Are landlords allowed to advertise properties only to certain groups in violation of Fair Housing Law?
The short answer is no. Federal and South Dakota Fair Housing Laws, which are enforced by the Department of Housing and Urban Development (HUD), prohibit landlords from advertising properties only to certain groups. Landlords may not refuse to rent, misrepresent availability, or advertise properties in a discriminatory manner. In South Dakota, the Fair Housing Law includes seven protected classes: race, color, national origin, sex, religion, familial status, and disability. This means that landlords cannot discriminate against individuals based on these protected classes when advertising or renting a property. For example, a landlord cannot advertise a property for rent with language like “available only to single women.” Similarly, a landlord cannot advertise a vacancy to everyone but one specific group, such as “apartment available to anyone but people of color.” Additionally, landlords cannot deny rental of a property to someone because of their membership in a protected class. For instance, if a potential tenant is disabled, the landlord must provide reasonable accommodations in order to meet the needs of the tenant. Failure to comply with these rules may result in legal penalties. Therefore, it is important for landlords to be aware of the Fair Housing Laws and to ensure that their rental practices are in compliance. In general, landlords should advertise properties to all groups in an equal and non-discriminatory manner. Doing so will help them to avoid potential legal issues and will help ensure that all individuals are treated fairly and equally.
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