[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.]
[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.
In this chapter, unless the content requires otherwise, the
following terms shall have the meanings indicated:
Have the meaning described in § 106.50(1m)(h),
Wis. Stats.
[Amended 3-8-2011 by Ord.
No. 2011-02]
As defined in § 106.50(1m)(g), Wis. Stats.[1]
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]
Any residential lot upon which no permanent building or structure
containing living quarters has been constructed.
[Added 3-12-1981 by Ord. No. 487]
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]
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.
D.
The activities described as exempt or excluded by § 106.50(5m),
Wis. Stats.
[Added 3-8-2011 by Ord.
No. 2011-02]
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:
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.
[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.
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.
[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.
[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.
