14.850 Fair Housing.

(1) Declaration of Policy. Pursuant to Wis. Stat. § 106.50, Wisconsin’s Open Housing Act, it is hereby declared to be the policy of the City of Manitowoc to assure equal opportunity to all persons to live in decent housing facilities regardless of sex, race, color, disability as defined in Wis. Stat. § 106.50(1m)(g), sexual orientation as defined in Wis. Stat. § 106.50(1m)(t), religion, national origin, family status as defined in Wis. Stat. § 106.50(1m)(k), status as a victim of domestic abuse, sexual assault, stalking, lawful source of income, age or ancestry. It is intended that the factors set forth herein shall be the sole bases for prohibiting discrimination.

(2) Definitions. As used in this section:

Discrimination or discriminatory housing practice means any difference in treatment based upon sex, race, color, handicap, sexual orientation as defined in Wis. Stat. § 111.32(13m), religion, national origin, familial status, sex or marital status of the person maintaining a household, lawful source of income, age or ancestry.

Dwelling shall mean any building, structure, or portion thereof which is occupied as, or designated for occupancy as, a residence by one or more families, or any vacant land which is offered for sale or lease for the construction thereon of any such buildings or structure.

Family includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy and receivers.

Person includes a single individual.

To rent includes to lease, sublease, to let and otherwise grant for consideration the right to occupy premises not owned by the occupant.

(3) Unlawful Practices. In connection with any of the transactions set forth in this section which affect any housing accommodations on the open market or in connection with any public sale, purchase, rental, financing, or lease of any housing accommodation, it shall be unlawful for a person, owner, financial institution, real estate broker or real estate salesman, or any representative of the above:

(a) To refuse to sell, purchase, rent or lease, or deny to or withhold, any housing accommodation based on any of the criteria set forth in the definition of “discrimination” or “discriminatory housing practice” in subsection (2) of this section;

(b) To discriminate against any person in the terms, conditions or privileges of the sale, purchase, rental or lease of any housing accommodations, or in the furnishing or facilities or services in connection therewith;

(c) To represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental or lease when, in fact, it is so available, or to refuse to permit a person to inspect any housing accommodation, because of any criteria listed in the definition of “discrimination” or “discriminatory housing practice” in subsection (2) of this section;

(d) To make, publish, print, circulate, post or mail, or cause to be made, published, printed, circulated, posted or mailed, any notice, statement or advertisement, or to announce a policy, or to sign or to use a form of application for the sale, purchase, rental, lease or financing of any housing accommodation, or to make a record of inquiry in connection with the prospective sale, purchase, rental, lease or financing of any housing accommodation, which indicates any discrimination or intent to discriminate;

(e) To induce directly or indirectly or attempt to induce directly or indirectly the sale, purchase, rental or lease for the listing of any of the above of any housing accommodation by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, or national origin;

(f) To retaliate or discriminate in any manner against a person because a person has opposed a practice declared unlawful by this section, or because a person has filed a complaint, testified, assisted in or participated in any manner in any investigation, proceeding, hearing or conference under this section;

(g) For any bank, savings and loan association, credit union, or other corporation, association, firm or enterprises whose business consists in whole or in part in the making of real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against a person in the fixing of the amount, interest rate, duration, or other terms or conditions of such loans or other financial assistance because of sex, race, color, disability as defined in Wis. Stat. § 106.50(1m)(g), sexual orientation as defined in Wis. Stat. § 106.50(1m)(t), religion, national origin, family status as defined in Wis. Stat. § 106.50(1m)(k), status as a victim of domestic abuse, sexual assault, stalking, marital status of the person maintaining a household, lawful source of income, age or ancestry of such person or any person associated with a person in connection of such loan or other financial assistance for the purpose of such loan or other financial assistance; or

(h) To deny any qualified person access or membership or participation in any multiple-listing service, real estate broker organization, or other service organization, or facility relating to the business of selling or renting dwellings, or to discriminate against a person in the terms or conditions of such access, membership, or participation, on any of the criteria listed in the definition of “discrimination” or “discriminatory housing practice” in subsection (2) of this section.

(4) Exemptions. This section shall not apply to:

(a) A religious organization, association, or society or any nonprofit institution or organization operating, supervised, or controlled by or in conjunction with a religious organization, association, or society, which limits the sale, rental, or occupancy of dwellings which it owns or operates for other than commercial purposes to persons of the same religion, or which gives preference to such persons, unless membership in such religion is restricted on account of the criteria in the definition of “discrimination” or “discriminatory housing practice” in subsection (2) of this section.

(b) A private club not in fact open to the public which, as an incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, and which limits the rental or occupancy of such lodgings to its members or gives preference to its members.

(c) Any single-family house sold or rented by an owner provided the following conditions are met:

1. That such private individual owner does not own more than three such single-family houses at any one time;

2. That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within a 24-month period;

3. That such bona fide private individual owner does not own any interest in, nor is there owned or served on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time;

4. That the sale or rental of any such single-family house shall be excepted from the application of this section only if the house is sold or rented:

A. Without the use in any manner of the sales or rental services of any real estate broker, agent, or salesman or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and

B. Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of the provisions of 42 United States Code Section 3604(c) or of subsection (3) of this section; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or

C. Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

(5) Procedure. Any person aggrieved by an unlawful practice prohibited by this section may file a complaint with the Community Development Authority within 30 days after the aggrieved person becomes aware of the alleged unlawful practice and in no event more than 60 days after the alleged unlawful practice has occurred. The Community Development Authority shall receive each complaint and attempt to resolve each complaint. Failure to achieve a resolution acceptable to both parties and compliance with this section shall cause the chairperson of the Community Development Authority to forward the complaint and findings to appropriate State and Federal agencies. (See also Wis. Stat. § 106.50, which prohibits additional discriminating practices and allows fewer exceptions than this section.)

[Ord. 16-741 § 11, 2016; Ord. 12-529 §§ 3, 4, 2012. Prior code § 14.57]