Step 1
Answer the free screening questions; no card is asked for. They cover your home or planned rental, the animal, and how it helps you through the day. The screening decides nothing; its answer is simply whether a consultation looks worthwhile.
South Dakota · SD
ESA letter South Dakota: a live video evaluation and the two findings SDCL § 43-32-35 asks for
Yes. South Dakota sets no waiting period, session count or renewal date for an ESA letter. A landlord may ask for documentation only if your need is not obvious or already known, and it must confirm your disability and its link to the animal (SDCL §§ 43-32-34, 43-32-35). A clinician licensed in South Dakota examines you by live video (SDCL § 34-52-5). If you qualify, the signed PDF usually arrives within 24 to 48 hours. The price is $99.
180days
to file a written, verified charge with the Division of Human Rights
SDCL § 20-13-311month's rent
ceiling on every deposit combined, whatever the landlord calls it, a pet deposit included
SDCL § 43-32-6.121days
after move-out for your deposit to come back, or for a written reason it was kept
SDCL § 43-32-242families
the largest owner-occupied dwelling the state exempts; no four-unit carve-out exists
SDCL § 20-13-20South Dakota, with the capital marked
South Dakota at a glance
The 7 things a renter in South Dakota needs to know.
Each answer is one line, with the section of South Dakota law it comes from. The detail is further down the page.
- 01
How long must I see a clinician before a South Dakota ESA letter?
There is no minimum. The ESA statute asks only that a licensed health care provider confirm your disability and how it relates to your need for the animal. It sets no minimum relationship, session count, in-person meeting or expiry date. The word "relationship" in it means the tie between your disability and the animal, not months spent in therapy. A single live evaluation may suffice when the clinician finds that you qualify.
SDCL § 43-32-35 - 02
Does my clinician need a South Dakota licence, and can the evaluation happen online?
The ESA statute names no licence location, but the telehealth chapter does. That chapter requires any professional treating a patient in the state by telehealth to be "Fully licensed to practice in the state" (SDCL § 34-52-2). A psychologist may instead practise under PSYPACT, in force in the state since 1 July 2024 (SDCL § 36-27B-1). Before diagnosing, a telehealth clinician gives a face-to-face exam by real-time audio and video where an in-person visit would otherwise be needed (SDCL § 34-52-5). We apply that to every evaluation here, so there is no questionnaire-only or audio-only route.
SDCL §§ 34-52-2, 34-52-5; SDCL § 36-27B-1 - 03
When can my landlord ask for proof, and what must it show?
Only when your disability or your need for the animal is neither readily apparent nor already known to the landlord (SDCL § 43-32-34). The proof must confirm two things: that you have a disability, and how that disability relates to your need for the animal (SDCL § 43-32-35). The statute does not require a diagnosis, a licence number, a letterhead, a set form or an expiry date.
SDCL §§ 43-32-34, 43-32-35 - 04
May my landlord add pet rent, a pet fee or a pet deposit for my ESA?
No South Dakota statute forbids it, whatever online summaries say. You may request a waiver inside your accommodation request (SDCL § 20-13-23.7). Landlords may answer with the Human Relations Act, which says they need not incur additional expenses for a disabled tenant (SDCL § 20-13-21.1). What the law does control is the deposit. Any amount, however it is labelled, counts toward a one-month-rent cap and must be returned or explained within 21 days (SDCL §§ 43-32-6.1, 43-32-24).
SDCL §§ 20-13-23.7, 43-32-6.1, 43-32-24 - 05
Does an ESA letter expire after 12 months in South Dakota?
No state law gives the letter an expiry date or a renewal duty. A one-year window for documentation appeared in HB 1231 in 2026, and a House committee tabled that bill on 11 February 2026 by 10 votes to 1. The ESA statute it would have rewritten has not changed since 2018 (SDCL § 43-32-35).
SDCL § 43-32-35; 2026 HB 1231 (tabled) - 06
Does a small or live-in landlord escape these rules?
