How can landlords and sellers offer incentives to tenants in accordance with Fair Housing Law?

Landlords and sellers in South Dakota must comply with the Fair Housing Law. This law generally prohibits them from discriminating against potential tenants on the basis of race, color, sex, religion, national origin, familial status, disability, age, or ancestry. Incentives offered to tenants can be used to encourage people to rent units and purchase properties, but landlords and sellers must ensure that any offers given do not reflect discriminatory practices. To help maintain compliance with the Fair Housing Law, it is important to understand what incentives are allowed and how they should be structured. Incentives such as rent discounts, reduced security deposits, free amenities, or other cost saving measures can be offered, provided that they are uniformly available to all tenants or buyers regardless of their protected class status. Incentives that offer preferential treatment to only certain individuals or groups should be avoided as it could be interpreted as a violation of the Fair Housing Law. It is also important to ensure that any incentives are applied consistently across all applicants and do not treat certain applicants differently. In order to adhere to the Fair Housing Act, landlords and sellers must ensure that any incentives they offer are consistent with the law and available to everyone, regardless of protected class status. By doing this, they can be sure that their practices are compliant and are not inadvertently discriminating against tenants and potential buyers.

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