It is hereby declared to be the policy of the Village of Theresa 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.
As used in this chapter, the following terms shall have the meanings
indicated:
DISCRIMINATE
To segregate, separate, exclude or treat a person or class of persons
unequally in a manner described in § 106.50(2), (2m) or (2r), Wis.
Stats., because of sex, race, color, sexual orientation, disability, religion,
national origin, marital status, family status, lawful source of income, age
or ancestry.
[Amended 9-11-2006]
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.
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, co-tenant, 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:
A. For a person, owner, financial institution, real estate
broker or real estate salesman, or any representative of the above, to:
(1) 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, 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
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 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 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 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;
(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:
(a) The lowering of property values in the area;
(b) An increase in criminal or antisocial behavior in the
area; or
(c) A decline in the quality of schools serving the area;
(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 Village 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 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;
(11) 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;
(12) 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;
(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 race, color, religion, ancestry, national origin,
handicap, marital status, sexual preference, sex, age, or place of birth;
or.
(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 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.
B. 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, 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.
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, 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 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 of 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 §
162-3 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.