Rarely. Only three kinds of housing are exempt: an owner-occupied dwelling for no more than two families, school dormitories, and recognised fraternity and sorority houses (SDCL § 20-13-20). The federal four-unit and three-house carve-outs have no state counterpart. An owner who lives in a triplex or fourplex is therefore covered by state law.
SDCL § 20-13-20 - 07
Where does a complaint go, and what is the deadline?
To the South Dakota Division of Human Rights, as a written, signed and verified charge filed within 180 days (SDCL §§ 20-13-29, 20-13-31). Use its online e-sign form, or call for a paper one. No Division page or rule asks for a notary; the Sioux Falls city office does. Because the Division is not a HUD partner, a HUD complaint (one year) and a federal suit (two years) run as separate tracks (42 U.S.C. §§ 3610(a)(1)(A)(i), 3613(a)(1)(A)).
SDCL §§ 20-13-29, 20-13-31
South Dakota law
Emotional support animals in South Dakota housing: proof only when your need is not obvious, and two things it must confirm
South Dakota names emotional support animals in its rental statute. For SDCL §§ 43-32-34 to 43-32-36, a service animal includes any animal that serves a person with a disability "as an emotional support animal" (SDCL § 43-32-33). A landlord may require reliable supporting documentation, unless your disability, or your need, is readily apparent or already known (SDCL § 43-32-34). That documentation must confirm your disability and its relationship to your need for the animal. It must come from a licensed health care provider, and a provider who operates in the state only to supply animal paperwork does not count (SDCL § 43-32-35). The statute sets no waiting period, session count, letter format or expiry date, and it is the same text the Legislature passed in 2018. It does not itself create the right to keep the animal. That duty sits in the Human Relations Act: landlords must make good-faith efforts to reasonably accommodate you unless the accommodation would impose undue hardship (SDCL § 20-13-23.7). Only an owner-occupied dwelling for two families or fewer is exempt (SDCL § 20-13-20). A refusal can go to the Division of Human Rights within 180 days (SDCL § 20-13-31).
Source: SDCL §§ 43-32-33 to 43-32-36 (SB 119, SL 2018, ch 259; unchanged since 1 July 2018). This is general information, not legal advice.
ComplaintsSouth Dakota Division of Human Rights (Department of Labor and Regulation) · 605-773-3681, TTY 711 · 180 days from the discriminatory act (SDCL § 20-13-31)PenaltyIn housing, a tenant found to have knowingly made a false disability claim or handed over fraudulent documentation can be evicted and charged a damage fee not exceeding one thousand dollars; the remedy runs from a landlord against a tenant (SDCL § 43-32-36). Since 1 July 2026, intentionally passing an animal off as a service animal in a public accommodation has been a Class 2 misdemeanour (SDCL § 22-35-9). It carries up to 30 days in jail or a 500-dollar fine (SDCL § 22-6-2).
The federal Fair Housing Act still recognises the accommodation, and you can still enforce it in court. Since May 2026, HUD itself has stopped pursuing complaints about untrained emotional support animals, so in practice your protection comes from South Dakota law and the South Dakota Division of Human Rights.
“The supporting documentation shall confirm the tenant's disability and the relationship between the tenant's disability and the need for the requested accommodation.”
Federal vs South Dakota
Where the federal Fair Housing Act stops and South Dakota law takes over.
