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South Dakota · General Guidance

South Dakota ESA Letter & Housing Guide

What federal law covers for South Dakota renters with an emotional support animal, and what to check under South Dakota law.

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General guidance · applies in every state

Federal rules that apply in South Dakota

  • The Fair Housing Act still applies. Housing providers must make reasonable accommodations in rules and policies when a person with a disability needs one to use and enjoy a home (42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204). Asking to keep an emotional support animal in a no-pets home is a request for that kind of accommodation.
  • HUD’s 2020 notice is withdrawn. HUD withdrew Notice FHEO-2020-01, together with its 2013 assistance animal notice, effective September 17, 2025, and published the withdrawal in the Federal Register on April 6, 2026.
  • HUD’s enforcement changed. On May 22, 2026, HUD’s Office of Fair Housing and Equal Opportunity said it will find reasonable cause in animal-related complaints only where the animal is individually trained to do work or tasks related to the person’s disability. Requests for untrained emotional support animals are not presumed reasonable in HUD’s enforcement.
  • Your other rights remain. HUD’s memo does not amend the Fair Housing Act, and a tenant can still bring a private fair housing lawsuit within two years. State and local fair housing laws are separate from HUD’s federal enforcement, and some protect support animals or set their own rules for ESA documentation.
  • Landlords can still say yes. A landlord can approve an untrained emotional support animal, including waiving pet fees, pet rent and breed rules for it, and many do. Whether a waiver is required depends on the facts, state law and the courts.
  • Documentation still matters. When a disability or need is not obvious, a landlord can ask for reliable information. A letter from a licensed clinician who evaluated you is how most tenants provide it. No letter can guarantee a landlord’s decision.

More detail: HUD’s assistance animal guidance in 2026. This page is general information, not legal advice.

South Dakota-specific · not yet reviewed

What to check under South Dakota law

  • South Dakota fair housing law. We have not reviewed South Dakota’s statutes, regulations or local ordinances for this page. Before you rely on a South Dakota rule, check with South Dakota’s official fair housing or civil rights agency, or ask a fair housing attorney who practices in South Dakota.
  • Clinician licensing. An ESA evaluation for a home in South Dakota should come from a mental health professional who is authorized to practice in South Dakota, usually through a South Dakota license. You can confirm a clinician’s license with South Dakota’s professional licensing board.

More state guides

Full state guides are available for California, Florida, New York and Texas. Browse all 50 states.

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