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Register November 2006 No. 611
Chapter DWD 220
FAIR HOUSING
DWD 220.01 Purpose.
DWD 220.02 Definitions.
DWD 220.03 Housing for older persons; exemptions and exclusions.
DWD 220.04 Complaints.
DWD 220.05 Preliminary review of complaints.
DWD 220.06 Testing.
DWD 220.07 Investigations.
DWD 220.08 Initial determinations.
DWD 220.09 Appeal of initial determination of no probable cause.
DWD 220.10 Conciliation.
DWD 220.11 Charge of discrimination.
DWD 220.12 Election of civil action; certification to hearing.
DWD 220.13 Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing.
DWD 220.14 Notice of hearing.
DWD 220.15 Answer.
DWD 220.16 Pre-hearing conference.
DWD 220.17 Subpoenas and motions.
DWD 220.18 Pre-hearing discovery.
DWD 220.19 Disqualification of the administrative law judge.
DWD 220.20 Exchange of names of witnesses and copies of exhibits.
DWD 220.21 Hearing.
DWD 220.22 Record of hearing.
DWD 220.23 Decision and order.
DWD 220.24 Judicial review.
DWD 220.25 Filing of documents by facsimile transmission or electronic mail.
Ch. DWD 220 Note Note: Chapter Ind 89 as it existed on September 30, 1994 was repealed and a new chapter ILHR 220 was created effective October 1, 1994. Chapter ILHR 220 was renumbered chapter DWD 220 under s. 13.93 (2m) (b) 1. and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, November, 1997, No. 503.
DWD 220.01 DWD 220.01 Purpose. The purpose of this chapter is to implement the laws prohibiting discrimination in housing and to provide an impartial and speedy procedure for resolving disputes of alleged housing discrimination.
DWD 220.01 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94.
DWD 220.02 DWD 220.02 Definitions. In addition to those terms defined in s. 106.50, Stats., the following are definitions for terms used in this chapter:
DWD 220.02(1) (1) "Act" means s. 106.50, Stats., unless the context requires otherwise.
DWD 220.02(2) (2) "Administrative law judge" means the examiner appointed to conduct hearings under s. 106.50, Stats.
DWD 220.02(3) (3) "Conciliation agreement" means a written agreement setting forth the resolution of the issues in conciliation.
DWD 220.02(4) (4) "Day", when used in time computations in this chapter, means a calendar day, except that if the last day of the time period is a Saturday, Sunday or legal holiday, the last day shall be the next business day.
DWD 220.02(5) (5) "Department" means the department of workforce development.
DWD 220.02(6) (6) "Division" means the equal rights division of the department.
DWD 220.02(7) (7) "Filing" means the physical receipt of a document at any division office.
DWD 220.02(8) (8) "Lawful source of income" includes, but is not limited to, lawful compensation or lawful remuneration in exchange for goods or services provided; profit from financial investments; any negotiable draft, coupon or voucher representing monetary value such as food stamps; social security; public assistance; unemployment compensation or worker's compensation payments.
DWD 220.02(9) (9) "Licensing or chartering agencies" means those regulatory agencies established under state law to license persons to perform activities which are covered by the act.
DWD 220.02(10) (10) "Person" includes, but is not limited to, one or more individuals, partnerships, associations, corporations, joint-stock companies, trusts, unincorporated organizations, legal representatives, trustees, or trustees or receivers in bankruptcy.
DWD 220.02(11) (11) "Probable cause" means a reasonable ground for belief, supported by facts and circumstances strong enough in themselves to warrant a prudent person to believe, that discrimination probably has been or is being committed. In making a determination of probable cause, the department shall consider whether the facts concerning the alleged discrimination are sufficient to warrant the initiation of a civil action.
DWD 220.02(12) (12) "Reasonable cause," when used in s. 106.50 (6m) (d), Stats., means probable cause, as defined in sub. (11).
DWD 220.02(13) (13) "Receipt of service" means either the date that a document is delivered by certified mail or the date that the division is notified by the U.S. postal service that it was unable to deliver the document by certified mail.
DWD 220.02(14) (14) "Test" means a simulation of any transaction covered by the act for the purpose of comparing the responses given by persons such as landlords, sellers of real estate, and lenders of money for real estate to individuals such as renters or buyers of real estate or borrowers of money for real estate, to determine whether housing discrimination as defined under s. 106.50 (2), (2m) or (2r), Stats., is being or has been committed.
DWD 220.02 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94; corrections in (intro.), (1), (2), (12) and (14) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540; CR 06-062: am. (11) Register November 2006 No. 611, eff. 12-1-06.
DWD 220.03 DWD 220.03 Housing for older persons; exemptions and exclusions.
DWD 220.03(1) (1)Certification that housing is for older persons. Housing primarily intended and primarily operated for occupancy by at least one person 55 years of age or older per dwelling unit may qualify as housing for older persons entitled to the exemption under s. 106.50 (5m) (a) 1e., Stats., only if that housing actually satisfied all of the factors required for such housing by s. 106.50 (5m) (a) 1e., Stats., at the time that the alleged discriminatory housing practice occurred.
DWD 220.03(2) (2)Exemptions from occupancy requirements. Housing shall not fail to qualify for the exemptions and exclusions for housing for older persons set forth in s. 106.50 (5m) (a) 1. and 1e. b., Stats., by reason of either of the following:
DWD 220.03(2)(a) (a) The existence of unoccupied units, provided that such units are reserved for occupancy by persons 55 years of age or over.
DWD 220.03(2)(b) (b) The occupancy of one or more units by bona fide employees of the housing (and family members renting in the same unit) who are under 55 years of age, provided that they perform substantial duties directly related to management or maintenance of the housing.
DWD 220.03 History History: Cr. Register, September, 1994, No. 465, eff. 10-1-94; corrections in (1) and (2) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 2000, No. 540.
DWD 220.04 DWD 220.04 Complaints.
DWD 220.04(1)(1)Who may file complaints. A complaint may be filed by any person or by the person's duly authorized representative. A complaint filed by a representative shall state that the representative is authorized to file the complaint.
DWD 220.04(2) (2)Persons against whom complaints may be filed. A complaint may be filed against any person alleged to be engaged or to have engaged in a discriminatory housing practice prohibited under the act.
DWD 220.04(3) (3)Where to file complaints.
DWD 220.04(3)(a)(a) A complaint may be filed in person with any division office, or it may be mailed or sent by facsimile transmission to one of the following division offices:
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