[HISTORY: Adopted by the Village Board of
the Village of Cambria 3-7-1988 as Title 10, Ch. 3 of the 1988 Code. Amendments noted where
applicable.]
It is hereby declared to be the policy of the
Village to assure equal opportunity to all persons to live in decent
housing facilities regardless of sex, race, color, physical condition,
disability as defined in § 106.04(1m)(g), Wis. Stats., sexual
orientation as defined in § 111.32(13m), Wis. Stats., religion,
national origin, marital status, family status as defined in § 106.04(1m)(k),
Wis. Stats., lawful source of income, age or ancestry and, to that
end, to prohibit discrimination in housing by any persons.
As used in this chapter, the following terms
shall have the meanings indicated:
Any difference in treatment based upon race, color, religion,
sex or national origin; or any act that is unlawful under this chapter.
Any building, structure or portion thereof which is occupied
as, or designed for occupancy as, a residence by one or more families,
and any vacant land which is offered for sale or lease for the construction
thereon of any such buildings or structure.
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.
Includes any person, as defined herein, engaged in the business
of lending money or guaranteeing loans.
Any building, mobile home or trailer, structure or portion
thereof which is occupied as, or designed or intended for occupancy
as, a residence by one or more families, and any vacant land which
is offered for sale or lease for the construction or location thereon
of any real property, as defined herein, used or intended to be used
for any of the purposes set forth in this subsection.
An individual who is engaged in or who performs the business
or services of a mortgage broker, as the same is defined by Wisconsin
Statutes.
The market which is informed of the availability for sale,
purchase, rental or lease of any housing accommodation, whether informed
through a real estate broker or by advertising by publication, signs
or by any other advertising methods directed to the public or any
portion thereof, indicating that the property is available for sale,
purchase, rental or lease.
Includes a lessee, sublessee, co-tenant, assignee, managing
agent or other person having the right of ownership or possession,
or the right to sell, rent or lease any housing accommodation.
Includes individuals, children, firms, associations, joint
ventures, partnerships, estates, trusts, business trusts, syndicates,
fiduciaries, corporations and all other groups or combinations.
Includes any individual qualified by law who, for a fee,
commission, salary or for other valuable consideration, or who with
the intention or expectation of receiving or collecting same, lists,
sells, purchases, rents or leases any housing accommodations, including
options thereupon, or who negotiates or attempts to negotiate a loan,
secured by a mortgage or other encumbrance, upon transfer of any housing
accommodation; or who is engaged in the business of charging an advance
fee or contracting for collection of a fee in connection with a contract
whereby he undertakes to promote the sale, purchase, rental or lease
of any housing accommodation through its listing in a publication
issued primarily for such purpose; or an individual employed by or
acting on behalf of any of these.
Includes buildings, structures, lands, tenements, leaseholds,
cooperatives and condominiums.
In connection with any of the transactions set
forth in this chapter which affect any housing accommodation on the
open market, or in connection with any public sale, purchase, rental
or lease of any accommodation, it shall be unlawful within the Village
of Cambria 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 from a person because of
his sex, race, color, physical condition, disability as defined in
§ 106.04(1m)(g), Wis. Stats., sexual orientation as defined
in § 111.32(13m), Wis. Stats., religion, national origin,
marital status, family status as defined in § 106.04(1m)(k),
Wis. Stats., lawful source of income, age or ancestry;[1]
B.
To discriminate against a person in the terms, conditions
or privileges of the sale, purchase, rental or lease of any housing
accommodation or in the furnishing of facilities or services in connection
therewith;
C.
To refuse to receive or transmit a bona fide offer
to sell, purchase, rent or lease any housing accommodation from or
to a person because of his sex, race, color, physical condition, disability
as defined in § 106.04(1m)(g), Wis. Stats., sexual orientation
as defined in § 111.32(13m), Wis. Stats., religion, national
origin, marital status, family status as defined in § 106.04(1m)(k),
Wis. Stats., lawful source of income, age or ancestry;[2]
D.
To refuse to negotiate for the sale, purchase, rental
or lease of any housing accommodation to a person because of his sex,
race, color, physical condition, disability as defined in § 106.04(1m)(g),
Wis. Stats., sexual orientation as defined in § 111.32(13m),
Wis. Stats., religion, national origin, marital status, family status
as defined in § 106.04(1m)(k), Wis. Stats., lawful source
of income, age or ancestry;[3]
E.
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 his sex, race, color, physical
condition, disability as defined in § 106.04(1m)(g), Wis.
Stats., sexual orientation as defined in § 111.32(13m),
Wis. Stats., religion, national origin, marital status, family status
as defined in § 106.04(1m)(k), Wis. Stats., lawful source
of income, age or ancestry;[4]
F.
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 any intent to make a discrimination;
G.
