South Dakota 2026 Regular Session

South Dakota House Bill HB1231

Introduced
1/29/26  
Refer
1/29/26  

Caption

Clarify documentation requirements for assistance animals in rental dwelling units.

Impact

One of the key features of HB 1231 is the stipulation that landlords cannot demand documentation if the tenant's disability is readily apparent or already known. This change could empower individuals requiring assistance animals by reducing barriers to housing for those with visible disabilities. However, the bill also highlights situations where landlords are not obligated to allow such accommodations, including cases where the rental units are owner-occupied or when an animal poses a direct threat to others' health or safety.

Summary

House Bill 1231, introduced by Representative Roby, seeks to clarify the documentation requirements for assistance animals in rental dwelling units. The bill defines 'assistance animal' broadly to include not only traditional service animals but also emotional support and therapy animals. By amending existing statutes, it establishes guidelines for landlords regarding when they can require documentation from tenants who assert a need for such animals as reasonable accommodations under the law.

Conclusion

Overall, HB 1231 represents a significant adjustment to the existing framework governing assistance animals in rental properties. While it aims to protect the rights of tenants with disabilities, the implementation of documentation requirements and the outlined exceptions could lead to further debates on how best to accommodate individuals while ensuring landlords maintain their rights and responsibilities.

Contention

The bill has generated discussions around the balance between tenant rights and landlord responsibilities. Supporters argue that the bill will streamline the process for individuals with disabilities seeking reasonable accommodations, thereby enhancing accessibility in housing. Opponents, however, may express concerns about the verification process and the potential for abuse, particularly regarding landlords’ ability to deny accommodations based on perceived risks associated with certain animals, which may not be adequately assessed without proper guidelines.

Companion Bills

No companion bills found.

Previously Filed As

SD SB41

Clarify the minimum age requirements for a hunting license.

SD HB1019

Eliminate certain property taxes levied on owner-occupied single-family dwellings, and to increase certain gross receipts tax rates and use tax rates.

SD SB121

Reduce maximum values for certain property taxes levied on owner-occupied single-family dwellings, and to increase the rates for certain gross receipts taxes and use taxes.

SD HB1138

Reduce a maximum property tax mill levy on owner-occupied single-family dwellings for school district general funds, and to repeal certain sales tax exemptions.

SD HB1179

Clarify certain labeling and sales requirements for homemade food items.

SD HB1248

Clarify informed consent requirements for the provision of prenatal and postnatal care to a minor.

SD SB191

Limit annual valuation increases on owner-occupied single-family dwellings and provide an exception for mill rate limitations on taxing districts.

SD HB1059

Clarify the meaning of teleconference for purposes of open meeting requirements.

SD HB1119

Limit annual valuation increases on owner-occupied single-family dwellings and nonagricultural property.

SD SB85

Provide property tax relief to certain senior owners of owner-occupied single-family dwellings.

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