107.01. Intent. back to top
It is the intent of this chapter to render unlawful discrimination in housing and to enact this chapter pursuant to the authority granted to counties by s. 66.432(2), Wis. Stats. It is the declared policy of the county that all persons shall have an equal opportunity for housing regardless of sex, race, color, handicap, religion, national origin, or marital status of the person maintaining a household, lawful source of income, age, ancestry or sexual orientation as defined in s. 111.32(13m), Wis. Stats.
107.02. Definitions. back to top
In this chapter unless the context requires otherwise:
(1) "Housing" means any improved property, including any mobile home as defined in s. 66.058, Wis. Stats., which is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence.
(2) "Discriminate" and "discrimination" mean to segregate, separate, exclude or treat any person or class of persons unequally because of sex, race, color, handicap, religion, national origin, or marital status of the person maintaining a household, lawful source of income, age, ancestry, or sexual orientation as defined in s. 111.32(13m), Wis. Stats. It is intended that the factors set forth herein shall be the sole basis for prohibiting discrimination.
(3) "Handicap" means any physical disability or any developmental disability as defined under s. 51.01(5)(a), Wis. Stats.
(4) "Unimproved residential lot" means any residential lot upon which no permanent building or structure containing living quarters has been constructed.
(5) "Condominium" means property subject to a condominium declaration under ch. 703, Wis. Stats.
(6) "Condominium association" means an association as defined in s. 703.02(1m), Wis. Stats.
107.03. Discrimination prohibited. back to top
It is unlawful for any person to discriminate:
(1) By refusing to sell, lease, finance or contract to construct housing or by refusing to discuss the terms thereof.
(2) By refusing to permit inspection or exacting different or more stringent price, terms or conditions for the sale, lease, financing or rental of housing.
(3) By refusing to finance or sell an unimproved residential lot or to construct a home or residence upon such lot.
(4) By publishing, circulating, issuing or displaying, or causing to be published, circulated, issued or displayed, any communication, notice, advertisement or sign in connection with the sale, financing, lease or rental of housing, which states or indicates any discrimination in connection with housing.
(5) For a person in the business of insuring against hazards, by refusing to enter into, or by exacting different terms, conditions or privileges with respect to, a contract of insurance against hazards to a dwelling.
(6) By refusing to renew a lease, causing the eviction of a tenant from rental housing or engaging in the harassment of a tenant.
107.04. Exceptions. back to top
(1) Nothing in this chapter shall prohibit discrimination on the basis of age in relation to housing designed to meet the needs of elderly individuals.
(2) 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.
(3) Nothing in this section shall prohibit the development of housing designed specifically for persons with a handicap and discrimination on the basis of handicap in relation to such housing.
107.05. Representations designed to induce panic sales. back to top
(1) No person may induce or attempt to induce any person to sell, rent or lease any dwelling by representations regarding the present or prospective entry into the neighborhood of a person(s) of a particular race, color, religion, national origin, sexual orientation or economic status, or by representations to the effect that such present or prospective entry will or may result in:
(a) The lowering of real estate values in the area concerned;
(b) A deterioration in the character of the area concerned;
(c) An increase in criminal or antisocial behavior in the area concerned; or
(d) A decline in the quality of the schools or other public facilities serving the area.
107.06. Interference, coercion and intimidation. back to top
No person may coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of any right granted or protected by this chapter, or with any person who has aided or encouraged another person in the exercise or enjoyment of any right granted or protected by this chapter.
107.07. Enforcement. back to top
(1) The provisions of this chapter shall be enforced by the corporation counsel.
(2) The corporation counsel may receive and investigate a complaint charging a violation of this section if the complaint is filed no more than three hundred (300) days after the alleged discrimination occurred. A complaint shall be a written statement of the essential facts constituting the discrimination charged, and shall be verified.
(3) If the corporation counsel finds probable cause to believe that any discrimination has been or is being committed in violation of this chapter, he/she may endeavor to eliminate such discrimination by conference, conciliation and persuasion.
(4) If the corporation counsel determines that conference, conciliation and persuasion have not eliminated the alleged discrimination, he/she may commence a forfeiture ordinance action in the circuit court of the county for the enforcement of this chapter and penalty provided.
(5) At any time after a complaint is filed with the office of the corporation counsel, the corporation counsel may also file a complaint in the circuit court of the county seeking appropriate temporary relief against the respondent, including an application for a temporary injunction, restraining order, or other order against the person(s) responsible for the denial of the rights granted by this chapter as the corporation counsel deems necessary in order to ensure the full enjoyment of these rights. The court may grant such temporary relief or restraining order as it deems just and proper.
107.08. Penalty. back to top
(1) Any person who has willfully violated any provision of this chapter or any lawful order issued under this chapter shall, for the first violation, forfeit not less than one hundred dollars ($100.00) or more than one thousand dollars ($1,000.00).
(2) Any person adjudged to have violated any provision of this chapter within five (5) years after having been adjudged to have violated subsection (1) for every violation committed within the five (5) years, shall forfeit not less than one thousand dollars ($1,000.00) nor more than ten thousand dollars ($10,000.00).
LEGISLATIVE HISTORY
All sections effective upon passage and
publication unless otherwise indicated.
Ch. 107.Created - June 18, 1992, J. Proc. p. 1008--11 [as printed May 21, 1992, J. Proc. p. 787/N93], published July 20, 1992; correction - Sept. 24, 1992, J. Proc. p. 1371, published Oct. 14, 1992.