[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991
as Title 10, Ch. 3 of the 1991 Code. Amendments noted where applicable.]
It is hereby declared to be the policy of the Town of Cedarburg 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 meaning
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.
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 buildings or structure.
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, 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.
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 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.
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 Town for a person, owner, financial institution, real
estate broker or real estate salesman, or any representative of the above,
to:
A.
Refuse housing accommodation. 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;
B.
Terms, conditions or privileges. 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.
Bona fide offer. 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;
D.
Refuse to negotiate. 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;
E.
Not available. 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, or place of
birth;
F.
Indicate any discrimination. 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.
Housing accommodation subjected to discrimination. 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.
Presence or anticipated presence. 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:
I.
Misrepresentations. 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 Town for the purpose of inducing or attempting
to induce any such listing or any of the above transactions;
J.
Discouraging or inducing. 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.
Opposed a practice. 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.
Engage in practices prohibited. 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.
Canvassing. By canvassing, commit any unlawful practices
prohibited by this chapter;
N.
Housing accommodation. 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;
O.
Commercial real estate loans. 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; or
P.
Membership. 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, ancestry, national origin, handicap,
marital status, sexual preference, sex, age, or place of birth.[1]
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; and 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
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 Town 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 Town 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 cause the Town Board to forward the
complaint and findings to appropriate state and federal agencies.