| Topic | Federal (Fair Housing Act) | South Dakota |
|---|---|---|
| Fees and deposits | The Fair Housing Act and HUD's rule at 24 C.F.R. § 100.204 say nothing about pet fees. HUD's old no-fee guidance lapsed on 17 September 2025, so a waiver now rides on your accommodation request (42 U.S.C. § 3604(f)(3)(B)). | No statute bans an ESA fee. Request a waiver under SDCL § 20-13-23.7, though SDCL § 20-13-21.1 says landlords need not incur additional expenses. All deposits together sit under a one-month cap (SDCL § 43-32-6.1) and come back or are explained within 21 days (SDCL § 43-32-24). |
| Documentation | Federal law asks only that the accommodation be necessary because of a disability (42 U.S.C. § 3604(f)(3)(B)); it sets out no letter content. | Owed only if the disability or need is neither readily apparent nor already known (SDCL § 43-32-34). A licensed health care provider confirms the disability and its link to the need (SDCL § 43-32-35). No format, licence-number rule or validity period. |
| Timing | Federal law sets neither a waiting period nor a time limit for the landlord's answer. | No waiting period, session minimum or 30-day rule, and no time limit on the landlord's answer either. Before diagnosing, a telehealth clinician holds a live audio-video exam (SDCL § 34-52-5). |
| Who may write | Federal law is silent on who writes the letter. | A licensed health care provider who does not operate in the state only to supply animal paperwork (SDCL § 43-32-35). Telehealth with a patient in the state needs a full state licence (SDCL § 34-52-2) or, for a psychologist, PSYPACT authority (SDCL § 36-27B-1). |
| Exemptions | Owner-occupied buildings with four or fewer units, and certain single-family homes rented by someone owning no more than three (42 U.S.C. § 3603(b)). | Only rooms or units in an owner-occupied dwelling for no more than two families, school dormitories, and recognised fraternity and sorority houses (SDCL § 20-13-20). No four-unit rule. |
| Where to file | HUD, which since May 2026 recommends charges only in trained-animal cases, or a federal lawsuit. | The Division of Human Rights, which sits outside HUD's Fair Housing Assistance Program, with an option to move the case to circuit court (SDCL § 20-13-35.1). Sioux Falls Human Relations takes city complaints but bars dual filing. |
| Deadline | HUD within one year (42 U.S.C. § 3610(a)(1)(A)(i)); a federal suit within two years (42 U.S.C. § 3613(a)(1)(A)). | 180 days to the Division (SDCL § 20-13-31), six months to Sioux Falls Human Relations, and one year to sue after a court election (SDCL § 20-13-35.1). |
Swipe sideways to see the whole table.
Your timeline in South Dakota
What actually happens, and when.
State law adds no wait before an ESA letter, so the clinical evaluation sets the pace. What it does fix is the format: a live audio-video exam before any diagnosis (SDCL § 34-52-5). Because SDCL § 43-32-35 sets aside providers who operate in the state only to supply animal paperwork, every letter here follows a full evaluation, and follow-up care stays open afterwards. Screening costs nothing and takes no card. Payment happens at checkout before the consultation, and some consultations end without a letter.
Step 2
Meet a clinician licensed in South Dakota, or a psychologist with PSYPACT authority, over live video. They confirm who and where you are, share their credentials, take your consent and history, and assess whether an impairment substantially limits a major life activity (SDCL §§ 34-52-3, 43-32-33). The evaluation can end without a letter, because some people do not qualify.
Step 3
If you qualify, the signed PDF usually arrives within 24 to 48 hours of the consultation. The letter states the two findings in SDCL § 43-32-35, your disability and its relationship to your need for the animal, and lists the clinician's licence details for a landlord to check. You also receive a visit summary, and follow-up care remains available (SDCL § 34-52-3). If the clinician finds you do not qualify, request your full refund within 7 days.
Housing
What your South Dakota landlord may and may not do.
Under the federal Fair Housing Act (42 U.S.C. § 3604(f)(3)(B)) and South Dakota's own fair-housing law, a housing provider must consider a reasonable-accommodation request for an assistance animal, including where pets are prohibited. Each line below carries the section it comes from.
