106.50(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.
106.50(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.
106.50(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.
106.50(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.
106.50(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:
106.50(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.
106.50(2r)(bm)1.b.
b. The individual accepts liability for sanitation with respect to, and damage to the premises caused by, the animal.
106.50(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.
106.50(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, as defined in
s. 101.132 (1) (d), unless it meets the standards specified in
s. 101.132 (2) (a) 1. to
4. In addition, no person may remodel, as defined in
s. 101.132 (1) (h), housing with 3 or more dwelling units unless the remodeled housing meets the standards specified in
s. 101.132 (2) (a) 1. to
4. as required under
s. 101.132 (2) (b) 1.,
2. or
3., whichever is applicable.
106.50(5m)(a)1.1. Nothing in this section prohibits discrimination based on age or family status with respect to housing for older persons.
106.50(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 maintains records containing written verification that all of the following factors apply to the housing:
106.50(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. The owner or manager may document compliance with this
subd. 1e. c. by maintaining records containing written verification of the ages of the occupants of the housing.
106.50(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.
106.50(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.
106.50(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.
106.50(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.
106.50(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 that caused harm or damage, that directly threatened harm or damage, or that 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) (am).
106.50(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.
106.50(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.
106.50(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.
106.50(5m)(f)1.1. 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, ancestry, national origin, religion, creed or, subject to
subd. 2., age.
106.50(5m)(f)2.
2. Notwithstanding
subd. 1., an owner or agent may require that a person who seeks to buy or rent housing under
sub. (1m) (m) 3. supply information concerning his or her age for the purpose of verifying compliance with
par. (a) 1e. b.
106.50(5m)(g)
(g) A person may not be held personally liable for monetary damages for a violation of
sub. (2),
(2m) or
(2r) if the person reasonably relied, in good faith, on the application of the exemption under this subsection relating to housing for older persons. For purposes of this paragraph, a person may show reasonable reliance, in good faith, on the application of the exemption under this subsection relating to housing for older persons only if the person shows all of the following:
106.50(5m)(g)1.
1. That he or she has no actual knowledge that the housing is not or will not be eligible for the exemption.
106.50(5m)(g)2.
2. That the owner of the housing has stated formally, in writing, that the housing complies with the requirements for the exemption.
106.50(6)
(6) Fair housing administrative enforcement. 106.50(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.
106.50(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.
106.50(6)(a)3.
3. The complaint may be filed by an aggrieved person, by an interested person, by the department of workforce development under
par. (b) or, if the complaint charges a violation of
sub. (2r) (c), by the department of commerce. The department of workforce development shall, upon request, provide appropriate assistance in completing and filing complaints.
106.50(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).
106.50(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.
106.50(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.
106.50(6)(b)
(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) and may make, sign and file complaints alleging violations of
sub. (2),
(2m) or
(2r). In addition, the department of commerce 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).
106.50(6)(c)
(c)
Investigation and finding of probable cause. 106.50(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.
106.50(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.
106.50(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.
106.50(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).
106.50(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.
106.50(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.
106.50(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.
106.50(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.
106.50(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.
106.50(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.
106.50(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.
106.50(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.
106.50(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.
106.50(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).
106.50(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.
106.50(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.
106.50(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.
106.50(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.
106.50(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.
106.50(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.
106.50(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.
106.50(6)(i)
(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).
106.50(6)(j)
(j)
Judicial review. Within 30 days after service upon all parties of an order or determination of the department under this subsection, the respondent, the complainant or the aggrieved party may appeal the order or the determination to the circuit court for the county in which the alleged discrimination took place by the filing of a petition for review. The court shall review the order or determination as provided in
ss. 227.52 to
227.58.
106.50(6m)(a)(a) Any person, including the state, alleging a violation of
sub. (2),
(2m) or
(2r) 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.
106.50(6m)(b)
(b) An action commenced under
par. (a) may be brought in the circuit court for the county where the alleged violation occurred or for the county where the person against whom the civil complaint is filed resides or has a principal place of business, and shall be commenced within one year after the alleged violation occurred or terminated. The one-year statute of limitations under this paragraph shall be tolled while an administrative proceeding with respect to the same complaint is pending.
106.50(6m)(c)
(c) The court may issue a permanent or temporary injunction or restraining order to assure the rights granted by this section. The court may order other relief that the court considers appropriate, including monetary damages, actual and punitive, a forfeiture as provided in
sub. (6) (h) and costs and fees as provided in
sub. (6) (i).
