What fair housing laws must landlords follow?

Fair Housing Laws Wisconsin Landlords Must Follow

As a landlord operating in Wisconsin, understanding and adhering to fair housing laws is essential to ensure legal compliance, avoid discrimination claims, and foster equitable housing opportunities. Wisconsin’s fair housing regulations build upon the federal Fair Housing Act by protecting tenants and prospective tenants from discrimination in housing-related transactions. Below is a comprehensive overview of the key fair housing laws and requirements that Wisconsin landlords must follow.

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Federal Fair Housing Act Compliance

Although this is a Wisconsin-specific overview, it is important to recognize that Wisconsin landlords are subject to the federal Fair Housing Act (FHA). The FHA prohibits discrimination in housing because of:

• Race
• Color
• National origin
• Religion
• Sex
• Familial status (presence of children under 18 or pregnant women)
• Disability

This federal law applies to virtually all rental housing and requires landlords to treat all applicants and tenants fairly throughout the tenancy process, including advertising, screening, leasing, and eviction.

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Wisconsin Fair Housing Law

In addition to federal protections, Wisconsin has its own fair housing law, the Wisconsin Open Housing Law (Chapter 106 of the Wisconsin Statutes). The Wisconsin Open Housing Law provides protections that largely mirror the FHA but also include some additional protected classes and specific provisions. Key features include:

Protected Classes Under Wisconsin Law

Wisconsin landlords must not discriminate based on:

• Race
• Color
• National origin
• Sex
• Religion
• Ancestry
• Familial status (same as federal)
• Physical or mental disability
• Sexual orientation (protected under Wisconsin law)
• Marital status
• Age
• Lawful source of income (important in Wisconsin, landlords cannot reject tenants solely because their income comes from public assistance, e.g., Section 8 vouchers)
• Military service or membership

Key Provisions of Wisconsin’s Law

• Dwelling availability: Landlords must make housing available without unlawful discrimination.
• Advertising: Rental ads must not state preferences or limitations based on protected classes.
• Applications and screening: Consistent criteria should be applied to all applicants.
• Reasonable accommodations: Landlords must provide reasonable accommodations or modifications for tenants with disabilities, such as allowing service animals or physical modifications.
• Retaliation prohibited: Landlords cannot retaliate against tenants who file fair housing complaints.

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Reasonable Accommodations and Modifications

Wisconsin landlords must accommodate tenants with disabilities unless the accommodation poses an undue hardship or fundamentally alters the nature of the housing. Common reasonable accommodations include:

• Allowing service dogs or emotional support animals in “no-pet” buildings.
• Modifying lease terms to accommodate disability-related needs.
• Permitting physical modifications such as installing grab bars or ramps (usually at tenant’s expense).

Requests for accommodations should be handled promptly and evaluated based on individual needs.

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Advertising Housing: What Wisconsin Landlords Need to Know

When advertising rental units, landlords must ensure that listing descriptions do not include language that expresses a discriminatory preference or limit opportunities based on protected classes. For example, avoid phrases like:

• "No children"
• "Singles only"
• "Ideal for retirees"
• "No Section 8 tenants"

Advertisements should focus on objective criteria related to the property and lease terms.

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Accepting Lawful Source of Income

One significant aspect of Wisconsin’s fair housing protections is the inclusion of lawful source of income as a protected category. This means:

• Landlords cannot refuse to rent to a prospective tenant simply because they receive income from public assistance programs, such as Section 8 vouchers or social security disability benefits.
• Landlords can verify income stability and amount; however, rejection based solely on the source is unlawful.
• This helps to increase housing opportunities for tenants who rely on government-provided income sources.

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Enforcement and Penalties

The Wisconsin Department of Workforce Development (DWD), through its Equal Rights Division (ERD), enforces the Wisconsin Open Housing Law. Tenants who believe they have been discriminated against can file complaints with the ERD.

Landlords found in violation may be subject to:

• Civil penalties.
• Injunctive relief requiring corrective action.
• Compensatory damages to the complainant.

Maintaining compliance helps avoid costly legal disputes and protects your reputation as a fair and lawful landlord.

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Best Practices for Wisconsin Landlords to Ensure Compliance

• Use consistent rental criteria for all applicants.
• Update lease agreements to include nondiscrimination clauses.
• Train property managers and staff on fair housing laws.
• Document all decisions regarding tenant applications and accommodations.
• Respond promptly and reasonably to accommodation requests.
• Review advertising carefully to avoid prohibited language.
• Seek legal advice if you have questions about ambiguous situations.

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Summary

Wisconsin landlords must comply with both the federal Fair Housing Act and the Wisconsin Open Housing Law, which protects a broad range of classes from discrimination in housing transactions. Key protected classes include traditional groups like race, color, religion, and disability, as well as Wisconsin-specific protections like sexual orientation and lawful source of income.

By ensuring equal treatment in advertising, screening, leasing, and accommodations, landlords promote fair access to housing and minimize the risk of legal penalties. Staying informed about Wisconsin-specific legal requirements and proactively implementing fair housing policies will enhance your landlord operation’s integrity and success within the state’s regulatory framework.