What they may do
Your landlord may
- Ask for reliable supporting documentation when your disability, or your need for the animal, is neither readily apparent nor already known. SDCL § 43-32-34
- Turn down paperwork that does not confirm both your disability and its link to the animal, or that comes from a provider operating in the state only to supply animal paperwork. SDCL § 43-32-35
- Evict, and claim a damage fee not exceeding one thousand dollars, if a tenant is found to have knowingly made a false disability claim or provided fraudulent documentation. SDCL § 43-32-36
- Say no when the accommodation would impose undue hardship. SDCL § 20-13-23.7
- Hold you to ordinary lease terms, money terms included, and deduct real damage beyond ordinary wear and tear from the deposit, with written reasons inside 21 days. SDCL §§ 20-13-21.1, 43-32-24
What they may not do
Your landlord may not
- Insist on paperwork for a disability or need that is obvious, or that they already know about. SDCL § 43-32-34
- Refuse to rent to you, or set different terms, conditions or privileges, because of disability, unless the owner lives in a dwelling for two families or fewer. SDCL § 20-13-20
- Skip the good-faith effort to reasonably accommodate you when no undue hardship stands in the way. SDCL § 20-13-23.7
- Take reprisals, economic or otherwise, because you filed a charge, testified or helped someone else's case. SDCL § 20-13-26
- Collect deposits above one month's rent without an agreed special condition, or sit on your deposit past 21 days without written reasons. SDCL §§ 43-32-6.1, 43-32-24
Illustrative exchange
What a lawful conversation looks like.
Most refusals are not a flat no. They are a question the housing provider is not allowed to ask, or a fee they are not allowed to charge. Here is the shape of a typical exchange in South Dakota, with the rule beside each reply.
A made-up exchange to show the rules, not a real tenant or landlord.
Pet fees and deposits
No statute in South Dakota bars a pet fee, pet rent or pet deposit for an emotional support animal. The one no-extra-charge rule in state law protects people whose service animals are "especially trained for the purpose", and it applies in hotels, shops and other public places, not rented homes (SDCL §§ 20-13-23.1, 20-13-23.2). A waiver of pet charges is something you may request as a reasonable accommodation (SDCL § 20-13-23.7). Expect pushback, because the Human Relations Act says a landlord need not "incur any additional expenses" for a disabled tenant (SDCL § 20-13-21.1). So a waiver is something to negotiate, not something to count on. The deposit statute gives firmer help. Any money that secures the lease is a security deposit, "however denominated" (SDCL § 43-32-6.1). The total may not exceed one month's rent unless both sides agree to more because special conditions endanger the premises (SDCL § 43-32-6.1). There is no separate pet-deposit clause. Since 1 July 2026, the landlord must return the deposit, or give written reasons for keeping it, within 21 days after the tenancy ends and it has your mailing address (SDCL § 43-32-24). On request, an itemised accounting is due within 45 days. A landlord who skips these steps forfeits the right to withhold, and bad faith adds punitive damages of up to 200 dollars (SDCL § 43-32-24). No statute addresses non-refundable pet fees or monthly pet rent.
Small landlords
State law exempts far fewer landlords than federal law does. Three of the Human Relations Act's housing bans, on refusing to rent, on unequal terms and on refusing reasonable modifications, do not apply to one kind of building (SDCL § 20-13-20). It is a dwelling with living quarters for no more than two families living independently, where the owner keeps one unit as a home. The same section, SDCL § 20-13-20, also leaves out school and college dormitories for unmarried students and houses of recognised fraternities and sororities. That is the whole list. Nothing matches the federal carve-outs for owner-occupied fourplexes and smaller, or for a house rented out by someone who owns three or fewer (42 U.S.C. § 3603(b)). A landlord who lives in your triplex or fourplex is covered by state law. A 2026 bill would have added both federal-style carve-outs, and it was tabled (2026 HB 1231).
If your landlord says no
South Dakota Division of Human Rights (Department of Labor and Regulation)
Phone: 605-773-3681 (TTY 711 · fax 605-773-6184 · 123 W. Missouri Ave., Pierre, SD 57501) · File a complaint
Deadline: 180 days after the discriminatory act (SDCL § 20-13-31). The charge must be written and verified, naming the landlord and setting out the facts (SDCL § 20-13-29). Housing charges go through the online e-sign Charging Party Intake Form; for a paper copy, call the Division rather than printing a blank one. The Division will help you draft the charge, and none of its pages or rules asks for a notary.
