[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993
as Title 15, Ch. 3 of the 1989 Code of Ordinances. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 106.
It is hereby declared to be the policy of the City of Manawa to assure
equal opportunity to all persons to live in adequate housing facilities regardless
of race, color, religion, ancestry, national origin, sex, handicap, sexual
preference, marital status of persons maintaining a household, lawful source
of income, place of birth or age and to that end to prohibit discrimination
in housing by any persons. (State law reference: W.S.A. s. 66.432)
As used in this chapter, the following terms shall have the meanings
indicated:
Any difference in treatment based upon race, color, religion, sex,
sexual preference, ancestry, handicap, marital status, place of birth or national
origin or any act that is unlawful under this chapter.[1]
One or more individuals, corporations, partnerships, associations,
labor organizations, legal representatives, mutual companies, joint-stock
companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy
and receivers.
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, cotenant, 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 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 or 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.
A.
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 for a person, owner, financial institution,
real estate broker or real estate salesperson, or any representative of the
above, to:
(1)
Refuse to sell, purchase, rent or lease to, or deny to
or withhold any housing accommodation from, a person because of his or her
race, color, religion, ancestry, national origin, handicap, marital status,
sexual preference, sex, age or place of birth.
(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 race, color, religion, ancestry, national origin, handicap,
marital status, sexual preference, sex, age or place of birth.
(4)
Refuse to negotiate for the sale, purchase, rental or
lease of any housing accommodation to a person because of his or her race,
color, religion, ancestry, national origin, handicap, marital status, sexual
preference, sex, age or place of birth.
(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 race, color, religion, national origin, handicap, marital
status, sexual preference, sex, age or place of birth.
(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 race, color,
religion, ancestry, national origin, handicap, marital status, sexual preference,
sex, age or place of birth in the area to be affected by such sale, purchase,
rental or lease will or may result in either:
(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 or she has opposed a practice declared unlawful by this chapter
or because he or she has filed a complaint or testified, 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 race, color, religion, ancestry, national
origin, handicap, marital status, sexual preference, sex, age or place of
birth.
(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 or her in the terms or conditions
of such access, membership or participation on account of race, color, religion,
ancestry, national origin, handicap, marital status, sexual preference, sex,
age or place of birth.
B.
It shall be unlawful 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 or 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 race,
color, religion, ancestry, national origin, handicap, marital status, sexual
preference, sex, age or place of birth of such person or of any person associated
with him or 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.
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 a 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, religion, ancestry, national origin, handicap,
marital status, sexual preference, sex, age or place of birth.
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 or her 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 salesperson 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, salesperson 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 or her residence.
Any person aggrieved by an unlawful practice prohibited by this chapter
may file a complaint with the Common Council within 30 days after the aggrieved
person becomes aware of the alleged unlawful practice and in no event more
than 60 days after the alleged unlawful practice has occurred. The Common
Council or duly authorized representative shall receive each complaint and
attempt to resolve each complaint. Failure to achieve a resolution acceptable
to both parties and compliance with this chapter shall cause the Common Council
to forward the complaint and findings to appropriate state and federal agencies.