[HISTORY: Adopted by the Common Council of the City of Oconto Falls 9-7-1983
(Ch. 10D). Amendments noted where applicable.]
It is the policy of the Council to provide, within constitutional limitations,
for fair housing throughout the City of Oconto Falls.
As used in this chapter, the following terms shall have the meanings
indicated:
To refuse to sell or rent, after making a bona fide offer, or to refuse
to negotiate for the sale or rental of or make unavailable or deny a dwelling
to any person because of race, national origin, ancestry, color, religion,
sex, sexual orientation, marital status, family status, lawful source of income,
disability, or age.
To discriminate against any person in the terms, conditions, or privileges
of sale or rental of a dwelling, or in the provision of services or facilities
in connection therewith, because of race, national origin, ancestry, color,
religion, sex, sexual orientation, marital status, family status, lawful source
of income, disability, or age.
To make, print, or publish or cause to be made, printed or published
any notice, statement or advertisement with respect to the sale or rental
of a dwelling that indicates any preference, limitation or discrimination
based on race, national origin, ancestry, color, religion, sex, sexual orientation,
marital status, family status, lawful source of income, disability, or age.
To represent to any person because of race, national origin, ancestry,
color, religion, sex, sexual orientation, marital status, family status, lawful
source of income, disability, or age that any dwelling is not available for
inspection, sale or rental when such dwelling is, in fact, so available.
For any bank, building and loan association, insurance company or other
corporation, association, firm or enterprise whose business consists 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 or maintaining a dwelling or to discriminate against him in the
fixing of the amount, interest rate, duration, or terms or conditions of such
loan or other financial assistance because of race, national origin, ancestry,
color, religion, sex, sexual orientation, marital status, family status, lawful
source of income, disability, or age of such person or persons.
To deny any person access to or membership or participation in any multiple-listing
service, real estate broker's organization or other service organization or
facility relating to the business of selling or renting dwellings or to discriminate
against such person in terms or conditions of such access, membership or participation
on account of race, national origin, ancestry, color, religion, sex, sexual
orientation, marital status, family status, lawful source of income, disability,
or age.
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 or more individuals, corporations, partnerships, associations,
labor organizations, legal representatives, mutual companies, joint-stock
companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy
and receivers.
Includes a single individual.
Includes to lease, sublease, to let and otherwise grant for a consideration
the right to occupy premises not owned by the occupant.
A.Â
It is unlawful to discriminate in the sale or rental
of housing or to commit any discriminatory housing practice, except that this
chapter shall not apply to any of the following:
(1)Â
Any single-family house sold or rented by an owner, provided that in 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, the exemption granted by this subsection shall apply only with respect to one such sale within a twenty-four-month period; 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 without the use of any real estate broker, agent, or salesman and without the publication, posting or mailing of any advertisement in violation of Subsection C of the definition of "discriminatory housing practice" in § 238-2, but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, or title companies to perfect or transfer title.
(2)Â
Rooms or units in dwellings containing living quarters
occupied or intended to be occupied by no more than four families living independent
of each other, if the owner actually maintains and occupies one of such living
quarters as his residence.
B.Â
A religious organization, association, or society or any nonprofit
institution or organization operated, supervised, or controlled by or in conjunction
with a religious organization, association or society shall not be prohibited
from limiting 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 from giving preference to such persons, unless membership in such religion
is restricted on account of race, national origin, ancestry, color, sex, sexual
orientation, marital status, family status, lawful source of income, disability,
or age.[1]
C.Â
Nothing in this chapter shall prohibit a private club,
not open to the public, which as an incident to its primary purpose or purposes
provides lodging which it owns or operates for other than a commercial purpose,
from limiting the rental or occupancy of such lodgings to its members.
A.Â
The Mayor, subject to Council confirmation, shall appoint
an Equal Opportunities Commission, consisting of five members. One member
shall be an Alderman whose term of office shall be one year. Four members
shall be citizen members whose terms of office shall be for two
years. Commission members shall be residents of the City of Oconto Falls and
shall receive no compensation for their services.
B.Â
The Commission shall have the power and duty to study
the existence, character, cause and extent of the denial of equal opportunities
because of race, national origin, ancestry, color, religion, sex, sexual orientation,
marital status, family status, lawful source of income, disability, or age
in the City of Oconto Falls. It shall receive complaints alleging violation
of this chapter arising from bona fide transactions and attempt to eliminate
or remedy any violation by means of conciliation, persuasion, education or
any other means. In cases where Commission obtains compliance with this chapter
or the Commission finds the complaint is without foundation, no public disclosure
shall be made by the Commission of the person or persons named in the complaint.
The Commission may adopt such rules and regulations as may be necessary to
carry out the provisions of this chapter.[1]
C.Â
The services of an investigator shall be available to
aid in the promoting of the purpose of this chapter.
Whenever the Commission is unable to eliminate or correct an alleged
discriminatory housing practice by informal means, it may request the City
Attorney to commence and prosecute a civil action to enforce the provisions
of this chapter. The City Attorney may bring civil action in Circuit Court
by filing with the Court a complaint setting forth the facts and requesting
such preventive relief, including an application for a temporary or permanent
injunction, restraining order or such other order, as he deems necessary to
ensure the full enjoyment of the rights granted by this chapter.
