[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000
by Ord. No. 2124 as Ch. 21 of the Municipal Code. Amendments
noted where applicable.]
It is the policy of the city to provide within constitutional limitations
for fair housing throughout the city.
A.
It is the intent of this chapter to render unlawful discrimination
in housing where the sale, rental or lease of the housing constitutes a business.
The city shall assist in the orderly prevention or removal of all discrimination
through the powers created under the Wisconsin Statutes. This chapter shall
be deemed an exercise of the police powers of the city for the protection
of the welfare, health, peace, dignity and human rights of the people of the
city.
B.
Nothing in this chapter shall be deemed to prohibit an
owner or his agent from requiring that any person who seeks to buy, rent or
lease housing supply information concerning his family, financial and business
status, but not concerning sex, race, color, sexual orientation, handicap,
religion, national origin, sex or marital status of the person maintaining
a household, lawful source of income, age or ancestry.
In this chapter, unless the context requires otherwise, the following
terms shall have the meanings indicated:
To segregate, separate, exclude or treat any person unequally only
because of sex, race, color, handicap, sexual orientation, religion, national
origin, sex or marital status of the person maintaining a household, lawful
source of income, age or ancestry. It is intended that the factors set forth
herein shall be the sole basis for prohibiting discrimination.
Any improved property, but does not include:
Any single-family building occupied by the owner as his residence and
any single-family building occupied by the owner in which single rooms are
rented out for occupancy by three or fewer individuals not members of the
owner's family.
Any two-family, owner-occupied dwelling all in one structure, in which
one of the dwelling units is rented out for occupancy.
Any residential lot upon which no permanent building or structure
containing living quarters has been constructed.
A.
It shall be a prohibited discriminatory act for any person
to:
(1)
Print, broadcast or publish or cause to be printed, broadcast
or published any notice or advertisement relating to the transfer, sale, rental
or lease of any housing which expresses limitations, specifications or discrimination
as to sex, race, color, sexual orientation, handicap, religion, national origin,
sex or marital status of the person maintaining a household, lawful source
of income, age or ancestry.
(2)
Refuse to sell, lease, sublease, rent or in any other
manner deny, withhold or impair the transfer of title, leasehold or any other
interest in any part of any housing or housing accommodation, when such refusal
is based to any degree on a consideration of sex, race, color, sexual orientation,
handicap, religion, national origin, sex or marital status of the person maintaining
a household, lawful source of income, age or ancestry.
(3)
Refuse to lend money or security, guarantee any loan,
accept any mortgage or in any other manner make available any other funds
or resources for the construction, acquisition, purchase, rehabilitation,
repair or maintenance of any housing or housing accommodation, when such refusal
is based to any degree on a consideration of the sex, race, color, sexual
orientation, handicap, religion, national origin, sex or marital status of
the person maintaining a household, lawful source of income, age or ancestry
of the person refused.
(4)
Refuse to furnish any facilities or services for any
housing or housing accommodation, whether ordinarily provided pursuant to
legal duty or local custom, when such refusal is based to any degree on a
consideration of the sex, race, color, sexual orientation, handicap, religion,
national origin, sex or marital status of the person maintaining a household,
lawful source of income, age or ancestry of the person refused.
B.
No person shall do or refuse to do any act which to any
degree effects the purpose of any activity prohibited by this chapter.
Nothing in this chapter shall bar any religious or denominational institution
or organization or any charitable or educational organization which is operated,
supervised or controlled by or in connection with a religious organization
from limiting admission to or giving preference to such persons of the same
religion or denomination or from making such selection as is reasonably calculated
by such organization to promote the religious principles for which it is established
or maintained.
A.
There is hereby created a New Berlin Fair Housing Commission
to consist of five members appointed by the Mayor and confirmed by the Council.
One of such members shall be appointed for a term ending May 1, 1969. Two
of such members shall be appointed for a term ending May 1, 1970. Two of such
members shall be appointed for a term ending May 1, 1971. Thereafter, all
appointments shall be for a three-year term. A member shall continue to act
until his successor has been appointed and qualified. A member may be removed
at any time, at will, by a two-thirds vote of the Council. In the event of
a vacancy, an appointment shall be made for the unexpired term.
B.
The Commission shall elect one of its members as Chairman,
one of its members as Vice Chairman and one of its members as Secretary, who
shall serve for one year terms. The Chairman and, in his absence, the Vice
Chairman shall conduct the meetings of the Commission. The Secretary shall
keep such minutes and records, and produce such correspondence as may be reasonably
required by the Commission. Except for the expense incurred by the Secretary
in the performance of his duties, the Commission shall incur no expense as
the obligation of the city without prior approval of the Council. All members
of the Commission shall serve without compensation.
C.
The Fair Housing Commission shall receive and process
complaints or violations of this chapter. Complaints must be verified, and
must constitute a written statement of the essential facts constituting the
discrimination charged. Such complaints must be made within 90 days after
the occurrence of the incident upon which they are based.
D.
If the Commission determines that there is clear, satisfactory,
and convincing evidence of a violation of this chapter, it shall immediately,
by conference, conciliation, and persuasion, endeavor to obtain compliance
with this chapter. If compliance is obtained, or where the Commission determines
that the required evidence of violation does not exist, no public disclosure
shall be made of the parties involved, or the incident involved.
E.
Where the Commission concludes that a violation of this
chapter has occurred, and compliance has not been obtained, the Commission
shall refer such violation to the City Attorney, who may cause an action to
be brought in County Court for forfeiture for said violation. The referral
to the City Attorney must be signed by a member of the Commission when authorized
by a majority vote of the Commission. In any action brought for a violation
of this chapter, a jury trial shall be permitted and the burden of proof shall
be upon the complainant.
F.
If the Commission concludes that the complaint is not
only a violation of this chapter, but also a violation of a state law or a
federal law now or hereafter adopted, the Commission by a majority vote may,
instead of proceeding under this chapter, refer the matter to the appropriate
state or federal officer or agency. Thereafter no further action shall be
taken under this chapter, whether by the Commission or the complainant.
G.
The City Attorney shall represent the Commission in all
actions brought in court for alleged violation of this chapter.
A.
A complainant under this chapter may bring an action
in County Court for forfeiture for violation of this chapter, under the following
conditions:
(1)
Action must be brought within 10 days after the Commission's
decision is mailed to him;
(2)
The complainant disagrees with the determination of the
Commission that there has been no violation, or that it has been eliminated
or remedied; or
(3)
The Commission has not acted within 60 days after the
filing of the complaint.
B.
If the Commission has made a decision, said decision
shall be competent evidence in the County Court action, or any subsequent
court action.
No one may bring an action for forfeiture based upon an alleged violation of this chapter except members of the Commission or the City Attorney acting pursuant to this chapter, or a complainant acting under § 116-7 hereof.
