lease, assignment, sublease, or other transfer of any real property or housing accommodation or any part, portion or interest therein, by persons of any particular race, color, creed, religion, sex, ancestry, disability, familial status, or national origin, is unwelcome, objectionable, not acceptable, or not solicited;
(4)To refuse to permit, at the expense of the disabled person, reasonable modifications of existing property that may be necessary to afford full enjoyment of property. The landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the premises to the condition that existed prior to the modification, reasonable wear and tear excepted.
The provisions of subdivisions (1), (2), and (4) do not apply to rooms or units in dwellings that contain living quarters for no more than two families living independently of each other, if the owner maintains and occupies one of the living quarters as the owner's residence.
This section does not apply to dormitory residences maintained by public or private schools, colleges, and universities for the educational benefit and convenience of unmarried students or to dwellings occupied by fraternities or sororities officially recognized by such institutions. Nothing in this statute may be construed to displace federal, state, or local guidelines setting reasonable standards governing maximum numbers of occupants.

Source: SL 1972, ch 11, §7; SL 1983, ch 167; SL 1986, ch 170, §13; SL 1991, ch 179, §13.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 20 - Personal Rights and Obligations

Chapter 13 - Human Rights

Section 20-13-1 - Definitions.

Section 20-13-1.1 - Probable cause defined.

Section 20-13-2 - State Commission of Human Rights--Appointment of members--Terms--Vacancies--Removal.

Section 20-13-2.1 - Direction and supervision of commission by Department of Labor and Regulation--Independent functions retained by commission.

Section 20-13-3 - Quorum of commission--Rules governing meetings.

Section 20-13-4 - Per diem and expenses of commission members.

Section 20-13-5 - Employment of personnel by division.

Section 20-13-6 - Legal assistance to commission.

Section 20-13-7 - Investigation and elimination of discrimination by education and conciliation.

Section 20-13-8 - Cooperation with other agencies.

Section 20-13-9 - Funds and grants accepted--Accounting.

Section 20-13-10 - Unfair or discriminatory practices.

Section 20-13-10.1 - Blind or partially blind person--Employment discrimination restricted--Civil penalty.

Section 20-13-11 - Employment agency's unfair or discriminatory practices.

Section 20-13-12 - Labor organization's unfair or discriminatory practices.

Section 20-13-13 - Employment advertising deemed unfair or discriminatory.

Section 20-13-14 - Requiring security clearance not unfair or discriminatory.

Section 20-13-15 - Use of ability test by employer not unfair or discriminatory.

Section 20-13-16 - Seniority and merit preferences permitted--Place of work differentials.

Section 20-13-17 - Sex differentiation permitted when based on seniority, job description, merit or executive training systems.

Section 20-13-17.1 - Gender preference for hires at single-sex facility not discriminatory.

Section 20-13-18 - Qualification based on religious purpose not unfair or discriminatory.

Section 20-13-20 - Unfair or discriminatory housing practices by owner or agent.

Section 20-13-20.1 - Discrimination based on familial status--"Family" defined--Application to housing accommodations.

Section 20-13-20.2 - Unfair or discriminatory housing practices based on familial status--Exemptions.

Section 20-13-21 - Unfair or discriminatory housing practice by financial institution or lender.

Section 20-13-21.1 - Housing--Modifications on behalf of disabled persons unnecessary--Disabled persons not relieved of obligations.

Section 20-13-21.2 - Design or construction of multifamily dwellings--Access to housing units and common areas by disabled persons and wheelchairs--Prior approval of plans not required.

Section 20-13-22 - Educational institutions' unfair or discriminatory practices--Exemptions.

Section 20-13-22.1 - Programs and activities exempt when conducted for educational, social, or recreational purposes.

Section 20-13-22.2 - Selection of students to participate in exempt programs permitted--Conduct of programs.

Section 20-13-23 - Public accommodations--Unfair or discriminatory practices.

Section 20-13-23.1 - Right of disabled persons to equal treatment in public accommodations.

Section 20-13-23.2 - Disability--Service Animal--Liability--Violation as misdemeanor.

Section 20-13-23.4 - Right to keep guide dog in rented or leased residence--Violation as misdemeanor.

Section 20-13-23.7 - Good faith efforts made to accommodate disabled persons.

Section 20-13-24 - Public services--Unfair or discriminatory practices.

Section 20-13-25 - Advertising public accommodations or services--Unfair or discriminatory practices.

Section 20-13-26 - Concealing, aiding, compelling, or inducing unlawful discrimination--Threats or reprisals.

Section 20-13-27 - Regulations for enforcement of chapter.

Section 20-13-28 - Complaints acted upon by division.

Section 20-13-28.1 - Dismissal of charge if investigation shows no probable cause.

Section 20-13-29 - Charge filed with division--Requirements--Contents--Public officials may file charge.

Section 20-13-30 - Charge by employer or organization against employees or members.

Section 20-13-31 - Time for filing charge.

Section 20-13-32 - Service of charge--Investigation--Conference or conciliation to eliminate practice.

Section 20-13-32.2 - Investigative materials confidential--Access to material by parties following determination.

Section 20-13-34 - Notice to respondent to answer charge--Time for answer.

Section 20-13-35 - Notice to answer charge after investigating official's report--Time for hearing--Hearing examiner--Right to transfer matter to circuit court.

Section 20-13-35.1 - Right to proceed by civil action in lieu of hearing--Forms of relief available.

Section 20-13-36 - Administration of oaths--Depositions.

Section 20-13-37 - Evidence rules inapplicable at hearings--Cross-examination--Burden of proof--Preservation of testimony.

Section 20-13-38 - Presentation of case--Investigating official's participation limited.

Section 20-13-39 - Respondent's answer and appearance at hearing--Charging party's intervention.

Section 20-13-40 - Amendment of charge or answer.

Section 20-13-41 - Proceedings on default by respondent.

Section 20-13-42 - Finding of discriminatory or unfair practice--Cease and desist order--Affirmative action required.

Section 20-13-43 - Finding of no discriminatory or unfair practice--Dismissal of charge.

Section 20-13-44 - Majority of commission required for final orders.

Section 20-13-45 - Procedural rules.

Section 20-13-46 - Rules governed by general law on administrative rules.

Section 20-13-47 - Judicial review of commission--court order for enforcement of order.

Section 20-13-52 - Commission's appearance by attorney--Supervision--Exception in action against governmental agency.

Section 20-13-54 - Broad construction of chapter.

Section 20-13-55 - Severability of provisions.

Section 20-13-56 - Citation of chapter.