Court: Either side may choose a civil action instead of a hearing, no later than 20 days after the notice requiring the landlord to answer (SDCL § 20-13-35.1). The suit must then be filed within one year of that choice (SDCL § 20-13-35.1). The court can order injunctive relief, punitive damages for a violation of SDCL § 20-13-23.7, and attorney fees and costs in housing matters. Under federal law you also have two years to sue (42 U.S.C. § 3613(a)(1)(A)).
Retaliation: Any reprisal, economic or otherwise, against you for filing a charge, testifying or assisting is itself an unfair practice (SDCL § 20-13-26). A court can award punitive damages for it (SDCL § 20-13-35.1).
HUD does not list the Division as a Fair Housing Assistance Program partner, so a HUD complaint within one year runs on its own (42 U.S.C. § 3610(a)(1)(A)(i)). Since May 2026, HUD has limited its cause findings to trained animals. The Division decides charges under state law, whose accommodation duty has no training element (SDCL § 20-13-23.7). It has published nothing on support animals, so no outcome can be promised. Sioux Falls and Rapid City have city routes; see the city notes.
Your envelope, item by item
- A brief note to the landlord
- The signed letter
- What you can skip
- Keep a paper trail
Keep a dated copy of everything you send.
What to send your landlord
The request, the letter, and what happens next.
- 1
A brief note to the landlord
Keep it short and in writing. Tell the landlord you have a disability, identify the animal by name and species, and request an exception to the no-pets rule as a reasonable accommodation (SDCL § 20-13-23.7). Add a line asking them to waive any pet charges. Date the note and save a copy, because the 180-day limit starts at a refusal (SDCL § 20-13-31).
- 2
The signed letter
It comes from a clinician licensed in South Dakota, on letterhead, with the licence type and number, contact details, the evaluation date and a line saying it was by live video. Its body gives the two findings SDCL § 43-32-35 asks for: that you have a disability, and how it relates to your need for the animal. No diagnosis appears, and nothing on it suggests an expiry date.
- 3
What you can skip
ID cards, vests, online animal lists and fill-in-the-blank forms add nothing, because the state keeps no list of support animals. Where the landlord already knows of your disability and need, or both are obvious, no documentation can be demanded (SDCL § 43-32-34). You can still offer the letter if it moves things along.
- 4
Keep a paper trail
State law sets no date by which the landlord must answer. Ask for a written decision, and chase it in writing if it stalls. File the visit summary from your consultation with the letter. If the answer is no, or the deposits add up to more than one month's rent (SDCL § 43-32-6.1), write down the date. Sioux Falls renters also have a city option with a six-month limit; see the city notes.
If your housing provider questions the letter, your clinician responds directly at no extra cost.
South Dakota renters by city
The same rules from Sioux Falls to Pierre.
The same statute, the same deposit cap and the same 180-day clock apply in Sioux Falls, Rapid City, Aberdeen, Brookings, Watertown, Mitchell, Yankton and Pierre. A renter in any of them can file with the Division of Human Rights, whose office sits at 123 W. Missouri Ave. in Pierre, by calling 605-773-3681 or using its online form (SDCL § 20-13-31). Two cities add a local body. Sioux Falls Human Relations decides housing complaints under a city ordinance, and Rapid City's Community Relations Commission investigates and mediates them. Our clinicians meet you by live video, so a renter in Spearfish follows the same steps as one in Vermillion. That means a free screening and one live video consultation. If the clinician finds you qualify, the signed PDF usually arrives within 24 to 48 hours. Every ESA South Dakota answer on this page holds statewide. Students in campus housing at USD in Vermillion or SDSU in Brookings make the request through the university's accessibility office and housing staff. Away from home, an ESA has no right to enter shops or restaurants; that access is reserved for trained service animals (SDCL § 20-13-23.2). Since 2021, airlines may treat ESAs as pets.
