[HISTORY: Adopted by the Village Board of the Village of
Blanchardville as Ch. 15 of the 2003 Municipal Code. Amendments noted
where applicable.]
GENERAL REFERENCES
Equal Opportunity Commission — See Ch. 16, § 16-11.
It is the policy of the Village to provide, within constitutional
limitations, for fair housing throughout the Village of Blanchardville.
Certain words or terms in this chapter are defined for the purpose
hereof as follows:
To segregate, separate, exclude, or treat a person or class
of persons unequally because of sex, race, color, sexual orientation,
disability, religion, national origin, marital status, family status,
status as a victim of domestic abuse, sexual assault, or stalking,
lawful source of income, age, or ancestry.[1]
Any physical disability or developmental disability as defined
under § 51.01(5)(a), Wis. Stats.
Any improved property, including any mobile home as defined
in § 66.0435, Wis. Stats., which is used or occupied, or
is intended, arranged or designed to be used or occupied, as a home
or residence.
Any residential lot upon which no permanent building or structure
containing living quarters has been constructed.
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 indicates any discrimination
in connection with housing.
E.
For the 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.
A.
Nothing in this chapter shall prohibit discrimination on the basis
of age in relation to housing designed to meet the needs of elderly
individuals.
B.
Nothing in this chapter shall prohibit 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.
Nothing in this chapter shall prohibit the development of housing
designed specifically for persons with a handicap and discrimination
on the basis of handicap in relation to such housing.
D.
This chapter shall not apply to 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, sex or national origin.
E.
This chapter shall not apply to a private club not, in fact, open
to the public which, as an incident to its primary purpose, 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.
F.
This chapter shall not apply to any single-family house sold or rented
by an owner, provided that:
(1)
Such private individual owner does not own more than three such single-family
houses at any one time.
(2)
In the case of the sale of any such single-family house by a private
individual owner 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.
(3)
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.
(4)
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:
(a)
Without the use, in any manner, of the sales or rental facilities
or the 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.
(b)
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(c) or of § 189-3 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.
G.
This chapter shall not apply to 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.
H.
Nothing in this chapter shall prohibit any owner or agent from requiring
that any person who seeks to buy, rent or lease housing supply information
concerning family, marital, financial and business status which may
include information from previous landlord such as payment completed
compensation, good order and physical condition of the previous abode,
but not concerning race, color, creed, sex, handicap, sexual orientation
or national origin.
No person may induce, or attempt to induce, any person to sell,
rent or lease any dwelling by representations regarding the present
or prospective entry into the neighborhood of a person or persons
of a particular race, color, religion, national origin, sexual orientation
or economic status or by representations to the effect that such present
or prospective entry will or may result in:
A.
The Equal Opportunity Commission shall have the right, power, authority
and responsibility to investigate complaints charging violations of
this chapter, to make a prompt and full investigation of each such
complaint, and to request the Village Attorney to commence proceedings
in the appropriate court in the name of the Village for the enforcement
of this chapter. The Village Attorney, upon the request of the Equal
Opportunity Commission, may issue a complaint if, in his judgment,
an action of discrimination is sustainable in court.[1]
B.
Any person claiming to be aggrieved by an alleged discriminatory
practice or act contrary to the provisions of this chapter may, in
person or through a duly authorized representative, make, sign and
file a complaint with the Commission.
C.
The complaint shall be in writing and signed before a notary public
on a form supplied by or acceptable to the Commission. Each complaint
shall contain the following:
(1)
The full name and address of the person making the complaint.
(2)
The full name and address of the person against whom the complaint
is made.
(3)
A plain and concise statement of the facts constituting the alleged
unlawful discriminatory practice or act.
(4)
The date or dates of the alleged unlawful discriminatory practice
or act.
D.
A complaint shall be filed with the Equal Opportunity Commission
as soon as possible after the date of the alleged discriminatory practice
or act, but it shall be filed within 30 days after the aggrieved person
becomes aware of the alleged discriminatory practice or act, and in
no event more than 60 days after the alleged discriminatory practice
or act occurred.[2]
E.
Upon receipt of a verified complaint as hereinabove provided, the
Commission shall promptly conduct, or cause to be conducted, an investigation
of the allegations contained therein. The person against whom such
complaint has been made shall be notified of the complaint made and
a copy of the complaint shall be served upon said respondent. The
initial complaint shall be served prior to the commencement of the
investigation by the Commission. The respondent shall be invited to
respond in writing within 10 days of the date of receipt of the complaint.
The answer shall be a written statement by the respondent which replies
to the allegations of the complainant. Each answer shall contain the
following:
(1)
The respondent's current address.
(2)
An admission of any allegations in the complaint that are true.
(3)
A specific denial of each and every allegation of the complaint that
the respondent disagrees with.
(4)
A denial of any allegation for which the respondent does not have
enough knowledge or information to form an opinion about its truth
or falsity.
(5)
A statement of any matter constituting a defense to the complainant's
charges.
F.
The Equal Opportunity Commission shall attempt to resolve the dispute
between the complainant and the respondent by conference, conciliation
and persuasion unless either party requests the Commission not to
undertake conciliation. If the Commission cannot achieve a resolution
acceptable to both parties, it may either forward the complaint, the
answer and its findings to the Village Attorney for prosecution under
this chapter or it may forward such information to the appropriate
state and/or federal agencies as it deems appropriate. The Commission
may dismiss a complaint if the complainant fails to respond within
10 days from the receipt of any correspondence from the Commission
concerning the complaint provided that such correspondence was sent
by certified mail, return receipt requested, to the last known address
of the complainant.[3]
Nothing herein contained shall prevent any person from exercising
any right or seeking any remedy to which said person might otherwise
be entitled under state and/or federal law.
