South Dakota Section 8, Records & Right to Counsel
South Dakota rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No. South Dakota's housing discrimination law covers race, color, creed, religion, sex, ancestry, disability, familial status and national origin, but not source of income or vouchers. SDCL 20-13-20
The rules in South Dakota
| Statewide ban on refusing Section 8 / source of income | No. South Dakota's housing discrimination law covers race, color, creed, religion, sex, ancestry, disability, familial status and national origin, but not source of income or vouchers. Source: SDCL 20-13-20 |
|---|---|
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases. No right-to-counsel provision in the FED chapter. Source: SDCL Chapter 21-16 |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
South Dakota vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| South Dakota | No. South Dakota's housing discrimination law covers race, color, creed, religion, sex, ancestry, disability, familial status and national origin, but not source of income or vouchers. SDCL 20-13-20 | Not verified yet | No statewide right to counsel in eviction cases. SDCL Chapter 21-16 |
| Iowa | No. Iowa has no statewide source-of-income protection, and since Jan. 1, 2023 cities and counties may not adopt or enforce ordinances barring landlords from refusing to rent to someone because they use a federal Housing Choice Voucher (existing local ordinances became void). Iowa Code §364.3(16) (cities); §331.304(13) (counties) | No statute — the 2026 Iowa Code's forcible entry and detainer chapter (ch. 648) contains no sealing or record-removal provision. Bills to seal dismissed/defendant-won cases (HF 548, 2023) and to allow later sealing of nonpayment cases (HSB 261, 2025 study bill) were not found in the enacted Code. Iowa Code ch. 648 (section list checked) | No statewide right to counsel in eviction cases was found in Iowa Code ch. 648 or ch. 562A. Iowa Code ch. 648; ch. 562A (checked) |
| Minnesota | Yes. It is an unfair discriminatory practice to refuse to rent to, or discriminate in terms against, a person because of 'status with regard to public assistance.' That status includes being a tenant receiving federal, state or local subsidies, including rental assistance or rent supplements, such as Housing Choice vouchers. Minn. Stat. §§ 363A.09, subd. 1; 363A.03, subd. 47 | Yes (expungement). The court must expunge an eviction case without a motion if: the tenant won; the case was dismissed for any reason; the parties agreed; three years have passed since the eviction was ordered; or it is a qualifying foreclosure or contract-for-deed case. On the tenant's motion, the court must expunge if the case settled and the tenant met the settlement terms, or if the case was filed in violation of § 504B.285, subd. 1(b). The court may also expunge in its discretion when that is clearly in the interests of justice. A nonpayment complaint filed without the 14-day notice is dismissed and expunged. Minn. Stat. §§ 484.014, 504B.345, subd. 1(c), 504B.321, subd. 1(d) | Limited. Only tenants in HUD Section 9 public housing who face an eviction for breach of lease and cannot afford a lawyer have a right to court-appointed counsel. The first page of the complaint must include, in bold 12-point type: 'If financially unable to obtain counsel, the defendant has the right to a court-appointed attorney.' The court must offer appointed counsel at the first hearing. There is no general statewide right to counsel in nonpayment or other evictions. Minn. Stat. § 504B.268 (2023 c. 52, art. 19, § 89) |
| Montana | No. Montana's housing discrimination law covers sex, marital status, race, creed, religion, color, age, familial status, physical or mental disability, and national origin, but not source of income or housing vouchers. Mont. Code Ann. § 49-2-305 | No statute found providing for sealing or masking eviction court records. Mont. Code Ann. Title 70, Ch. 24 (section list reviewed) | No statewide right to counsel in eviction cases found. Mont. Code Ann. Title 70, Ch. 24 (no counsel provision) |
| Nebraska | No. The Nebraska Fair Housing Act covers race, color, religion, national origin, disability, familial status, sex, and military or veteran status, but not source of income or housing vouchers. Neb. Rev. Stat. § 20-318 | No statute. Bills to create a 'Residential Tenant Clean Slate Act' to seal certain eviction records have failed: LB92 (109th Legislature) was indefinitely postponed on Jan. 7, 2026. LB92 (109th Leg.) bill history; no sealing provision in Neb. Rev. Stat. §§ 76-1401 to 76-1449 | No statewide right to counsel in eviction cases found. Neb. Rev. Stat. §§ 76-1440 to 76-1447 (possession actions; no counsel provision) |
| North Dakota | Yes, for public assistance. Refusing to rent, or setting different terms, because of a person's 'status with respect to public assistance' is illegal. The definition expressly includes being a tenant who receives federal, state, or local subsidies, including rental assistance or rent supplements, so housing vouchers are covered. The law does not cover other lawful income in general. N.D.C.C. §§ 14-02.5-02, 14-02.5-03; § 14-02.4-02(19) | By motion only, not automatic. A person evicted for nonpayment or property damage who has resolved all rent and damage claims may ask the court to seal all records of the eviction 7 years after the eviction order was satisfied, if they have not been evicted from another property during those 7 years. A domestic violence victim evicted because of a DV incident may move to seal the records once the assailant is convicted of domestic violence or a protection or restraining order is issued against the assailant. N.D.C.C. § 47-32-05 | No statute. North Dakota has no statewide right to a lawyer in eviction cases. N.D.C.C. ch. 47-32 (no counsel provision) |
| Wyoming | No statewide source-of-income or voucher protection found. Wyo. Stat. 1-21-1201 to 1-21-1211 | Not verified yet | No statewide right to counsel in eviction cases. Tenants need not file a written answer to participate fully in the trial. Wyo. Stat. 1-21-1001 to 1-21-1017; 1-21-1004 |
City rules that may add to state law
More South Dakota rental law
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- South Dakota Repairs & Tenant Remedies
- South Dakota Rent Increase & Late Fee Laws
- Breaking a Lease in South Dakota
- Squatters' Rights in South Dakota
- South Dakota Rental Fee Rules
- South Dakota Mold, Pests, Heat & AC Rules
- South Dakota Privacy, Guests & Animal Rules
- South Dakota Landlord Selling the House
- South Dakota Lockouts, Utility Shutoffs & Retaliation
- South Dakota Subletting, Lease Endings & Tenant Death
- All South Dakota landlord-tenant rules
- Free legal help in South Dakota
Compare section 8, records & right to counsel in all 50 states and DC →
South Dakota Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in South Dakota?
No. South Dakota's housing discrimination law covers race, color, creed, religion, sex, ancestry, disability, familial status and national origin, but not source of income or vouchers. (SDCL 20-13-20)
Do tenants have a right to a free lawyer in eviction cases in South Dakota?
No statewide right to counsel in eviction cases. (SDCL Chapter 21-16)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.