To offer, solicit, accept or use a list of any housing
accommodations for sale, purchase, rental or lease with the understanding
that a person may be subjected to discrimination in connection with
such sale, purchase, rental or lease or in the furnishing of facilities
or services in connection therewith;
H.
To induce directly or indirectly, or attempt to induce
directly or indirectly, the sale, purchase, rental or lease or the
listing for any of the above of any housing accommodation by representing
that the presence or anticipated presence of persons of any particular
sex, race, color, physical condition, disability as defined in § 106.04(1m)(g),
Wis. Stats., sexual orientation as defined in § 111.32(13m),
Wis. Stats., religion, national origin, marital status, family status
as defined in § 106.04(1m)(k), Wis. Stats., lawful source
of income, age or ancestry to be affected by such sale, purchase,
rental or lease will or may result in either:[5]
I.
To make any misrepresentations concerning the listing
for sale, purchase, rental or lease, or the anticipated listing of
any of the above, or the sale, purchase, rental or lease of any housing
accommodation in any area in the Village for the purpose of inducing
or attempting to induce any such listing or any of the above transactions;
J.
To engage in or hire to be done, or to conspire with
others to commit acts or activities of any nature, the purpose of
which is to coerce, cause panic, incite unrest or create or play upon
fear, with the purpose of either discouraging or inducing, or attempting
to induce, the sale, purchase, rental or lease or the listing for
any of the above of any housing accommodation;
K.
To retaliate or discriminate in any manner against
a person because he has opposed a practice declared unlawful by this
chapter or because he has filed a complaint, testified, assisted or
participated in any manner in any investigation, proceeding, hearing
or conference under this chapter;
L.
To aid, abet, incite, compel or coerce any person
to engage in any of the practices prohibited by this chapter or to
obstruct or prevent any person from complying with the provisions
of this chapter or any orders issued thereunder;
M.
By canvassing, to commit any unlawful practices prohibited
by this chapter;
N.
Otherwise to deny to or withhold any housing accommodation
from a person because of his sex, race, color, physical condition,
disability as defined in § 106.04(1m)(g), Wis. Stats., sexual
orientation as defined in § 111.32(13m), Wis. Stats., religion,
national origin, marital status, family status as defined in § 106.04(1m)(k),
Wis. Stats., lawful source of income, age or ancestry;[6]
O.
For any bank, building and loan association, insurance
company or other corporation, association, firm or enterprise whose
business consists in whole or in part in the making of commercial
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 him in the fixing of the amount, interest rate, duration or
other terms or conditions of such loans or other financial assistance
because of the sex, race, color, physical condition, disability as
defined in § 106.04(1m)(g), Wis. Stats., sexual orientation
as defined in § 111.32(13m), Wis. Stats., religion, national
origin, marital status, family status as defined in § 106.04(1m)(k),
Wis. Stats., lawful source of income, age or ancestry of such person
or of any person associated with him in connection with such loan
or other financial assistance or the purposes of such loan or other
financial assistance which is to be made or given; or[7]
P.
To deny any qualified person access to or membership
or participation in any multiple-listing service, real estate brokers
organization, or other service, organization or facility relating
to the business of selling or renting dwellings, or to discriminate
against him in their terms or conditions of such access, membership,
or participation, on account of sex, race, color, physical condition,
disability as defined in § 106.04(1m)(g), Wis. Stats., sexual
orientation as defined in § 111.32(13m), Wis. Stats., religion,
national origin, marital status, family status as defined in § 106.04(1m)(k),
Wis. Stats., lawful source of income, age or ancestry.[8]
This chapter shall not apply to:
A.
A religious organization, association or society or
any nonprofit institution or organization operated, 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 purpose to persons
of the same religion, or which gives preference to such persons, unless
membership in such religion is restricted on account of race, color,
religion, sex, sexual preference or national origin.
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 that such private individual owner does not own more than
three such single-family houses at any one time; provided, further,
that in the case of the sale of any such single-family house by a
private individual not residing in such house at the time of such
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 any twenty-four-month period;
provided, further, 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; provided, further,
the sale or rental of any such single-family house shall be excepted
from the application of this chapter only if such house is sold or
rented:
(1)
Without the use in any manner of the sales or rental
facilities or 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
(2)
Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of the provisions of 42 U.S.C. § 3604 or of § 231-3 of this chapter; 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.
D.
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.
A.
The Village hereby adopts §§ 66.1011
and 106.50, Wis. Stats., and all subsequent amendments thereto, to
the extent that those statutes do not conflict with the provisions
of this chapter.
B.
The officials and staff of the Village shall assist
in the orderly prevention and removal of all discrimination in housing
within the Village by implementing the authority and enforcement procedures
set forth in §§ 66.1011 and 106.50, Wis. Stats.
C.
The Village Clerk/Treasurer shall provide complaint
forms and shall assist any person alleging a violation of this chapter
in the Village.
