Village of Fox Point, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Fox Point by Ord. No. 349 {§ 29.08(1) to (2p), (4), (8) and (9) of the 1961 Code}. Amendments noted where applicable.]
GENERAL REFERENCES
Fair Housing Commission — See Ch. 19, Art. V.

§ 612-1 Intent.

[Amended 3-8-2011 by Ord. No. 2011-02]
It is the intent of this chapter to render unlawful discrimination in housing. It is the declared policy of this state and of this Village that all persons shall have an equal opportunity for housing without discrimination, as defined by applicable state laws. This chapter shall be deemed an exercise of the police powers of the Village for the protection of the welfare, health, peace, dignity and human rights of the people of this Village.

§ 612-2 Definitions.

In this chapter, unless the content requires otherwise, the following terms shall have the meanings indicated:
DISCRIMINATE and DISCRIMINATION
Have the meaning described in § 106.50(1m)(h), Wis. Stats.
[Amended 3-8-2011 by Ord. No. 2011-02]
DISABILITY
As defined in § 106.50(1m)(g), Wis. Stats.[1]
HOUSING
Any improved property, including any mobile home as defined in § 66.0435(1), Wis. Stats., which is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence.
[Amended 3-8-2011 by Ord. No. 2011-02]
UNIMPROVED RESIDENTIAL LOT
Any residential lot upon which no permanent building or structure containing living quarters has been constructed.
[Added 3-12-1981 by Ord. No. 487]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 612-3 Discrimination prohibited.

It is unlawful for any person to discriminate:
A. 
By refusing to sell, lease, finance or contract to construct housing or by refusing to discuss the terms thereof.
B. 
By refusing to permit inspection or exacting different or more stringent price, terms or conditions for the sale, lease, financing or rental of housing.
C. 
By refusing to finance or sell an unimproved residential lot or to construct a home or residence upon such lot.
D. 
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 indicated any discrimination in connection with housing.
E. 
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.
F. 
By refusing to renew a lease, causing the eviction of a tenant from rental housing, or engaging in the harassment of a tenant.
G. 
By otherwise making unavailable or denying housing, in a manner described in § 106.50(2), (2m) or (2r), Wis. Stats.
[Added 3-8-2011 by Ord. No. 2011-02]

§ 612-4 Exceptions.

Nothing in this chapter shall prohibit:
A. 
Discrimination on the basis of age in relation to housing designed to meet the needs of elderly individuals.
B. 
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.
C. 
The development of housing designed specifically for persons with a disability and discrimination on the basis of disability in relation to such housing.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
The activities described as exempt or excluded by § 106.50(5m), Wis. Stats.
[Added 3-8-2011 by Ord. No. 2011-02]

§ 612-5 Representations designed to induce panic sales. [1]

No person may induce or attempt to induce a person to sell or rent housing by representations regarding the present or prospective entry into the neighborhood of a person of a particular economic status or a member of a protected class, or by representations to the effect that such present or prospective entry will or may result in any of the following:
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 612-6 Interference, coercion or intimidation.

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.

§ 612-7 Requiring references.

[Added 3-12-1981 by Ord. No. 487[1]]
Nothing in this chapter prohibits an owner or agent from requiring that a person who seeks to buy or rent housing supply information concerning family status and marital, financial, and business status but not concerning race, color, disability, sexual orientation, ancestry, national origin, religion, creed, status as a victim of domestic abuse, sexual assault, or stalking, or, subject to § 106.50(5m)(f)2, Wis. Stats., age.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 612-8 Fair Housing Commission. [1]

See Chapter 19, Article V of this Code.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 612-9 Enforcement.

A. 
By the Fair Housing Commission.
(1) 
In those cases where the Commission, after investigation as provided in Chapter 19, Article V, of this Code, believes a violation of this chapter of the Village Code has occurred and has not been eliminated or remedied, the Commission may, on behalf of the Village, cause an action to be brought for a forfeiture for violation of this chapter of the Village Code. A complaint or affidavit in the usual form alleging a violation of a Village ordinance may be signed by any member of the Commission, provided a resolution authorizing such action has been adopted at a meeting of the Commission by the affirmative vote of not fewer than three of its members. The complaint or affidavit may be made on information and belief.
(2) 
In those cases where the Commission is of the opinion that an existing violation of this chapter of the Village Code is not only a violation of this Code but is also a violation of any state statute now or hereafter adopted, the Commission by the affirmative vote of not fewer than three of its members may, instead of bringing proceedings for violation of this chapter of the Village Code, refer the matter to the appropriate state officer or agency for proceedings pursuant to the state law.
B. 
By the complainant. The person originally making the complaint pursuant to § 19-28A of the Code of the Village of Fox Point may bring an action in Municipal Court for a forfeiture for violation of this chapter of the Code, under the following conditions:
(1) 
When he disagrees with the determination of the Commission that no violation has occurred;
(2) 
When he disagrees with the determination of the Commission that the alleged violation has been eliminated or remedied; or
(3) 
After a period of 90 days from the filing of the complaint, if the Commission has made no determination.
C. 
Restricted. Except for members of the Commission acting pursuant to Subsection A above, or a complainant acting pursuant to Subsection B above, no one is authorized to bring any action for a forfeiture based on an alleged violation of this chapter of the Village Code.

§ 612-10 Violations and penalties.

[Amended 3-8-2011 by Ord. No. 2011-02]
Any person who willfully violates any provisions of this chapter shall, for each such violation, forfeit an amount that is within the forfeiture range established by § 106.50(6)(h), Wis. Stats. Payment of any such forfeiture shall be stayed during the period in which any appeal may be taken and during the pendency of any appeal.

§ 612-11 Public policy.

[Amended 3-8-2011 by Ord. No. 2011-02]
This chapter of the Village Code was adopted, among other things, for the purpose of furthering the public policy of the state as is set forth in §§ 106.50, 66.1011 and 66.0125, Wis. Stats. Said statutes, as existing on the date of adoption of this chapter and as may be amended in the future from time to time, including any recodification or renumbering of said statutes, are incorporated herein by reference. In the event the requirements of this chapter are not as restrictive as said state laws, the statutory requirements shall apply.