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Practice Of Real EstateFair HousingHARD

A property manager in Watertown, South Dakota, refuses to rent to an unmarried couple, citing a personal belief that only married couples should cohabitate. The couple files a housing discrimination complaint. Under South Dakota's Human Relations Act (SDCL Chapter 20-13), which analysis most accurately applies to this situation?

Correct Answer

D) The refusal is unlawful because marital status is a protected class under SDCL Chapter 20-13, and refusing to rent to unmarried couples constitutes prohibited discrimination.

Marital status is a protected class under South Dakota's Human Relations Act (SDCL Chapter 20-13). Refusing to rent to an unmarried couple solely because they are not married constitutes housing discrimination based on marital status under South Dakota state law. This is a state-specific protection that goes beyond the federal Fair Housing Act, which does not list marital status as a protected class at the federal level.

Answer Options
A
The refusal is lawful because South Dakota's religious freedom protections allow landlords to decline tenants based on sincerely held religious beliefs about marriage.
B
The refusal is lawful because marital status is not a protected class under South Dakota state fair housing law.
C
The refusal is unlawful only if the couple can prove the property manager treated married couples differently in a documented pattern of behavior.
D
The refusal is unlawful because marital status is a protected class under SDCL Chapter 20-13, and refusing to rent to unmarried couples constitutes prohibited discrimination.

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Related Topics & Key Terms

Key Terms:

marital_statusstate_protected_classesrental_discriminationsdcl_20_13

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