Can my landlord charge me extra for an accommodation?

No. Your landlord can't charge you additional fees, deposits, or higher rent because you need an accommodation. If your accommodation involves modifying the unit (like installing grab bars), you might end up paying for it, but that's different from charging you extra rent. The accommodation itself has to be free.

What's the difference between a service animal and an emotional support animal for rental purposes?

Service animals are specifically trained dogs (or miniature horses) that perform tasks related to your disability, and landlords must accommodate them without restrictions. Emotional support animals, comfort animals, and therapy animals provide comfort through their presence alone and don't have the same legal protections under housing law. Your landlord can legally deny an emotional support animal request, though they still can't discriminate based on your disability itself.

How long does it take for my landlord to respond to an accommodation request?

There's no specific deadline in South Dakota law, but "reasonable" generally means 10–14 days. If your landlord ignores you or drags things out unreasonably, that can be viewed as a refusal, and you can file a complaint with the Human Rights Commission or HUD.

ADA Accommodations for Rental Properties in South Dakota

Here's the short answer

Yes, landlords in South Dakota are required to provide reasonable accommodations for tenants with disabilities under the Fair Housing Act and South Dakota's own fair housing law (SDCL 20-1-1 et seq.).

If you need an accommodation—whether that's a service animal, a bathroom modification, or something else—you've got legal protections, but you'll need to ask for it in writing and be prepared to document your disability if things get complicated.

What the law actually requires

Look, this isn't some gray area. The Fair Housing Act (a federal law) and South Dakota Codified Laws 20-1-1 make it illegal for landlords to discriminate against you because of your disability. That means your landlord can't refuse to rent to you, can't charge you more, and can't refuse to make reasonable accommodations that'll let you actually use and enjoy your apartment like everyone else.

The key word here is "reasonable." Your landlord doesn't have to gut-renovate your place or spend unlimited money, but they do have to make modifications or exceptions to their normal rules if it's genuinely necessary for you to live there. A service animal exemption? Reasonable. Allowing you to install grab bars in the bathroom? (More on this below.) Reasonable. Lowering rent by 60% because you say you're anxious? Probably not.

How to actually request an accommodation

Here's the thing: you need to put this in writing. Don't just mention it casually over the phone or in a text. Send your landlord (or their property manager) a letter or email requesting the accommodation and explaining why you need it.

Your request should include: — worth keeping in mind

What accommodation you're asking for (be specific)
How it relates to your disability (you don't need to disclose your diagnosis, but you should explain the functional limitation)
Why it's necessary for you to have equal access to your rental

Keep a copy. If your landlord drags their feet or refuses, you'll want proof that you made the request.

What happens if your landlord says no

Your landlord can't just reject your request because they feel like it. They've got to have a legitimate reason—like it would be an undue financial hardship or it's not actually necessary given the nature of your disability.

If you think your landlord is unlawfully refusing your accommodation, you've got options. South Dakota has a Human Rights Commission (you can file a complaint at dhr.sd.gov), or you can file a complaint with the U.S. Department of Housing and Urban Development (HUD). You've got one year from the date of the alleged violation to file with the state commission, and generally three years with HUD (though it's best not to wait that long). There's no filing fee for either.

In South Dakota, if you win a complaint at the state level, the commission can order your landlord to provide the accommodation, compensate you for damages, and even pay your attorney's fees. It's not a criminal thing—it's a civil enforcement mechanism. Still, most landlords prefer to just work with you rather than tangle with regulators.

Common accommodations and how they work

Service animals are the most common accommodation request. Under federal law, service animals are defined pretty narrowly—they're dogs (or in some cases miniature horses) that are individually trained to perform tasks related to your disability. Emotional support animals, therapy animals, and comfort animals aren't the same thing, and landlords can technically deny those. But if you have an actual service dog, your landlord can't charge a pet deposit, can't refuse you, and can't limit the animal. SDCL 13-28-1 touches on this in South Dakota's animal laws, though the Fair Housing Act is really what protects you here.

Other common accommodations: allowing you to install grab bars or ramps (you usually pay for it, but they can't say no); providing accessible parking spaces if you're in a multi-unit building; allowing a live-in aide or personal assistant; or waiving a "no pets" policy for a legitimate service animal. Less common but still possible: modified lease terms, reserved parking closer to your unit, or permission to keep medication in a common area if your lease prohibits it.

The documentation question

Your landlord can ask for verification that you have a disability and that the accommodation is necessary. They can't demand your full medical records or diagnosis, but they can ask you to provide a letter from a doctor, therapist, or other healthcare provider confirming your disability and its connection to your accommodation request.

Honestly, most landlords will accept a straightforward letter. If you don't have one and you're struggling to get your healthcare provider to write it, that's a separate problem—but your landlord's refusal to accommodate can't be based purely on you not having documentation. They've got to give you a reasonable chance to provide it.

What to do right now

Write a clear, dated letter to your landlord requesting the specific accommodation you need, explaining why it's necessary. Keep a copy.
If you don't already have medical documentation supporting your disability, reach out to your healthcare provider and ask them to provide a brief letter (they don't need to disclose your diagnosis, just confirm the disability and the necessity of the accommodation).
Send your accommodation request via email or certified mail so you've got a paper trail.
Give your landlord a reasonable amount of time to respond (typically 10–14 days is fair, but check your lease).
If they refuse without good reason, contact the South Dakota Human Rights Commission or HUD to file a complaint.