Fair Housing Act Complaint - South Dakota

SOUTH DAKOTA HUMAN RELATIONS ACT HOUSING COMPLAINT (SDCL § 20-13-20)

1. CAPTION

STATE OF SOUTH DAKOTA

IN CIRCUIT COURT

[__________] JUDICIAL CIRCUIT

COUNTY OF [____________________]

Civ. No. [____________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Unfair or Discriminatory Housing Practice (SDCL § 20-13-20);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617);
3. Disability: Failure to Provide Reasonable Accommodation / Modification (SDCL ch. 20-13; 42 U.S.C. § 3604(f)). [if disability is at issue]

JURY TRIAL DEMANDED

Plaintiff, by and through undersigned counsel, alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], South Dakota, and a person aggrieved by an unfair or discriminatory practice within the meaning of SDCL ch. 20-13.

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns rights to housing or real property, or acts for an owner, within the meaning of SDCL § 20-13-20.

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory acts.

2.4. Doe Defendants. Plaintiff is presently unaware of the true names and capacities of Defendants sued as John Does 1-10 and will amend this Complaint when ascertained.

2.5. Subject property. The dwelling at issue is located at [PROPERTY ADDRESS] (the "Property") and is housing or real property within the meaning of SDCL § 20-13-20 and a "dwelling" under 42 U.S.C. § 3602(b).

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under Article V, § 5, of the South Dakota Constitution and SDCL ch. 20-13.

3.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [COUNTY] County under SDCL § 15-5-1 et seq. because the Property is located in this County and the discriminatory conduct occurred here.

3.4. Administrative posture / election of remedies. On or about [DATE], Plaintiff filed a charge of discrimination with the South Dakota Division of Human Rights. No later than 20 days after issuance of the notice requiring Defendant to answer the charge, [Plaintiff / Defendant] elected a civil action under SDCL § 20-13-35.1. DHR or the Commission issued its election notice on [DATE], and this state action was filed within one year after that notice. The state action was commenced as to Defendant by [service of summons on DATE / a qualifying attempt under SDCL § 15-2-31 on DATE followed by timely service].

4. FACTUAL ALLEGATIONS

4.1. The South Dakota Human Relations Act prohibits discrimination because of race, color, creed, religion, sex, ancestry, disability, or national origin, and (in the housing context) familial status (SDCL §§ 20-13-20, 20-13-20.1).

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., disability (________), race (________), creed, ancestry, national origin, sex, familial status].

4.4. Defendant engaged in one or more of the following unfair or discriminatory housing practices:

☐ Refusing to sell, rent, lease, assign, or sublease, or refusing to negotiate, any housing or real property (SDCL § 20-13-20)
☐ Discrimination in the price, terms, conditions, or privileges of sale, rental, or lease, or in services or facilities (SDCL § 20-13-20)
☐ Discriminatory notice, statement, or advertisement indicating a preference or limitation
☐ Misrepresenting that housing is unavailable when it is in fact available
☐ Steering, or inducing sale/rental by neighborhood-composition representations
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services — disability
☐ Refusal to permit a reasonable modification of the premises — disability
☐ Discrimination based on familial status (SDCL § 20-13-20.1)
☐ Harassment or creation of a hostile housing environment
☐ Retaliation against a person who filed a charge, testified, or assisted the Division of Human Rights
☐ Other state-protected-class discrimination (creed / ancestry): [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff is a person with a disability within the meaning of SDCL ch. 20-13 and 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance/support animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to respond / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — SOUTH DAKOTA HUMAN RELATIONS ACT (SDCL § 20-13-20)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more unfair or discriminatory housing practices prohibited by SDCL § 20-13-20 (and § 20-13-20.1 as to familial status) because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect.

5.4. Plaintiff is entitled to the relief available under SDCL ch. 20-13, including actual damages, injunctive and affirmative relief, and other relief authorized by statute.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). If a discriminatory housing practice is found, the court may award actual and punitive damages and appropriate injunctive or other relief under 42 U.S.C. § 3613(c)(1); the court may, in its discretion, allow the prevailing party reasonable attorney fees and costs under § 3613(c)(2).

7. COUNT III — DISABILITY: REASONABLE ACCOMMODATION / MODIFICATION (SDCL ch. 20-13; 42 U.S.C. § 3604(f))

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a disability under SDCL ch. 20-13 and 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the dwelling.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of SDCL § 20-13-20 and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to actual damages, injunctive relief (including an order compelling the accommodation/modification), and attorney fees and costs on the federal count.

8. DAMAGES

8.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity.

