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26.544.21 101st Legislative Session 1231
2026 South Dakota Legislature
House Bill 1231
Introduced by: Representative Roby
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to clarify documentation requirements for assistance animals in rental 1
dwelling units. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 43-32-33 be AMENDED: 4
43-32-33. For the purposes of Terms used in §§ 43-32-34 to 43-32-36, inclusive, 5
the term, service animal, refers to, mean: 6
(1) "Assistance animal," any animal that serves a role for an individual with a disability 7
as an emotional support animal, any, service, or therapy animal, or any assistance 8
animal, and the term, disability, is in a manner that is necessary for the health of 9
an individual; and 10
(2) "Disability," a physical or mental impairment that substantially limits one or more 11
major life activities of a person an individual. 12
Section 2. That § 43-32-34 be AMENDED: 13
43-32-34. A Except as otherwise provided in this section, a landlord may require 14
a tenant of the landlord's rental dwelling unit to provide reliable supporting documentation 15
be provided by a tenant of a rental dwelling unit, if the tenant asserts a disability requiring, 16
under any provision of law , that a service animal or an assistance animal be allowed as 17
an accommodation on the rented premises. 18
A The landlord may not require supporting documentation from a the tenant if the 19
tenant's disability or disability -related need for a service animal or an assistance animal 20
is readily apparent or already known to the landlord. 21
The landlord is not required to grant a reasonable accommodation for an assistance 22
animal if: 23
(1) The rental dwelling unit is in an owner-occupied building with four or fewer units; 24
26.544.21 2 1231
Underscores indicate new language.
Overstrikes indicate deleted language.
(2) The rental dwelling unit is a single-family home, which the owner is attempting to 1
sell or rent, without the assistance of a real estate agent or broker, provided the 2
owner does not own more than three single-family homes; or 3
(3) The specific animal poses a direct threat to the health or safety of other individuals 4
or would cause substantial physical damage to the property of others, which may 5
not be eliminated or reduced by reasonable modifications, based on an 6
individualized assessment of the animal's actual conduct and not on assumptions 7
about the animal's breed, size, or type. 8
Section 3. That § 43-32-35 be AMENDED: 9
43-32-35. The Reliable supporting documentation shall provided by a tenant 10
pursuant to § 43-32-34: 11
(1) Must confirm the tenant's disability and the relationship between the tenant's 12
disability and the need for the requested accommodation . The documentation 13
shall; 14
(2) Must be issued no more than one year before the date of the request for 15
accommodation, unless the disability or disability-related need is readily apparent, 16
permanent, or ongoing; 17
(3) Must originate from a licensed health care provider who does not operate in this 18
state solely to provide certification for service or assistance animals: 19
(a) Is acting within the scope of the provider's licensure; 20
(b) Has personal knowledge of the tenant through a professional provider -21
patient relationship; 22
(c) Conducted an individualized assessment of the tenant; and 23
(d) Is familiar with the tenant's disability and functional limitations; 24
(4) Must be on the provider's official letterhead, containing the provider's contact 25
information and medical license number; and 26
(5) May be obtained through online or telehealth services, provided that the 27
documentation is issued only after final review and a written attestation by the 28
provider that the documentation reflects an individualized determination of the 29
tenant's disability-related need for the requested accommodation. 30
A landlord may verify the authenticity of supporting documentation by confirming 31
the provider's licensure and that the documentation was issued specifically for the tenant. 32
Section 4. That § 43-32-36 be AMENDED: 33
26.544.21 3 1231
Underscores indicate new language.
Overstrikes indicate deleted language.
43-32-36. If a person tenant is found to have knowingly made a false claim of 1
having a disability that requires the use of a service animal or an assistance animal, or of 2
knowingly providing fraudulent supporting documentation in connection with such a the 3
claim, a lessor the landlord may evict a lessee and the lessor the tenant. The landlord is 4
entitled to a damage fee, not to exceed exceeding one thousand dollars, from a lessee the 5
tenant if the lessee tenant provides fraudulent disability documentation indicating a 6
disability requiring the use of a service animal or an assistance animal. 7