Fair Housing Laws and Remedies

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Federal and state fair housing laws make it illegal to discriminate in housing based on the following protected classes:

Race - A person's race or the race of persons with whom one associates.

Color - A person's skin color.

Sex - A person's sex, including sexual harassment or intimidation.

National Origin/Ancestry - The country of one's birth and/or nationality of one's ancestors.

Religion - A person's religious beliefs or denominational affiliations.

Age - A person 18 years of age and older.

Disability/Handicap - A physical or mental impairment which substantially limits one or more major life activities.

Marital Status - Married, single, divorced, widowed or separated.

Lawful Source of Income - A person's legal means of income, including such subsidized forms as Social Security, Food Stamps, Unemployment Compensation, etc.

Sexual Orientation - Heterosexuality, homosexuality or bisexuality.

Family/Familial Status - Household composition, including the presence of children.

While federal and state fair housing laws apply to the entire State of Wisconsin, in Dane County, local fair housing laws have five additional protected classes not covered by federal and state fair housing law. The five protected classes read as follows:

Arrest/Conviction Record - Persons with arrest/conviction records older than two years and/or not involving drug-related criminal activity, disturbance of neighbors, destruction of property or criminal activity involving violence to persons of property. (The City of Appleton also recognizes Arrest/Conviction Record as a protected class.)

Military Discharge Status - Type of military discharge, also including active duty status.

Physical Appearance - The outward appearance of any person.

Political Beliefs - A person's opinions concerning the social, economic and governmental structure of society and its institutions.

Student Status - Having or not having standing as an enrollee of a school or apprenticeship program.

In addition, the City of Madison defines the protected class of 'sexual orientation' more broadly than the Wisconsin Open Housing Law, as the Madison Equal Opportunities Ordinance includes protection based on an individual's 'gender identity.'

Illegal discrimination in housing covers a wide variety of unlawful acts. When one or more of the following occurs and is based on a person’s membership in a protected class, it may constitute illegal discrimination.

Refusing to sell, rent, insure, construct, and/or finance housing.

Refusing to discuss the terms of the sale, rental, insurance, construction and/or financing of housing.

Refusing to allow inspection of housing.

Refusing to renew a lease or causing the eviction of a tenant.

Misrepresenting the availability of housing for sale, rent or inspection.

Applying different terms or conditions for the sale, rental, insurance and construction and/or financing of housing.

Refusing to allow reasonable modifications or accommodations for persons with disabilities.

Printing, publishing or displaying advertisements or notices that state or indicate a preference based on a protected class.

Engaging in harassment, coercion or intimidation.

Blockbusting, which consists of efforts to induce or attempt to induce a person to sell or rent a dwelling by representations regarding the presence or entry of a person or persons of a protected class or economic status.

Steering, which is restricting or attempting to restrict, by word or action, an individual’s housing choices.

Segregation by floor, building, development, or community based on membership in a protected class.

Remedies

There are rights and remedies available under local ordinances, the Wisconsin Open Housing Law and the Federal Fair Housing Act. Violations of these laws may be pursued through the court system or administrative agencies. There are time limitations (statutes of limitation) for filing fair housing complaints. Under the Federal Fair Housing Act, there is a two year statute of limitations. If a complaint is filed in the state court or with an administrative agency the statute of limitations is up to one year.