106.04(2r)(a)4.a.
a. Housing that is first ready for occupancy on or after October 1, 1993, consisting of 3 or more dwelling units if the housing has one or more elevators.
106.04(2r)(a)4.b.
b. Grade-level dwelling units, in housing without elevators, that are first ready for occupancy on or after October 1, 1993, consisting of 3 or more dwelling units.
106.04(2r)(a)5.
5. "Remodeling" means to substantially improve, alter, extend or otherwise change the structure of a building or change the location of exits, but shall not include maintenance, redecoration, reroofing or alteration of mechanical or electrical systems.
106.04(2r)(a)6.
6. "Vehicular route" means a route intended for vehicular traffic including, but not limited to, a street, driveway or parking lot.
106.04(2r)(b)
(b)
Types of discrimination prohibited. In addition to discrimination prohibited under
subs. (2) and
(2m), no person may do any of the following:
106.04(2r)(b)1.
1. Segregate, separate, exclude or treat unequally in the sale or rental of, or otherwise make unavailable or deny, housing to a buyer or renter because of a disability of that buyer or renter, a disability of a person residing in or intending to reside in that housing after it is sold, rented or made available or a disability of a person associated with that buyer or renter.
106.04(2r)(b)2.
2. Segregate, separate, exclude or treat unequally a person in the terms, conditions or privileges of sale or rental of housing, or in the provision of services or facilities in connection with such housing, because of a disability of that person, a disability of a person residing in or intending to reside in that housing after it is sold, rented or made available or a disability of a person associated with that person.
106.04(2r)(b)3.
3. Refuse to permit, at the expense of a person with a disability, reasonable modifications of existing housing that is occupied, or is to be occupied, by such a person if the modifications may be necessary to afford the person full enjoyment of the housing, except that in the case of rental housing the landlord may, where it is reasonable to do so, condition permission for a modification on the tenant's agreement to restore the interior of the housing to the condition that existed before the modification, other than reasonable wear and tear. The landlord may not increase any customarily required security deposit. Where it is necessary to ensure that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of a restoration agreement a requirement that the tenant pay into an interest-bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. If escrowed funds are not used by the landlord for restorations, they shall be returned to the tenant.
106.04(2r)(b)4.
4. Refuse to make reasonable accommodations in rules, policies, practices or services that are associated with the housing, when such accommodations may be necessary to afford the person equal opportunity to use and enjoy housing, unless the accommodation would impose an undue hardship on the owner of the housing.
106.04(2r)(bm)1.1. If an individual's vision, hearing or mobility is impaired, it is discrimination for a person to refuse to rent or sell housing to the individual, cause the eviction of the individual from housing, require extra compensation from an individual as a condition of continued residence in housing or engage in the harassment of the individual because he or she keeps an animal that is specially trained to lead or assist the individual with impaired vision, hearing or mobility if all of the following apply:
106.04(2r)(bm)1.a.
a. Upon request, the individual shows to the lessor, seller or representative of the condominium association credentials issued by a school recognized by the department as accredited to train animals for individuals with impaired vision, hearing or mobility.
106.04(2r)(bm)1.b.
b. The individual accepts liability for sanitation with respect to, and damage to the premises caused by, the animal.
106.04(2r)(bm)2.
2. Subdivision 1. does not apply in the case of the rental of owner-occupied housing if the owner or a member of his or her immediate family occupying the housing possesses and, upon request, presents to the individual a certificate signed by a physician which states that the owner or family member is allergic to the type of animal the individual possesses.
106.04(2r)(c)
(c)
Design and construction of covered multifamily housing. In addition to discrimination prohibited under
pars. (b) and
(bm) and
subs. (2) and
(2m), no person may design or construct covered multifamily housing unless it meets all of the following standards:
106.04(2r)(c)1.
1. There is at least one accessible entrance for each building and that entrance is on an accessible route. All other entrances that are at grade level shall be accessible to the greatest extent feasible. The department shall promulgate rules that define "to the greatest extent feasible" to ensure maximum accessibility in a way that is not disproportionate to the entire project's cost and scope. If the covered multifamily housing units are at grade level and are served by separate entrances, each unit shall be on an accessible route. If the units have a minimum number of required exits, as determined by rules that shall be promulgated by the department, all required grade-level exits shall be accessible.
