Housing (Tenant Rights)

HB 1231 clarifies documentation requirements for renters with disabilities who need assistance animals (including emotional support, service, or therapy animals) in rental housing. Landlords may only request documentation confirming the tenant’s disability and need for the animal, issued by a licensed health provider within the past year (unless the disability is obvious or permanent). The documentation must include the provider’s license details, be based on a personal assessment, and cannot be required if the disability or need is already apparent. This bill directly affects renters with disabilities and landlords, while exempting small owner-occupied buildings (4 units or fewer) and single-family homes sold without agents. Violating these rules by providing false documentation may lead to eviction or a $1,000 fee.

SB 4 revises South Dakota's rules for security deposits in rental housing, directly affecting landlords and tenants. It requires landlords to return full deposits within 21 days of lease end or provide a written explanation for withholding, limited to unpaid rent, damages beyond normal wear and tear, or costs to restore the property. Landlords must also give tenants an itemized accounting of withheld amounts within 45 days of request. Failure to comply results in forfeiting all rights to withhold the deposit and potential $200 punitive damages for bad-faith retention.