AB714: Bill Text

LRB-3918/1

MIM:klm

2023 - 2024 LEGISLATURE

2023 Assembly BILL 714

November 27, 2023 - Introduced by Representatives Ratcliff, Joers, Drake, Stubbs, Conley, Snodgrass, Cabrera, Emerson, Shelton, Sinicki, Baldeh, Clancy, Madison, Palmeri, Ohnstad, Billings, Moore Omokunde, C. Anderson, J. Anderson, Jacobson and Vining, cosponsored by Senators Smith, L. Johnson, Spreitzer, Hesselbein, Agard, Larson and Taylor. Referred to Committee on Judiciary.

AB714,1,6 An Act to amend 66.1011 (1), 66.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1331 (2m), 66.1333 (3) (e) 2., 106.50 (1), 106.50 (6) (a) 1., 106.50 (6) (b), 106.50 (6) (d), 106.50 (6) (e) 1., 106.50 (6) (f) 5., 106.50 (6) (h), 106.50 (6) (i), 106.50 (6m) (a), 106.50 (6m) (d) and 106.50 (8) (a); and to create 106.50 (3) of the statutes; relating to: discrimination in housing based on prior eviction and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill provides that it is discrimination under the state open housing law for any person to do any of the following:

1. Inquire, whether orally or in writing, of a prospective tenant or any other individual about any eviction of a prospective tenant that occurred more than five years prior. The bill prohibits a person from asking a prospective tenant about prior evictions unless the person informs the prospective tenant that the prospective tenant does not need to disclose evictions more than five years old.

2. Refuse to rent housing to an individual, or otherwise treat an individual unequally in the terms, conditions, or privileges of rental of housing, because the individual was evicted from housing more than five years before the date of a rental application.

The open housing law is administered by the Department of Workforce Development, which receives, investigates, and evaluates complaints of violations and may order relief in appropriate cases. Persons who allege a violation of the open housing law may also bring a civil action.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB714,1 Section 1. 66.1011 (1) of the statutes is amended to read:

AB714,2,14 66.1011 (1) Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, disability, as defined in s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), religion, national origin, marital status, family status, as defined in s. 106.50 (1m) (k), status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), lawful source of income, age, or ancestry, or having a record of evictions that occurred more than 5 years prior is a matter both of statewide concern under ss. 101.132 and 106.50 and also of local interest under this section and s. 66.0125. The enactment of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and does not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances that prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.

AB714,2 Section 2. 66.1201 (2m) of the statutes is amended to read:

AB714,3,2 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor ; may not be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin; and may not be questioned about, or denied housing due to, evictions that occurred more than 5 years prior.

AB714,3 Section 3. 66.1213 (3) of the statutes is amended to read:

AB714,3,10 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor; may not be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin; and may not be questioned about, or denied housing due to, evictions that occurred more than 5 years prior.

AB714,4 Section 4. 66.1301 (2m) of the statutes is amended to read:

AB714,3,18 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility, or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor; may not be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin; and may not be questioned about, or denied housing due to, evictions that occurred more than 5 years prior.

AB714,5 Section 5. 66.1331 (2m) of the statutes is amended to read:

AB714,4,2 66.1331 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor; may not be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin; and may not be questioned about, or denied housing due to, evictions that occurred more than 5 years prior.

AB714,6 Section 6. 66.1333 (3) (e) 2. of the statutes is amended to read:

AB714,4,10 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor; may not be discriminated against because of sex, race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin; and may not be questioned about, or denied housing due to, evictions that occurred more than 5 years prior.

AB714,7 Section 7. 106.50 (1) of the statutes is amended to read:

AB714,5,2 106.50 (1) Intent. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry and it. It is also the declared policy of this state that individuals should not be denied rental housing based upon evictions that occurred more than 5 years prior. It is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences that are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be considered an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity, and human rights of the people of this state.

AB714,8 Section 8. 106.50 (3) of the statutes is created to read:

AB714,5,5 106.50 (3) Denial of rental housing based on eviction record. It is unlawful for any person to do any of the following:

AB714,5,13 (a) Inquire, whether orally or in writing, of a prospective tenant or any other individual about any eviction of the prospective tenant that occurred more than 5 years prior. If an owner, lessor, owner's agent, or lessor's agent inquires of a prospective tenant or any other individual about evictions of the prospective tenant, it is unlawful for the owner, lessor, owner's agent, or lessor's agent to fail to inform the prospective tenant or other individual that the prospective tenant or other individual is not required to disclose an eviction that occurred more than 5 years prior.

AB714,5,17 (b) Refuse to rent housing to an individual, or otherwise treat an individual unequally in the terms, conditions, or privileges of rental of housing, because of an eviction of the individual that occurred more than 5 years prior to the date of a rental application.

AB714,9 Section 9. 106.50 (6) (a) 1. of the statutes is amended to read:

AB714,5,22 106.50 (6) (a) 1. The department may receive and investigate a complaint charging a violation of sub. (2), (2m) or, (2r), or (3) if the complaint is filed with the department not later than one year after the alleged discrimination occurred or terminated.