106.04(2r)(c)2.
2. Public and common use areas are accessible to persons with disabilities.
106.04(2r)(c)3.
3. Interior and exterior doors, and interior passages, are sufficiently wide to allow passage by persons with disabilities who use wheelchairs.
106.04(2r)(c)4.
4. Light switches, electrical outlets, circuit controls, thermostats and other environmental controls are all located in accessible locations; reinforcements in bathroom walls are installed to allow later installation of grab bars around the toilet, tub, shower stall and shower seat, when such facilities are provided; kitchens and bathrooms allow an individual in a wheelchair to maneuver about the space; and, upon the request of a renter and without cost to a renter, lever door handles are on all doors and single lever controls, or other controls that are approved by the department by rule, are on all plumbing fixtures used by residents.
106.04(2r)(d)1.1. If more than 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the entire housing shall conform to the standards in
par. (c), regardless of when the housing was first intended for occupancy.
106.04(2r)(d)2.
2. If 25% to 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, that part of the housing that is to be remodeled shall conform to the standards in
par. (c), regardless of when the housing was first intended for occupancy.
106.04(2r)(d)3.
3. If less than 25% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the remodeling is not subject to the standards in
par. (c) unless the alteration involves work on doors, entrances, exits or toilet rooms, in which case the doors, entrances, exits or toilet rooms shall conform to the standards in
par. (c) regardless of when the housing was first intended for occupancy.
106.04(2r)(d)4.
4. The department may grant a variance or waiver from the requirements under this paragraph relating to exterior accessibility using the standards and procedures under
par. (e).
106.04(2r)(e)1.1. Plans and specifications for all covered multifamily housing subject to
par. (c) and proposed remodeling subject to
par. (d) shall be submitted to the department or its authorized representative for examination and approval before commencing work. The department shall promulgate rules that specify the materials to be included in the submittal, the procedures to be followed upon receipt of a submittal, reasonable time limitations for reviewing submittals and issuing or denying permits and qualifications for authorized representatives.
106.04(2r)(e)2.
2. The department may grant a variance from the requirements relating to exterior accessibility under
par. (c) 1. or
(d), or from administrative rules promulgated under
sub. (1s), if the person designing, constructing or remodeling the housing shows that meeting those requirements is impractical because of the terrain or unusual characteristics of the site. The department shall use a slope analysis of the undisturbed site for covered multifamily housing under
par. (c) or the existing site for remodeling under
par. (d) to determine the minimum number of accessible entrances at each site, with a minimum goal of exterior accessibility of 50% of the dwelling units of covered multifamily housing at one site. The department may impose specific conditions in granting a variance to promote exterior accessibility of the housing to persons with disabilities. If the department finds that exterior accessibility is impractical as to all dwelling units at a site, it may grant a waiver from the requirements under
par. (c) 1. or
(d).
106.04(2r)(f)1.1. Except as provided in
subd. 2., covered multifamily housing and remodeled housing are accessible for purposes of this subsection if they comply with one of the following:
106.04(2r)(f)1.b.
b. Final guidelines issued by the federal department of housing and urban development, published in the federal register on March 6, 1991.
106.04(2r)(f)1.c.
c. Another standard that affords persons with disabilities access that is essentially equivalent to or greater than that required by ANSI A117.1.
106.04(2r)(f)2.
2. Subdivision 1. does not apply to remodeled or covered multifamily housing for which a building permit is issued on or after the first day of the 7th month beginning after the effective date of administrative rules promulgated by the department under this subsection establishing the accessibility standards for design and construction under
par. (c).
106.04(2r)(g)1.1. The requirements under this subsection are in addition to, and do not supplant, the requirements under
s. 101.13 relating to the use of public buildings by persons with disabilities. Any conflict between this subsection and
s. 101.13 or the rules promulgated under
s. 101.13 shall be resolved in favor of the provision providing the greatest degree of access by persons with disabilities, as determined by the department.
