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Registering an Emotional Support Animal in South Dakota, Under SDCL 43-32

South Dakota wrote emotional support animals into its landlord-tenant law in 2018. Here's what Sections 43-32-33 to 43-32-36 mean for renters in Sioux Falls, Rapid City, and Brookings.

Published October 15, 2026

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SDCL 43-32-33 to 43-32-36

South Dakota's rental documentation rules. For these sections an emotional support animal counts as a service animal. A landlord may ask for documentation from a licensed health care provider confirming your disability and how it relates to the animal, unless the need is readily apparent or already known, and a knowingly false claim can lead to eviction and a damage fee of up to $1,000.

Fair Housing Act, 42 U.S.C. § 3601 et seq.

The federal law whose reasonable-accommodation duty courts have long read to cover emotional support animals. South Dakota's statute works alongside it.

South Dakota names emotional support animals in its own landlord-tenant law. SDCL 43-32-33 brings an animal that serves as an emotional support animal for a person with a disability inside the rental rules that follow it, and §§ 43-32-34 and 43-32-35 say what a landlord may ask for and who can provide it.

Your certificate and wallet ESA Card go alongside that letter for the everyday moments; the letter is what your landlord evaluates. South Dakota sets no waiting period: it is not one of the four states with a 30-day law (California and Arkansas for emotional support dogs, Louisiana and Montana for any animal).

What South Dakota's SDCL 43-32 says, section by section

  • Who the rules cover (§ 43-32-33). An animal that serves a person with a disability as an emotional support animal, therapy animal, or assistance animal, and a disability means an impairment that substantially limits one or more major life activities.
  • When a landlord can ask (§ 43-32-34). If you assert a disability that requires the animal as an accommodation, the landlord may require reliable supporting documentation, but not when your disability or need is readily apparent or already known.
  • Who writes it (§ 43-32-35). A licensed health care provider who does not operate in South Dakota solely to provide certification for service or assistance animals.
  • What it must say (§ 43-32-35). It confirms your disability and the relationship between the disability and the need for the accommodation.
  • Honesty is enforced (§ 43-32-36). Knowingly making a false claim or providing fraudulent documentation lets the landlord evict and collect a damage fee of up to $1,000.

South Dakota's 2018 rules have survived two attempts to change them

Lawmakers have tried to rewrite these sections twice since 2018. A 2023 House bill on ESA documentation was deferred in committee, and a 2026 House bill that would have narrowed which rentals must grant an assistance animal was tabled in February 2026. The 2018 text is still the law, and a qualified provider who evaluates you can document the need the same day.

How to get an ESA letter in South Dakota

  1. Ask the clinician who already knows you. A South Dakota therapist, psychologist, nurse practitioner, or physician can often write the letter at a regular visit. Bring our free sample ESA letter so it confirms both the disability and the need, the two things § 43-32-35 asks for.
  2. No current provider? Get a real evaluation. Choose a clinician licensed in South Dakota who meets you live, by video or in person, and gives you a license number you can look up.
  3. Students: use the campus process. South Dakota State and University of South Dakota housing run their own accommodation requests, so send the letter in with your housing application.

With your letter in hand, our instant registration kit takes about 3 minutes at /register: pet details and a photo, never a health question. It gives you a Certificate of Registration and a wallet ESA Card for the everyday moments, emailed as two print-ready documents. It goes beside your clinician's letter, never in place of it.

Give your companion the card

Register your emotional support animal in about 3 minutes. Your Certificate of Registration and wallet ESA Card arrive by email as two print-ready PDFs, backed by a 30-day guarantee.

Register My Emotional Support Animal

About 3 minutes · Instant digital delivery

30-day money-back guarantee, no questions asked.
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What the letter changes at a South Dakota rental

  • No-pet buildings must consider your request. Under SDCL 43-32 and the FHA, a request backed by a licensed provider's documentation is evaluated on its facts.
  • Pet fees are often waived. Many landlords waive pet fees for an ESA with a clinician's letter; rules vary by state and building, so ask yours.
  • Breed and weight limits often bend. Many landlords set aside breed and weight limits for an ESA with a clinician's letter; rules vary by state and building, so ask yours.
  • You still pay for damage. A waived pet fee doesn't waive responsibility for what your animal damages.

What a South Dakota landlord can and can't ask

A landlord may ask for documentation when your need isn't apparent or known, and may confirm the provider's license. A landlord may not require documentation when the need is readily apparent or already known, demand your diagnosis or medical records, or charge a fee to process the request. If a properly documented request is refused, answer in writing, cite SDCL 43-32-34 and the FHA, and keep every reply. A complaint to the South Dakota Division of Human Rights must be filed within 180 days, and the federal FHA allows a private lawsuit within two years.

No South Dakota ESA registry (and what a card is for)

South Dakota keeps no ESA registry, and neither does the federal government. An ESA has housing rights, not public-access rights: it can't come into restaurants or stores the way a trained service animal can, and since early 2021 ESAs fly as pets under each airline's pet policy.

The $39$59$79$99 Digital Kit covers one animal: a Certificate of Registration and a wallet ESA Card, sent as two print-ready documents, plus a listing at /verify, with a 30-day money-back guarantee. The $69$89$109$129 Complete Kit adds both in print, posted to US addresses; the pricing page compares the two.

South Dakota emotional support animal letter FAQs

Under SDCL 43-32-35, a licensed health care provider who does not operate in South Dakota solely to provide certification for service or assistance animals. The documentation must confirm your disability and how it relates to your need for the animal.