[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 15, Ch. 3
of the 2001 Code. Amendments noted where applicable.]
[Amended 7-19-2010 by Ord. No. 2010-02; 5-2-2019 by Ord. No. 2019-2]
A.
It is hereby
declared to be the policy of the City of Weyauwega to assure equal
opportunity to all persons to live in adequate housing facilities
regardless of sex, race, color, sexual orientation, disability, religion,
national origin, marital status, family status, lawful source of income,
age, or ancestry and, to that end, to prohibit discrimination in housing
by any persons.
B.
The officials
and employees of the City of Weyauwega shall assist in the orderly
prevention and removal of all discrimination in housing within the
City by implementing the authority and enforcement procedures set
forth in § 106.50, Wis. Stats., as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
Any difference in treatment based upon sex, race, color,
sexual orientation, disability, religion, national origin, marital
status, family status, lawful source of income, age, or ancestry or
any act that is unlawful under this chapter.
[Amended 7-19-2010 by Ord. No. 2010-02]
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 building or structure.
Includes one natural person.
[Amended 7-19-2010 by Ord. No. 2010-02]
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 definition.
An individual who is engaged in or who performs the business
or services of a mortgage broker as 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.
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.
Individuals, children, firms, associations, joint ventures,
partnerships, estates, trusts, business trusts, syndicates, fiduciaries,
corporations and all other groups or combinations.
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 the 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/she
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.
Buildings, structures, lands, tenements, leaseholds, cooperatives
and condominiums.
In connection with any of the transactions set
forth in this section 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 City:
A.
For a person,
owner, financial institution, real estate broker or real estate salesman,
or any representative of the above, to:
(1)
Refuse to sell, purchase, rent or lease or deny to
or withhold any housing accommodation from a person because of his
or her sex, race, color, sexual orientation, disability, religion,
national origin, marital status, family status, lawful source of income,
age, or ancestry;
[Amended 7-19-2010 by Ord. No. 2010-02]
(2)
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;
(3)
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 or her sex, race, color, sexual orientation,
disability, religion, national origin, marital status, family status,
lawful source of income, age, or ancestry;
[Amended 7-19-2010 by Ord. No. 2010-02]
(4)
Refuse to negotiate for the sale, purchase, rental
or lease of any housing accommodation to a person because of his or
her sex, race, color, sexual orientation, disability, religion, national
origin, marital status, family status, lawful source of income, age,
or ancestry;
[Amended 7-19-2010 by Ord. No. 2010-02]
(5)
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 refuse to permit a person to inspect
any housing accommodation, because of his or her sex, race, color,
sexual orientation, disability, religion, national origin, marital
status, family status, lawful source of income, age, or ancestry;
[Amended 7-19-2010 by Ord. No. 2010-02]
(6)
Make, publish, print, circulate, post or mail, or
cause to be made, published, printed, circulated, posted, or mailed,
any notice, statement or advertisement or announce a policy or sign
or use a form of application for the sale, purchase, rental, lease
or financing of any housing accommodation or 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;
(7)
Offer, solicit, accept or use a list of any housing
accommodation 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;
(8)
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, sexual orientation, disability, religion, national
origin, marital status, family status, lawful source of income, age,
or ancestry in the area to be affected by such sale, purchase, rental
or lease will or may result in either:
[Amended 7-19-2010 by Ord. No. 2010-02]
(9)
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 City for the purpose of inducing
or attempting to induce any such listing or any of the above transactions;
(10)
Engage in or hire to be done or 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;
(11)
Retaliate or discriminate in any manner against
a person because he/she has opposed a practice declared unlawful by
this chapter or because he/she has filed a complaint, testified, or
assisted or participated in any manner in any investigation, proceeding,
hearing or conference under this chapter;
(12)
Aid, abet, incite, compel or coerce any person
to engage in any of the practices prohibited by this chapter or obstruct
or prevent any person from complying with the provisions of this chapter
or any orders issued thereunder;
(13)
By canvassing, commit any unlawful practices
prohibited by this chapter;
(14)
Otherwise deny to or withhold any housing accommodation
from a person because of his or her sex, race, color, sexual orientation,
disability, religion, national origin, marital status, family status,
lawful source of income, age, or ancestry; or
[Amended 7-19-2010 by Ord. No. 2010-02]
(15)
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 discriminate against
him/her in the terms or conditions of such access, membership, or
participation on account of sex, race, color, sexual orientation,
disability, religion, national origin, marital status, family status,
lawful source of income, age, or ancestry.
[Amended 7-19-2010 by Ord. No. 2010-02]
B.
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/her in the
fixing of the amount, interest rate, duration, or other terms or conditions
of such loan or other financial assistance, because of the sex, race,
color, sexual orientation, disability, religion, national origin,
marital status, family status, lawful source of income, age, or ancestry
of such person or of any person associated with him/her 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.
[Amended 7-19-2010 by Ord. No. 2010-02]
This chapter 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 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, ancestry, national origin, disability, marital status,
sexual orientation, sex, age, family status, or lawful source of income.
[Amended 7-19-2010 by Ord. No. 2010-02]
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,
that 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;
(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; and
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.
[Amended 5-2-2019 by Ord. No. 2019-2]
The Municipal Clerk shall maintain forms for
complaints to be filed under § 106.50, Wis. Stats., as amended,
and shall assist any person alleging a violation thereof in the City
of Weyauwega to file a complaint thereunder with the Wisconsin Department
of Workforce Development, Equal Rights Division, for enforcement of
§ 106.50, Wis. Stats., as amended.
[Amended 7-19-2010 by Ord. No. 2010-02]
Violations of this chapter shall be subject to the forfeitures
prescribed in § 106.50, Wis. Stats.
