Wisconsin’s Open Housing Law prohibits unlawful discrimination in housing based on sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, lawful source of income, age (18 and over), ancestry, or status as a victim of domestic abuse, sexual assault or stalking. The law protects the rights of people in the rental or purchase of housing. Essentially, all housing is covered under the law except when a person is seeking a roommate to share a dwelling.

What are some examples of discrimination? 

• Refusing to sell, rent, finance or negotiate with someone for the rental or sale of a dwelling. 
• Refusing to permit inspection or requiring different purchase or rental terms or conditions.
• Failing to renew a lease or harassing a tenant.
• Advertising in a manner that indicates discrimination by preference or limitation.
• Providing different rental privileges or services. 
• Applying different rental or mortgage application standards or fees. 
• Failing to build accessible multifamily housing. 
• Falsely representing that housing is unavailable for inspection, rental or sale.
• Harassing or interfering with a person’s quiet enjoyment of a dwelling. 
• Steering persons to certain units or buildings within an apartment complex. 
• Denying access to the MLS or other real estate service.
• Making representations made to induce panic sales.
• Segregating, excluding or treating persons with disabilities unequally.
• Refusing to make reasonable accommodations or reasonable modifications for persons with disabilities.
• Otherwise making unavailable or denying housing.

What are the exceptions?

There are situations when discrimination may be legal. A few examples include: 

• Occupancy standards: A family with “too many” people may be turned away, based on reasonable government regulations addressing health and safety, overcrowding, or capacity of utilities or infrastructure. 
• Housing for older persons: Housing primarily intended and operated for older persons may, under certain conditions, be restricted to persons over a certain age, such as “62 years and older” housing and “55 and over” housing. 
• Direct threat: Housing may be denied to a person who poses a direct threat to the safety of others or whose tenancy would result in substantial physical damage to property, provided the risk can’t be sufficiently reduced by a reasonable accommodation. 

Scenario from the WRA legal hotline

An agent is working with buyers who are gay and who have an African American child. The agent is having problems getting offers presented. Once potential neighbors see the couple and the little boy, the neighbors seem to have a bad reaction. The agent is concerned about not saying anything to the couple and then they purchase a property and have problems. How to proceed?

The fair housing laws are designed to prevent discrimination, including even well-intentioned steering by brokers working with buyers. The agent should continue to provide fair and equal customer service to the buyers and show properties that meet their criteria, drafting and presenting offers as they request. If there is evidence that a listing broker, seller or neighbor is engaging in discrimination and denying housing to these buyers based on their protected class status or otherwise hampering their efforts for fair consideration, the buyers have the right to bring complaints.

How is a complaint filed under Wisconsin law? 

A person alleging housing discrimination may file a complaint within one year of the discriminatory action.

• A complaint form with instructions is available from the Equal Rights Division (ERD). Visit dwd.wisconsin.gov/dwd/forms/erd/erd_10240.htm to access the form and instructions.
• Usually, settlement possibilities will be explored before an investigation begins. Many housing complaints are resolved by compromise. 
• If the investigation finds probable cause to believe that discrimination may have occurred, the ERD will issue a charge of discrimination along with the investigator’s determination. Either party may elect to have the charge decided in a civil action filed in circuit court. If a civil action is not pursued, the complaint will be decided after a hearing held by an ERD administrative law judge. 

If no probable cause is found, the case will be dismissed. The dismissal is final unless the ERD receives a written appeal letter within 20 days.

What remedies are available under the law?

Generally, persons who prove they were victims of discrimination may receive:

• Out-of-pocket losses and interest. 
• Attorney fees and costs.
• Compensatory damages for loss or injury. 
• Punitive damages if filed in court. 
• Injunctive relief. 

Other remedies or fines may also be ordered. The federal Fair Housing Act provides remedies similar to those available under Wisconsin law.

Scenario from the WRA legal hotline

A seller/owner refused to deal with the agent’s Hispanic clients, and the agent lost the sale. What are the agent’s rights?

The agent has been harmed in a real estate transaction based on the agent’s relationship with the Hispanic clients. The agent can file a complaint with a fair housing enforcement agency, and the clients can file their own complaint as well. If the house is still available, in some situations, enforcement agencies have the power to stop the owner from selling to anyone else until they are able to determine if a fair housing violation has occurred. The sooner the agent and the clients contact the local fair housing agency, the better. For a checklist of action items and contacts when discrimination is suspected, review pages 17-18 of the April 2012 Legal Update, “Fair Housing Conundrums: What Should I Say When They Ask About …?” at www.wra.org/LU1204.

Licensee violations

Real estate licensees may be the subject of a discrimination complaint brought to the ERD. This seems to occur sometimes with regard to the language used in real estate advertising. Licensees may also be disciplined by the Real Estate Examining Board. Wis. Stat. § 452.14 lists the behaviors that warrant REEB discipline. The statute specifically prohibits any racial discrimination as well as unequal treatment of any person solely because of sex, race, color, handicap, national origin, ancestry, marital status, lawful source of income, or status as a victim of domestic abuse, sexual assault or stalking.

Resources

• Housing discrimination resources from the Equal Rights Division of the Department of Workforce Development: dwd.wisconsin.gov/er/discrimination_civil_rights/open_housing_law.htm.

• Wisconsin Open Housing Law is found in Wis. Stat. § 106.50: docs.legis.wisconsin.gov/statutes/statutes/106/III/50.

• Filing HUD discrimination complaints: portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp

Debbi Conrad is Senior Attorney and Director of Legal Affairs for the WRA.