- Sioux Falls
- Rapid City
- Aberdeen
- Brookings
- Watertown
- Mitchell
- Yankton
- Pierre
- Sioux Falls Inside city limits, renters can turn to Sioux Falls Human Relations, which handles housing discrimination complaints under Chapter 98 of the city ordinance; refusing an accommodation counts. Its limit is six months from the act. Complaints must be verified and notarised, and anonymous ones are not taken. Call 605-367-8745 or go to City Hall, 224 W. Ninth St. Choose one forum, because the city does not allow the same housing complaint to be filed with several agencies. The alternatives are the Division within 180 days (SDCL § 20-13-31), HUD, or a private suit. The city also prohibits retaliation against a tenant who asks for a disability accommodation.
- Rapid City Rapid City's Community Relations Commission investigates and mediates discrimination complaints inside city limits, housing and disability included. The city points residents to the City Attorney's Office, 605-394-4140, to start. The commission publishes no filing deadline, so keep the Division's 180-day limit in view while you talk to the city (SDCL § 20-13-31). If mediation does not settle it, the Division, HUD and the courts remain open.
Myths in South Dakota
Three things you will read elsewhere that are not South Dakota law.
Buying an ESA ID card, or listing your animal on an online database, makes it official in South Dakota.
FactThe state keeps no list of support animals, so a card or database entry proves nothing. An online registration or certificate is not documentation, and SDCL § 43-32-35 sets aside paperwork from a provider operating in the state "solely to provide certification for service or assistance animals". What counts is a licensed health care provider's confirmation of your disability and its link to the animal (SDCL §§ 43-32-34, 43-32-35).
South Dakota law stops landlords from charging pet fees or deposits for an emotional support animal.
FactNo statute says so. The ESA statute is silent on money, and the rule against extra charges applies to trained service animals in public places (SDCL § 20-13-23.2). A waiver is something you request as an accommodation (SDCL § 20-13-23.7). Your firmer protection is the deposit cap: one month's rent in total, a pet deposit included, returned or explained within 21 days (SDCL §§ 43-32-6.1, 43-32-24).
Your ESA letter has to come from an in-state therapist you have seen for months, and it has to be renewed every year.
FactThe ESA statute sets no therapeutic-relationship rule and no renewal (SDCL § 43-32-35). An in-state licence for the letter-writer was proposed in HB 1218 in 2023 and in an amendment to HB 1231 in 2026. Both bills failed, and HB 1231's one-year window went with it. Separately, a telehealth clinician examining you must hold a licence to practise in the state (SDCL § 34-52-2). That is why every letter for a renter here is written by a clinician licensed in South Dakota, or by a psychologist with PSYPACT authority (SDCL § 36-27B-1).
Task-trained dogs are a different document. If your dog performs trained tasks for a psychiatric disability, read about the psychiatric service dog (PSD) letter online, written after a real consultation.
Same price in every state
ESA letter for housing
$99 one time
Typical competitor price $159 — you save up to $60
The reasonable-accommodation letter you give your landlord, after a live clinical evaluation.
- Live video consultation
- Signed PDF on clinician letterhead
- License type, number and jurisdiction shown
- Landlord verification support included
ESA + PSD combination
$149 one time
Both letters from one course of care, including the consultations for each.
- Everything in the housing letter
- Psychiatric service dog letter included
- Both consultations with a licensed clinician
- One clinical record, two documents
PSD letter & consultation
$79 one time
For people who already have housing sorted and need psychiatric service dog documentation only.
- Live consultation with a licensed clinician
- Psychiatric service dog letter
- Disability-related task documented
- No housing letter included
Signed PDF within 24 to 48 hours of your consultation. Same-day evaluations are often available for early bookings. Read the guarantee and refund terms.
Why this letter holds up
Written to South Dakota's rules, by a clinician a landlord can check.
- The clinician. A clinician licensed in South Dakota evaluates you in a live video consultation. Clinical review of this page: Darren Rafel, LCSW.
- What the letter contains. Confirmation of a disability-related need for your animal, the animal it covers, and the clinician's licence type, number, jurisdiction and effective date, signed on letterhead. No diagnosis.