AB714,10 Section 10. 106.50 (6) (b) of the statutes is amended to read:

AB714,6,11 106.50 (6) (b) Powers and duties of department. The department of workforce development and its duly authorized agents may hold hearings, subpoena witnesses, take testimony and make investigations as provided in this subsection. The department of workforce development may test and investigate for the purpose of establishing violations of sub. (2), (2m) or, (2r), or (3) and may make, sign and file complaints alleging violations of sub. (2), (2m) or , (2r), or (3). In addition, the department of safety and professional services may make, sign and file complaints alleging violations of sub. (2r) (c). The department of workforce development shall employ examiners to hear and decide complaints of discrimination under this section, and to assist in the administration of this section. The examiners may make findings and issue orders under this subsection. The department of workforce development shall develop and implement an investigation manual for use in conducting investigations under par. (c).

AB714,11 Section 11. 106.50 (6) (d) of the statutes is amended to read:

AB714,6,22 106.50 (6) (d) Temporary judicial relief. At any time after a complaint is filed alleging discrimination in violation of sub. (2), (2m), or (2r), or (3), the department may request the attorney general to file a petition in the circuit court for the county in which the act of discrimination allegedly occurred or for the county in which a respondent resides or transacts business, seeking a temporary injunction or restraining order against the respondent to prevent the respondent from performing an act that would tend to render ineffectual an order that the department may enter with respect to the complaint, pending final determination of proceedings under this section. On receipt of the department's request, the attorney general shall promptly file the petition.

AB714,12 Section 12. 106.50 (6) (e) 1. of the statutes is amended to read:

AB714,7,2 106.50 (6) (e) 1. Upon the filing of a complaint alleging discrimination in violation of sub. (2), (2m) or, (2r), or (3), the department may endeavor to eliminate the discrimination by conference, conciliation and persuasion. The department shall notify the parties that conciliation services are available.

AB714,13 Section 13. 106.50 (6) (f) 5. of the statutes is amended to read:

AB714,7,13 106.50 (6) (f) 5. If after the hearing the examiner finds by a fair preponderance of the evidence that the respondent has violated sub. (2), (2m) or, (2r), or (3), the examiner shall make written findings and order the respondent to take actions that will effectuate the purpose of sub. (2), (2m) or , (2r), or (3), and may order other penalties, damages and costs as provided in pars. (h) and (i). The department shall serve a certified copy of the final findings and order on the aggrieved party, the complainant and the respondent. The order shall have the same force as other orders of the department and be enforced as provided in this subsection except that the enforcement of the order is automatically stayed upon the filing of a petition for review under par. (j).

AB714,14 Section 14. 106.50 (6) (h) of the statutes is amended to read:

AB714,7,21 106.50 (6) (h) Damages and penalties. 1. If the hearing examiner finds that a respondent has engaged in or is about to engage in a discriminatory act prohibited under sub. (2), (2m) or, (2r), or (3), the hearing examiner shall promptly issue an order for such relief as may be appropriate, which may include economic and noneconomic damages suffered by the aggrieved person, regardless of whether he or she intervened in the action, and injunctive or other equitable relief. The hearing examiner may not order punitive damages.

AB714,8,9 2. In addition to any damages ordered under subd. 1., the hearing examiner may assess a forfeiture against a respondent who is not a natural person in an amount not exceeding $10,000, unless the respondent who is not a natural person has been adjudged to have committed any prior discriminatory act under sub. (2), (2m) or, (2r), or (3). If a respondent who is not a natural person has been adjudged to have committed one other discriminatory act under sub. (2), (2m) or, (2r), or (3) during the preceding 5-year period, based on the offense date of the prior discriminatory act, the hearing examiner may assess a forfeiture in an amount not exceeding $25,000. If a respondent who is not a natural person has been adjudged to have committed 2 or more prior discriminatory acts under sub. (2), (2m) or, (2r), or (3) during the preceding 7-year period, based on the offense date of the prior discriminatory act, the hearing examiner may assess a forfeiture in an amount not exceeding $50,000.

AB714,8,21 3. In addition to any damages ordered under subd. 1., the administrative law judge may assess a forfeiture against a respondent who is a natural person in an amount not exceeding $10,000, unless the respondent who is a natural person has been adjudged to have committed any prior discriminatory act under sub. (2), (2m) or, (2r), or (3). If a respondent who is a natural person has been adjudged to have committed one other prior discriminatory act under sub. (2), (2m) or, (2r), or (3) based on an offense date that is before September 1, 1992, the administrative law judge may assess a forfeiture in an amount not exceeding $25,000. If a respondent who is a natural person has been adjudged to have committed 2 or more prior discriminatory acts under sub. (2), (2m) or, (2r), or (3) based on an offense date that is before September 1, 1992, the administrative law judge may assess a forfeiture in an amount not exceeding $50,000.

AB714,15 Section 15. 106.50 (6) (i) of the statutes is amended to read:

AB714,9,2 106.50 (6) (i) Attorney fees and costs. The hearing examiner may allow a prevailing complainant, including the state, reasonable attorney fees and costs. The state shall be liable for those fees and costs if the state is a respondent and is determined to have committed a discriminatory act under sub. (2), (2m) or, (2r), or (3).

AB714,16 Section 16. 106.50 (6m) (a) of the statutes is amended to read:

AB714,9,7 106.50 (6m) (a) Any person alleging a violation of sub. (2), (2m), or (2r), or (3), including the attorney general on behalf of an aggrieved person, may bring a civil action for injunctive relief, for damages, including punitive damages, and, in the case of a prevailing plaintiff, for court costs and reasonable attorney fees.