It is hereby declared to be the policy of the Village of Orfordville
to assure equal opportunity to all persons to live in adequate housing facilities
regardless of race, color, religion, ancestry, national origin, sex, handicap,
age, family status, 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.
As used in this chapter, the following terms shall have the meanings
indicated:
DISCRIMINATION/DISCRIMINATORY HOUSING PRACTICE
Any difference in treatment based upon race, color, religion, sex,
sexual preference, age, family status, ancestry, handicap, marital status,
place of birth or national origin, or any act that is unlawful under this
chapter.
DWELLING
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.
FAMILY
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.
FINANCIAL INSTITUTION
Any person, as defined herein, engaged in the business of lending
money or guaranteeing loans.
HOUSING ACCOMMODATION/DWELLING
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.
MORTGAGE BROKER
An individual who is engaged in or who performs the business or services
of a mortgage broker as defined by Wisconsin Statutes.
OPEN MARKET
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.
OWNER
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.
PERSON
Individuals, children, firms, associations, joint ventures, partnerships,
estates, trusts, business trusts, syndicates, fiduciaries, corporations and
all other groups or combinations.
REAL ESTATE BROKER/REAL ESTATE SALESMAN
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 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.
REAL PROPERTY
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 Village for a person, owner, financial institution,
real estate broker or real estate salesman, or any representative of the above,
to:
A. Refuse to sell, purchase, rent or lease, or deny to or
withhold, any housing accommodation from a person because of his race, color,
religion, ancestry, national origin, handicap, marital status, sexual preference,
sex, age, family status, or place of birth;
B. To 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;
C. To 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 race, color, religion, ancestry, national origin, handicap,
marital status, sexual preference, sex, age, family status, or place of birth;
D. To refuse to negotiate for the sale, purchase, rental
or lease of any housing accommodation to a person because of his race, color,
religion, ancestry, national origin, handicap, marital status, sexual preference,
sex, age, family status, or place of birth;
E. To 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 to refuse to permit a person to inspect any housing
accommodation because of his race, color, religion, national origin, handicap,
marital status, sexual preference, sex, age, family status, or place of birth;
F. To make, publish, print, circulate, post or mail, or
cause to be made, published, printed, circulated, posted, or mailed, any notice,
statement or advertisement, or to announce a policy or to sign or to use a
form of application for the sale, purchase, rental, lease or financing of
any housing accommodation, or to 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;
G. To 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;
H. To 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, family status, or place of birth in the area to be affected by such
sale, purchase, rental or lease will or may result in either:
(1) The lowering of property values in the area;
(2) An increase in criminal or antisocial behavior in the
area; or
(3) A decline in the quality of schools serving the area;
I. To 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 Village for the purpose of inducing or attempting to induce
any such listing or any of the above transactions;
J. To engage in or hire to be done, or to 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;
K. To retaliate or discriminate in any manner against a
person because he has opposed a practice declared unlawful by this chapter
or because he has filed a complaint, testified, assisted or participated in
any manner in any investigation, proceeding, hearing or conference under this
chapter;
L. To aid, abet, incite, compel or coerce any person to
engage in any of the practices prohibited by this chapter or to obstruct or
prevent any person from complying with the provisions of this chapter or any
orders issued thereunder;
M. By canvassing, to commit any unlawful practices prohibited
by this chapter;
N. Otherwise to deny to or withhold any housing accommodation
from a person because of his race, color, religion, ancestry, national origin,
handicap, marital status, sexual preference, sex, age, family status, or place
of birth;
O. 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 in the fixing of the amount, interest
rate, duration, or other terms or conditions of such loans or other financial
assistance because of the race, color, religion, ancestry, national origin,
handicap, marital status, sexual preference, sex, age, family status, or place
of birth of such person or of any person associated with him 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; or
P. To 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 to discriminate against him 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.
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, religion, ancestry, national origin,
handicap, marital status, sexual preference, sex, age, family status, 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 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
(3) Without the violation of §
163-3 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.
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.
Any person aggrieved by an unlawful practice prohibited by this chapter
may file a complaint with the Village Board 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 Village
Board 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 Village Board to
forward the complaint and findings to appropriate state and federal agencies.
This chapter is amended to include, as a protected class, families with
children as defined by the Federal Fair Housing Act of 1988.