- How a landlord verifies it. The licence number is checked against the state licensing board; if they ask us, the clinician confirms the letter is genuine without disclosing anything else.
The refund terms, in full
- If you do not qualify. If the licensed clinician determines after your assessment that you do not meet the clinical criteria for an ESA or PSD letter, the assessment and letter fee is refunded in full. Requests must be made within 7 days of being notified that you did not qualify. The clinician's clinical determination is final.
- If your housing provider refuses the letter. If your landlord, property manager or housing authority refuses to accept the letter, you get a full refund. Contact us within 30 days of receiving your letter with the written denial (or reasonable evidence of the refusal), your full name and the letter's issue date. We first apply complimentary landlord verification support and contact the housing provider on your behalf; if the refusal stands, the refund is issued.
Read the exact terms. Money-back guarantee: full refund if you do not qualify, and a full refund if your housing provider refuses the letter.
What clients say
★★★★★I had a really positive experience from start to finish. The process was smooth, and I felt comfortable sharing everything without feeling rushed or judged. The questions were straightforward and easy to answer, and I really appreciated how respectful and understanding everyone was throughout the process. Having the opportunity to speak with a licensed professional afterward was also very helpful and added a lot of value to the experience. Overall, I’m very satisfied with the service
Hamza Khalid · Trustpilot, 2026-09
★★★★★Great service!! 5 stars hands down!
Jen Khan · Trustpilot, 2026-09
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South Dakota FAQ
South Dakota questions, answered from the statute.
What is an ESA letter for?
It is a housing document. When a landlord may ask for proof, the letter supplies what SDCL § 43-32-35 requires: a licensed provider's confirmation of your disability and its relationship to your need for the animal. You attach it to a request for a reasonable accommodation (SDCL § 20-13-23.7). It gives no right to bring the animal into shops or restaurants, and since 2021 airlines may treat ESAs as pets.
What qualifies for disability in South Dakota?
For an ESA, "a physical or mental impairment that substantially limits one or more major life activities" (SDCL § 43-32-33). This is not the Social Security disability test, and a diagnosis by itself does not prove it. A clinician has to find that the condition limits your daily life and that the animal helps. Not everyone qualifies. The evaluation costs $99. If the clinician finds you do not qualify, you can claim a full refund within 7 days.
What disqualifies a dog from being an emotional support animal?
Usually not the dog. No state statute sets a breed, size or number rule for a support animal. A refusal can stand where the accommodation would impose undue hardship (SDCL § 20-13-23.7), or in an exempt owner-occupied two-family dwelling (SDCL § 20-13-20). A knowingly false claim or fraudulent paperwork lets the landlord evict and seek a damage fee (SDCL § 43-32-36). Damage the dog causes can come out of your deposit (SDCL § 43-32-24).
Can you ask someone about their service dog?
A business may ask two things: whether the dog is a service animal, and what tasks it has been trained to do. The Division of Human Rights' guidance says staff may not ask about the disability, demand an ID card, require a demonstration or charge extra. Access depends on training (SDCL § 20-13-23.2), so an emotional support animal has no public-access right. Landlords follow a different rule (SDCL § 43-32-34).
What disqualifies a dog from being a service dog?
Missing task training. Since 1 July 2026, the state's misrepresentation offence defines a service animal as a dog trained to do work or perform tasks for a person with a disability (SDCL § 22-35-9). It adds that emotional support, well-being, comfort and companionship are not work or tasks. Public-access rights also turn on a dog trained for the purpose (SDCL § 20-13-23.2). A letter alone never turns a pet into a service dog.
How do you recognize a fake service dog?
Not by a vest or a card, since staff may ask only the two task questions. Since 1 July 2026, intentionally passing off an animal as a service animal in a public accommodation is a Class 2 misdemeanour (SDCL § 22-35-9). The penalty is up to 30 days in jail or a 500-dollar fine (SDCL § 22-6-2). Some online summaries cite SDCL § 20-13-23.13, which does not exist. Housing fraud is a separate rule (SDCL § 43-32-36).