106.04(2r)(g)2.
2. The department shall promulgate rules establishing minimum accessibility requirements for design and construction of covered multifamily housing and the remodeling of housing that are consistent with this subsection, that incorporate the applicable standards under ANSI A117.1 and that set forth permit and variance procedures for purposes of
par. (e).
106.04(2r)(g)3.
3. The department shall promulgate rules creating standards for interior and exterior accessibility of grade level portions of multilevel dwelling units without elevators in any housing consisting of 3 or more dwelling units with separate exterior entrances. The rules shall ensure that access to a grade-level floor is provided to at least 25% of the dwelling units first ready for occupancy on or after the effective date of the rule.
106.04(5m)(a)1.1. Nothing in this section prohibits discrimination based on age or family status with respect to housing for older persons.
106.04(5m)(a)1e.
1e. Under this paragraph, housing under
sub. (1m) (m) 3. may qualify as housing for older persons only if the owner of the housing provides the department with written certification that all of the following factors apply to the housing:
106.04(5m)(a)1e.a.
a. There exists significant facilities and services specifically designed to meet the physical or social needs of older persons under
sub. (1m) (m) 3.
106.04(5m)(a)1e.c.
c. Policies are published and procedures are adhered to that demonstrate an intent by the owner or manager to provide housing under
sub. (1m) (m) 3. for persons 55 years of age or older.
106.04(5m)(a)1m.
1m. No person may discriminate by refusing to continue renting to a person living in housing for older persons under
sub. (1m) (m) 3. who is subject to a hardship condition.
106.04(5m)(a)2.
2. Under this paragraph, housing may qualify as housing for older persons with respect to persons first occupying the housing on or after September 1, 1992, regardless of whether a person who had not attained the age of 62 resided in the housing on that date or regardless of whether one or more dwelling units were unoccupied on that date, if the persons who first occupy the housing on or after that date have attained the age of 62.
106.04(5m)(b)
(b) Nothing in this section shall prohibit a person from exacting different or more stringent terms or conditions for financing housing based on the age of the individual applicant for financing if the terms or conditions are reasonably related to the individual applicant.
106.04(5m)(c)
(c) Nothing in this section shall prohibit the development of housing designed specifically for persons with disabilities and preference in favor of persons with disabilities in relation to such housing.
106.04(5m)(d)
(d) Nothing in this section requires that housing be made available to an individual whose tenancy would constitute a direct threat to the safety of other tenants or persons employed on the property or whose tenancy would result in substantial physical damage to the property of others, if the risk of direct threat or damage cannot be eliminated or sufficiently reduced through reasonable accommodations. A claim that an individual's tenancy poses a direct threat or a substantial risk of harm or damage must be evidenced by behavior by the individual which caused harm or damage, which directly threatened harm or damage or which caused a reasonable fear of harm or damage to other tenants, persons employed on the property or the property. No claim that an individual's tenancy would constitute a direct threat to the safety of other persons or would result in substantial damage to property may be based on the fact that a tenant has been or may be the victim of domestic abuse, as defined in
s. 813.12 (1) (a).
106.04(5m)(e)
(e) It is not discrimination based on family status to comply with any reasonable federal, state or local government restrictions relating to the maximum number of occupants permitted to occupy a dwelling unit.
106.04(5m)(em)1.1. Subject to
subd. 2., nothing in this section applies to a decision by an individual as to the person with whom he or she will, or continues to, share a dwelling unit, as defined in
s. 101.71 (2) except that dwelling unit does not include any residence occupied by more than 5 persons.
106.04(5m)(em)2.
2. Any advertisement or written notice published, posted or mailed in connection with the rental or lease of a dwelling unit under
subd. 1. may not violate
sub. (2) (d),
42 USC 3604 (c), or any rules or regulations promulgated under this section or
42 USC 3601 to
3619, except that such an advertisement or written notice may be for a person of the same sex as the individual who seeks a person to share the dwelling unit for which the advertisement or written notice is placed.
106.04(5m)(f)
(f) Nothing in this section prohibits an owner or agent from requiring that a person who seeks to buy or rent housing supply information concerning family status and marital, financial and business status but not concerning race, color, physical condition, disability, sexual orientation, age, ancestry, national origin, religion or creed.