8.3. Punitive damages: under the federal FHA (42 U.S.C. § 3613(c)(1)) where Defendant acted with malice or reckless indifference.

8.4. Attorney fees and costs: under 42 U.S.C. § 3613(c)(2) and any fee provision available under SDCL ch. 20-13.

8.5. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants as supported by the pleaded claims, applicable law, and proof, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages on the federal FHA count;
• D. For a declaration that Defendants' conduct violated South Dakota and federal fair-housing laws;
• E. For permanent injunctive and affirmative relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For reasonable attorney fees and costs under all applicable fee-shifting statutes;
• G. For pre- and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

10. JURY TRIAL DEMAND

Plaintiff demands a jury trial on all issues triable of right by a jury under SDCL § 15-6-38(b).

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of South Dakota that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated herein are true of my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

Executed on [__/__/____] at [CITY], South Dakota.

[____________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], S.D. Bar No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. AFFIDAVIT OF INITIAL SERVICE

I, [SERVER NAME], being duly sworn, state that on [DATE] at [TIME], at [PLACE AND ADDRESS], I served the summons and this Complaint on [DEFENDANT NAME] by:

☐ Personal delivery to [NAME AND CAPACITY OF PERSON SERVED] under SDCL § 15-6-4(d).

☐ Mailing under SDCL § 15-6-4(i), with two copies of the notice and admission of service and a prepaid return envelope; the signed admission of service is attached.

Further service details: [________________________________].

[________________________________] [SERVER SIGNATURE]

Subscribed and sworn to before me on [DATE].

[________________________________] [NOTARY PUBLIC]

14. SOUTH DAKOTA PRACTICE NOTES

• Enforcing agency. The South Dakota Division of Human Rights (within the Department of Labor and Regulation) and the Commission of Human Rights administer and enforce the South Dakota Human Relations Act of 1972 (SDCL ch. 20-13).
• Protected classes (track federal + creed/ancestry). SDCL ch. 20-13: race, color, creed, religion, sex, ancestry, disability, and national origin. Familial status is protected in the housing context (SDCL § 20-13-20.1). South Dakota does NOT add sexual orientation, gender identity, source of income, or (for housing) age at the state level — confirm any applicable local ordinance.
• Administrative charge vs. court suit; election of remedies. Section 20-13-31 generally requires a charge within 180 days. Under § 20-13-35.1, either party may elect a civil action no later than 20 days after issuance of the notice requiring the respondent to answer; DHR or the Commission then issues written election notice, and the state action must be filed within one year after that notice. Under §§ 15-6-3 and 15-2-30, the summons must also be served to commence the action as to a defendant, subject to the qualifying-attempt procedure in § 15-2-31.
• Limitations periods.
• Division of Human Rights charge: generally 180 days from the discriminatory act.
• State circuit-court civil action: within one (1) year of the election of remedies (confirm exact triggering event and section number).
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Remedies and penalties. SDCL ch. 20-13 authorizes actual damages and injunctive/affirmative relief through the Division/Commission and circuit court. The federal FHA count permits punitive damages and lets the court award a prevailing party reasonable attorney fees and costs in its discretion; confirm the scope of state-law damages and fees before relying on them.
• Thin / unsettled points (FLAG). South Dakota has comparatively sparse reported state-court fair-housing case law, and the ch. 20-13 enforcement and limitations section numbers have been renumbered over time. Independently confirm the operative section numbers, the election-of-remedies mechanics, and the availability of compensatory/punitive damages and attorney fees on the state claim before filing.
• Removal exposure. A federal FHA count can support federal-question removal under 28 U.S.C. §§ 1331 and 1441. Pleading state counts alone does not ensure a state-court forum: diversity jurisdiction under § 1332 may also support removal, subject to § 1441(b)(2) if a properly joined and served defendant is a citizen of the forum state. Assess citizenship, amount in controversy, and other removal limits before selecting the claims.

15. SOURCES AND REFERENCES

• SDCL ch. 20-13 (South Dakota Human Relations Act; § 20-13-20 housing) — https://sdlegislature.gov/Statutes/20-13
• SD Department of Labor & Regulation — Human Rights, Laws & Rules — https://dlr.sd.gov/human_rights/laws_rules.aspx
• SD Division of Human Rights — Making a Discrimination Charge (PDF) — https://dlr.sd.gov/human_rights/publications/cplegalguide.pdf
• SD Division of Human Rights — Human Rights overview (PDF) — https://dlr.sd.gov/human_rights/publications/humanrights.pdf
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in South Dakota must review and customize this document before filing. Verify all SDCL section numbers, the election-of-remedies procedure, and court rules before use.