Housing (Renters)

SB 209 authorizes local governments in South Dakota (like counties or municipalities) to create nonprofit "land banks" to address abandoned, blighted, or vacant properties. These land banks, established through a local ordinance, can acquire, manage, and develop such properties to return them to productive use - such as through redevelopment, sale, or lease. Key mechanisms include allowing land banks to sue, borrow funds, handle foreclosures, collect rent, and partner with other entities. The bill provides a clear legal framework for creating these entities but does not mandate their use or specify which properties qualify beyond the defined categories.

HB 1319 updates tax rules for new or renovated properties in designated areas. It allows county commissioners to use a special formula for up to five years after construction to partially or fully exclude new property value from taxes, but this applies only to specific qualifying properties like new industrial buildings ($30k+ value), affordable housing (meeting income rent limits), or commercial renovations ($30k+ value). The law explicitly excludes properties within tax increment financing districts from this tax relief. After five years, these properties must be taxed at standard rates like other properties. This directly affects developers and property owners building qualifying structures in eligible zones.

HB 1231 clarifies documentation requirements for renters with disabilities who need assistance animals (including emotional support, service, or therapy animals) in rental housing. Landlords may only request documentation confirming the tenant’s disability and need for the animal, issued by a licensed health provider within the past year (unless the disability is obvious or permanent). The documentation must include the provider’s license details, be based on a personal assessment, and cannot be required if the disability or need is already apparent. This bill directly affects renters with disabilities and landlords, while exempting small owner-occupied buildings (4 units or fewer) and single-family homes sold without agents. Violating these rules by providing false documentation may lead to eviction or a $1,000 fee.

SB 4 revises South Dakota's rules for security deposits in rental housing, directly affecting landlords and tenants. It requires landlords to return full deposits within 21 days of lease end or provide a written explanation for withholding, limited to unpaid rent, damages beyond normal wear and tear, or costs to restore the property. Landlords must also give tenants an itemized accounting of withheld amounts within 45 days of request. Failure to comply results in forfeiting all rights to withhold the deposit and potential $200 punitive damages for bad-faith retention.