[HISTORY: Adopted by the Board of Supervisors of Grant County 10-5-2004
by Ord. No. 47. Amendments noted where applicable.]
A.Â
It is unlawful for any person in Grant County to discriminate:
(1)Â
By refusing to sell, rent, finance or contract to construct
housing or by refusing to negotiate or discuss the terms thereof;
(2)Â
By refusing to permit inspection or exacting different
or more stringent price, terms, or conditions for the sale, lease, financing
or rental of housing;
(3)Â
By refusing to finance or sell an unimproved residential
lot or to construct a home or residence on such lot;
(4)Â
By advertising in a manner that indicates discrimination
by a preference or limitation;
(5)Â
For a person in the business of insuring against hazards,
by refusing to enter into, or by exacting different terms, conditions or privileges
with respect to, a contract of insurance against hazards to a dwelling;
(6)Â
By refusing to renew a lease, causing the eviction of
a tenant from rental housing or engaging in the harassment of a tenant;
(7)Â
In providing the privileges, services or facilities that
are available in connection with housing;
(8)Â
By falsely representing that housing is unavailable for
inspection, rental or sale;
(9)Â
By denying access to, or membership or participation
in, a multiple listing service or other real estate service;
(10)Â
By coercing, intimidating, threatening, or interfering
with a person in the exercise or enjoyment of, or on account of his or her
having exercised or enjoyed, a right granted or protected under this chapter,
or with a person who has aided or encouraged another person in the exercise
or enjoyment of a right granted or protected under this chapter;
(11)Â
By otherwise making unavailable or denying housing; or
(12)Â
In making available any of the following transactions,
or in the terms or conditions of such transactions, for a person whose business
includes engaging in residential real estate related transactions: the making
or purchasing of loans or the provision of other financial assistance for
purchasing, constructing, improving, repairing or maintaining housing or the
making or purchasing of loans or the provision of other financial assistance
secured by residential real estate, or the selling, brokering or appraising
of residential real property.
B.Â
No person may induce or attempt to induce a person to
sell or rent housing by representations regarding the present or prospective
entry in to the neighborhood of a person of a particular economic status or
a member of a protected class, or by representations to the effect that such
present or prospective entry will or may result in any of the following:
C.Â
No person may do any of the following:
(1)Â
Segregate, separate, exclude or treat unequally in the
sale or rental of, or otherwise make unavailable or deny, housing to a buyer
or renter because of a disability of that buyer or renter, a disability of
a person residing in or intending to reside in that housing after it is sold,
rented or made available or a disability of a person associated with that
buyer or renter.
(2)Â
Segregate, separate, exclude or treat unequally a person
in the terms, conditions or privileges of sale or rental of housing or in
the provision of services or facilities in connection with such housing because
of disability of that person, a disability of a person residing in or intending
to reside in that housing after it is sold, rented or made available or a
disability of a person associated with that person.
(3)Â
Refuse to permit, at the expense of a person with a disability,
reasonable modifications of existing housing that is occupied, or is to be
occupied, by such a person if the modifications may be necessary to afford
the person full enjoyment of the housing, except that in the case of rental
housing the landlord may, where it is reasonable to do so, condition permission
for a modification on the tenant's agreement to restore the interior of the
housing to the condition that existed before the modification, other than
reasonable wear and tear. The landlord may not increase any customarily required
security deposit. Where it is necessary to ensure that funds will be available
to pay for the restorations at the end of the tenancy, the landlord may negotiate
as part of a restoration agreement a requirement that the tenant pay into
an interest-bearing escrow account, over a reasonable period, a reasonable
amount of money not to exceed the cost of the restorations. The interest in
any such account shall accrue to the benefit of the tenant. If escrowed funds
are not used by the landlord for restoration, they shall be returned to the
tenant.
(4)Â
Refuse to make reasonable accommodations in rules, policies,
practices or services that are associated with the housing when such accommodations
may be necessary to afford the person equal opportunity to use and enjoy housing,
unless the accommodation would impose an undue hardship on the owner of the
housing.
D.Â
If an individual's vision, hearing or mobility is impaired,
it is discrimination for a person to refuse to rent or sell housing to the
individual, cause the eviction of the individual from housing, require extra
compensation from an individual as a condition of continued residence in housing
or engage in the harassment of the individual because he or she keeps an animal
that is specially trained to lead or assist the individual with impaired vision,
hearing or mobility if all of the following apply:
(1)Â
Upon request, the individual shows to the lessor, seller
or representative of the condominium association credentials issued by a school
recognized by the State of Wisconsin as accredited to train animals for individuals
with impaired vision, hearing or mobility; and
(2)Â
The individual accepts liability for sanitation with
respect to and damage to the premises caused by the animal.
E.Â
No person may design or construct covered multifamily
housing unless it meets the standards specified in § 101.132, Wis.
Stats. No person may remodel housing with three or more dwelling units unless
the remodeled housing meets the applicable standards contained in § 101.132,
Wis. Stats.
F.Â
In this section, the term "discriminate" means to segregate,
separate, exclude or treat a person or class of persons unequally in a manner
described in this section because of sex, race, color, sexual orientation,
disability, religion, national origin, marital status, family status, lawful
source of income, age or ancestry.
Grant County hereby adopts the definitions, exemptions, and exclusions
contained in § 106.50, Wis. Stats., and the same are hereby made
a part of this chapter.
The Grant County Corporation Counsel is hereby authorized to file a
lawsuit in Circuit Court against any violators of this chapter, including
but not limited to an action seeking an injunction or restraining order against
the violator.
If a court determines that a violation of any of the provisions of § 133-1 of this chapter has occurred, a court shall impose a forfeiture upon the violator in an amount not to exceed the maximum forfeitures contained in § 106.50, Wis. Stats., plus costs and attorney fees. A court shall also be authorized to issue an order enjoining the violator from further or continued violations of this chapter. The Grant County Corporation Counsel is authorized to file contempt proceedings against any violators who fail to pay court-ordered forfeitures, court costs and attorney fees.
Any person who wishes to file a complaint regarding an alleged violation
of this chapter shall complete a written complaint form which can be obtained
from the Grant County Clerk. The complaint form shall request the complainant's
name, address, telephone number, a statement as to the details of the alleged
violations of this chapter, the date or dates of alleged violations, the name
and address of the alleged violator, a list of the names, telephone numbers,
and addresses of witnesses, and a statement as to whether or not a complaint
has been filed with the State of Wisconsin. The County Clerk shall then refer
the written complaint to the Corporation Counsel for investigation and prosecution
of any violations found by the Corporation Counsel.