106.50(6m)(d)
(d) If the attorney general has reasonable cause to believe that any person is engaged in a pattern or practice of discrimination in violation of
sub. (2),
(2m) or
(2r) or that any person has been denied any of the rights granted under
sub. (2),
(2m) or
(2r), and such denial raises an issue of general public importance, the department of justice may commence a civil action.
106.50(8)
(8) Discrimination by licensed or chartered persons. 106.50(8)(a)(a) If the department finds reasonable cause to believe that an act of discrimination has been or is being committed in violation of this section by a person taking an action prohibited under
sub. (2),
(2m) or
(2r) and that the person is licensed or chartered under state law, the department shall notify the licensing or chartering agency of its findings and may file a complaint with such agency together with a request that the agency initiate proceedings to suspend or revoke the license or charter of such person or take other less restrictive disciplinary action.
106.50(8)(b)
(b) Upon filing a complaint under
par. (a), the department shall make available to the appropriate licensing or chartering agency all pertinent documents and files in its custody, and shall cooperate fully with such agency in the agency's proceedings.
106.50 History
History: 1971 c. 185 s.
1;
1971 c. 228 s.
42;
1971 c. 230;
1971 c. 307 s.
51; Stats. 1971 s. 101.22;
1975 c. 94,
275,
421,
422;
1977 c. 29;
1977 c. 418 s.
929 (55);
1979 c. 110;
1979 c. 177 s.
85;
1979 c. 188,
221,
355;
1981 c. 112,
180;
1981 c. 391 s.
210;
1983 a. 27,
189;
1985 a. 238,
319;
1987 a. 262;
1989 a. 47 ss.
2 to
5,
8 to
11;
1989 a. 94,
106,
139,
359;
1991 a. 295,
315;
1993 a. 27;
1995 a. 27 s.
3687; Stats. 1995 s. 106.04;
1995 a. 225;
1995 a. 448 ss.
66,
68;
1997 a. 112,
237,
312;
1999 a. 82 ss.
38 to
74; Stats. 1999 s. 106.50;
1999 a. 150 s.
672;
1999 a. 162;
2001 a. 30 s.
108;
2001 a. 109.
106.50 Note
NOTE: 1991 Wis. Act 295, which affected this section, contains extensive legislative council notes.
106.50 Cross-reference
Cross Reference: See also ch.
DWD 220, Wis. adm. code.
106.50 Annotation
"Harassment" under sub. (2) (f) includes sexual harassment as defined in s. 111.32 (13). Sexual harassment injures the tenant's dignity and civil rights, and those injuries are compensable. Chomicki v. Wittekind,
128 Wis. 2d 188,
381 N.W.2d 561 (Ct. App. 1985).
106.50 Annotation
A violation of sub. (2) (d) requires that an ordinary reader find that an advertisement suggests a particular class is preferred or "dispreferred." Milwaukee Fair Housing Council v. LIRC,
173 Wis. 2d 199,
496 N.W.2d 159 (Ct. App. 1992).
106.50 Annotation
The state, in administering the fair housing act, may not order a zoning board to issue a variance based on characteristics unique to the landowner rather than the land. County of Sawyer Zoning Board v. Department of Workforce Development,
231 Wis. 2d 534,
605 N.W.2d 627 (Ct. App. 1999).
106.50 Annotation
To establish a disability under this section, the complainant must show: 1) that he or she has an actual impairment, a record of impairment, or is regarded as having an impairment; and 2) that the impairment, whether real or perceived, is one that substantially limits one or more major life activities, or is regarded by the respondent as substantially limiting one or more major life activities. Kitten v. DWD, 2002 WI 54,
252 Wis. 2d 561,
644 N.W.2d 649.
106.50 Annotation
The Wisconsin open housing law permits, but does not require, the department to receive and process class action complaints of housing discrimination. 70 Atty. Gen. 250.
106.50 Annotation
The insurer of an apartment had a duty to defend an owner and manager for liability under this section. Gardner v. Romano,
688 F. Supp. 489 (E. D. Wis. 1988).
106.50 Annotation
Federal rent vouchers are not clearly within the meaning of "lawful source of income." Knapp v. Eagle Property Management Corp.
54 F.3d 1272 (1995).
106.50 Annotation
Closing the Door on Cohabitants Under Wisconsin's Open Housing Law. Neuman. 1995 WLR 965.
106.52
106.52
Public places of accommodation or amusement.