How much does an ESA letter cost in South Dakota?
$99 for a housing letter, $149 together with a psychiatric service dog letter, or $79 for a PSD letter and consultation on its own. The consultation and landlord verification support are included, and the price is the same across every state.
Nearby states and resources
Moving across a state line changes the rules.
Sources
Every legal statement on this page, and where it comes from.
- SDCL §§ 43-32-33, 43-32-34 (SB 119, SL 2018, ch 259: emotional support animals within the definition; documentation only when the need is not readily apparent or already known) accessed 2026-10-27
- SDCL § 43-32-35 (what supporting documentation must confirm and who may issue it) accessed 2026-10-27
- SDCL § 43-32-36 (false claim or fraudulent documentation: eviction and a damage fee not exceeding one thousand dollars) accessed 2026-10-27
- SDCL § 43-32-6.1 (security deposit, however denominated, capped at one month's rent) accessed 2026-10-27
- SDCL § 43-32-24, as amended by SB 4, SL 2026, ch 179 (deposit returned or explained within 21 days; itemised accounting within 45 days) accessed 2026-10-27
- SDCL § 20-13-20 (unfair housing practices; owner-occupied two-family, dormitory and fraternity exemptions) accessed 2026-10-27
- SDCL § 20-13-21.1 (no duty to incur additional expenses; lease obligations unchanged) accessed 2026-10-27
- SDCL §§ 20-13-23.1, 20-13-23.2 (trained service animals in public places; no extra charge there) accessed 2026-10-27
- SDCL § 20-13-23.7 (good-faith efforts to reasonably accommodate unless undue hardship) accessed 2026-10-27
- SDCL §§ 20-13-29, 20-13-31 (verified, written charge; filed within 180 days) accessed 2026-10-27
- SDCL §§ 20-13-26, 20-13-35.1 (reprisals an unfair practice; civil action elected within 20 days, suit within one year, punitive damages, attorney fees) accessed 2026-10-27
- SDCL §§ 22-35-9, 22-6-2 (misrepresenting a service animal in a public accommodation, Class 2 misdemeanour from 1 July 2026; penalty) accessed 2026-10-27
- SDCL § 34-52-2 (telehealth: clinician fully licensed to practise in the state) accessed 2026-10-27
- SDCL § 34-52-3 (telehealth provider-patient relationship: identity, consent, diagnosis, follow-up care, visit summary) accessed 2026-10-27
- SDCL § 34-52-5 (face-to-face examination by real-time audio and video before diagnosis) accessed 2026-10-27
- SDCL § 36-27B-1 (Psychology Interjurisdictional Compact, PSYPACT; effective 1 July 2024) accessed 2026-10-27
- 2026 HB 1231 (in-state licence, one-year window and four-unit exemption proposed; tabled 11 February 2026) accessed 2026-10-27
- 2023 HB 1218 (in-state licence and online-source ban proposed; deferred to the 41st legislative day) accessed 2026-10-27
- South Dakota Division of Human Rights, intake forms (online e-sign housing charge form) accessed 2026-10-27
- South Dakota Division of Human Rights, service animals (two questions; no ID cards, demonstrations or extra fees) accessed 2026-10-27
- Sioux Falls Human Relations, complaints (six months; verified and notarised; no dual filing) accessed 2026-10-27
- Rapid City Community Relations Commission (investigates and mediates discrimination complaints) accessed 2026-10-27
- HUD list of Fair Housing Assistance Program agencies (no South Dakota agency) accessed 2026-10-27
- HUD FHEO enforcement memorandum, 22 May 2026 accessed 2026-10-27
- 42 U.S.C. §§ 3610, 3613 (HUD complaint within one year; private civil action within two years) accessed 2026-10-27
General information, not legal advice. Last reviewed 2026-10-27 by Darren Rafel, LCSW. Statutes change; we re-check each state page and record the date above.
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