106.04(6)
(6) Fair housing administrative enforcement. 106.04(6)(a)1.1. The department may receive and investigate a complaint charging a violation of
sub. (2),
(2m) or
(2r) if the complaint is filed with the department not later than one year after the alleged discrimination occurred or terminated.
106.04(6)(a)2.
2. The complaint shall include a written statement of the essential facts constituting the discrimination that is charged, and shall be signed by the complainant.
106.04(6)(a)3.
3. The complaint may be filed by an aggrieved person, by an interested person, or by the department under
par. (b). The department shall, upon request, provide appropriate assistance in completing and filing complaints.
106.04(6)(a)4.
4. The department shall serve notice on the aggrieved person acknowledging the filing of the complaint and advising the complainant of the time limits and choice of forums provided under this subsection and the right to bring a private civil action under
sub. (6m).
106.04(6)(a)5.
5. Upon the filing of an initial, amended, final or supplemental complaint, the department shall promptly serve a copy of the complaint upon the respondent, except where testing may be conducted. The initial complaint shall be served before the commencement of the investigation by the department, except where testing may be conducted. The notice shall be sent by certified mail, return receipt requested. The notice to the respondent shall include a written statement from the department directing the respondent to respond in writing to the allegations in the complaint within 20 days after the date of the notice and further stating that, if the respondent fails to answer the complaint in writing, the department will make an initial determination as to whether discrimination has occurred based only on the department's investigation and the information supplied by the complainant.
106.04(6)(a)6.
6. The department may dismiss the complaint if the complainant fails to respond to the department within 20 days from the date of mailing of any correspondence from the department concerning the complaint, if the department's correspondence requests a response and if the correspondence is sent by certified mail, return receipt requested, to the last known-address of the complainant.
106.04(6)(b)
(b)
Powers and duties of department. The department and its duly authorized agents may hold hearings, subpoena witnesses, take testimony and make investigations as provided in this subsection. The department may test and investigate for the purpose of establishing violations of
sub. (2),
(2m) or
(2r) and may make, sign and file complaints alleging violations of
sub. (2),
(2m) or
(2r). The department 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 shall develop and implement an investigation manual for use in conducting investigations under
par. (c).
106.04(6)(c)
(c)
Investigation and finding of probable cause. 106.04(6)(c)1.1. The department shall investigate all complaints that allege a violation of this section and that are filed within the time specified under
par. (a). The department may subpoena persons or documents for the purpose of investigation. If during an investigation it appears that the respondent has engaged in discrimination against the complainant which is not alleged in the complaint, the department may advise the complainant that the complaint should be amended. If the complaint is amended, the department shall also investigate the allegations of the amended complaint.
106.04(6)(c)2.
2. At the conclusion of the investigation of the allegations, the department shall make a determination as to whether probable cause exists to believe that discrimination has occurred or is about to occur. 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. If the department determines that probable cause exists, the department shall immediately issue a charge on behalf of the aggrieved person. Service of copies of the charge shall be made on the complainant, the respondent and the aggrieved person by certified mail, return receipt requested. When a charge is filed, a complainant, a respondent or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action under
sub. (6m) in lieu of a hearing under
par. (f). The election shall be made no later than 20 days after the receipt by the electing person of service of the charge, along with information about how to make the election. If an election is made, the person making the election shall give notice of doing so to the department and to all other complainants and respondents to whom the charge relates. The department shall notify the aggrieved persons that an election is made.
106.04(6)(c)3.
3. No charge may be issued regarding alleged discrimination after the beginning of the trial of a civil action commenced by the aggrieved party under
sub. (6m) or
42 USC 3613, seeking relief with respect to that discriminatory act.
106.04(6)(c)4.
4. If the department initially determines that there is no probable cause to believe that discrimination occurred as alleged in the complaint, it may dismiss those allegations. The department shall, by a notice to be served with the determination, notify the parties of the complainant's right to appeal the dismissal of the claim to the secretary for a hearing on the issue by a hearing examiner. Service of the determination shall be made by certified mail, return receipt requested. If the hearing examiner determines that no probable cause exists, that determination is the final determination of the department and may be appealed under
par. (j).
106.04(6)(d)
(d)
Temporary judicial relief. At any time after a complaint is filed alleging discrimination in violation of
sub. (2),
(2m) or
(2r), the department may 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.
106.04(6)(e)1.1. Upon the filing of a complaint alleging discrimination in violation of
sub. (2),
(2m) or
(2r), the department may endeavor to eliminate the discrimination by conference, conciliation and persuasion. The department shall notify the parties that conciliation services are available.
106.04(6)(e)2.
2. Conciliation efforts may be undertaken by the department during the period beginning with the filing of the complaint and ending with the dismissal of the complaint under
par. (c) 4. or the issuance of a charge under
par. (c) 2.
106.04(6)(e)3.
3. If conciliation resolves the dispute, a written conciliation agreement shall be prepared which shall state all measures to be taken by each party. The agreement may provide for dismissal of the complaint if the dismissal is without prejudice to the complainant's right to pursue the complaint against any respondent who fails to comply with the terms of the agreement. The agreement shall be signed by the respondent, the complainant and the aggrieved person and is subject to approval by the department. A conciliation agreement entered into under this subdivision is a public record and is subject to inspection under
s. 19.35, unless the parties to the agreement request that the record be exempt from disclosure and the department finds that disclosure is not required to further the purposes of this section.
106.04(6)(e)4.
4. Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement, the department shall refer the matter to the department of justice with a recommendation that a civil action be filed for enforcement of the agreement.
106.04(6)(f)1.1. After the department issues a charge under
par. (c) 2., the department shall serve the charge, along with a written notice of hearing, specifying the nature and acts of discrimination which appear to have been committed, and requiring the respondent to answer the charge at a hearing before an examiner. The notice shall specify a time of hearing, not less than 10 days after service of the charge, and a place of hearing within the county in which the violation is alleged to have occurred.
106.04(6)(f)2.
2. If an election is not made under
par. (c) 2., the hearing shall be conducted by a hearing examiner. A person who is aggrieved, with respect to the issues to be determined at the hearing, may be represented by counsel.
106.04(6)(f)3.
3. The department or a party's attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney shall be in substantially the same form as provided in
s. 805.07 (4) and shall be served in the manner provided in
s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the hearing examiner who is responsible for conducting the hearing.
106.04(6)(f)4.
4. The testimony at the hearing shall be recorded by the department. Discovery shall be conducted as expeditiously and inexpensively as possible, consistent with the need of all parties to obtain relevant evidence. The hearing under this paragraph shall be conducted as expeditiously and inexpensively as possible, consistent with the needs and rights of the parties to obtain a fair hearing and a complete record. The burden of proof is on the party alleging discrimination.
106.04(6)(f)5.
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), the examiner shall make written findings and order the respondent to take actions that will effectuate the purpose of
sub. (2),
(2m) or
(2r), 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).
106.04(6)(f)6.
6. If the examiner finds that the respondent has not engaged in discrimination as alleged in the complaint, the department shall serve a certified copy of the examiner's findings on the aggrieved party, the complainant and the respondent together with an order dismissing the complaint. If the complaint is dismissed, costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be assessed against the department in the discretion of the department.
106.04(6)(g)1.1. The department shall commence proceedings with respect to a complaint before the end of the 30th day after receipt of the complaint.
106.04(6)(g)2.
2. The department shall investigate the allegations of the complaint and complete the investigation not later than 100 days after receipt of the complaint. If the department is unable to complete the investigation within 100 days, it shall notify the complainant and respondent in writing of the reasons for not doing so.
106.04(6)(g)3.
3. The department shall make final administrative disposition of a complaint within one year after the date of receipt of a complaint, unless it is impracticable to do so. If the department is unable to do so, it shall notify the complainant and respondent in writing of the reasons for not doing so.
106.04(6)(h)1.1. 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), 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.
106.04(6)(h)2.
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). 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) 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) 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.
106.04(6)(h)3.
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). 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) 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) 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.
