[HISTORY: Adopted by the Village Board of the Village of
Benton as Title 11, Ch. 7, of the Benton Code of Ordinances. Amendments
noted where applicable.]
It is hereby declared to be the policy of the Village of Benton
to assure equal opportunity to all persons to live in adequate housing
facilities regardless of sex, race, color, sexual orientation, disability,
religion, national origin, marital status, family status, status as
a victim of domestic abuse, sexual assault, or stalking, lawful source
of income, age, or ancestry, to that end, to prohibit discrimination
in housing by any persons.
As used in this chapter, the following terms shall have the
meanings indicated:
Any difference in treatment based upon race, color, religion,
sex, sexual preference, ancestry, handicap, family status, marital
status, place of birth or national origin; or any act that is unlawful
under this chapter.[1]
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, 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.
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 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 or
she 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 Village for a person,
owner, financial institution, real estate broker or real estate salesperson,
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 or her sex, race,
color, sexual orientation, disability, religion, national origin,
marital status, family status, status as a victim of domestic abuse,
sexual assault, or stalking, lawful source of income, age, or ancestry;
or[1]
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;
or
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 or her sex, race, color, sexual orientation, disability, religion,
national origin, marital status, family status, status as a victim
of domestic abuse, sexual assault, or stalking, lawful source of income,
age, or ancestry; or[2]
D.
To refuse to negotiate for the sale, purchase, rental or lease of
any housing accommodation to a person because of his or her sex, race,
color, sexual orientation, disability, religion, national origin,
marital status, family status, status as a victim of domestic abuse,
sexual assault, or stalking, lawful source of income, age, or ancestry;
or[3]
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 or her sex, race, color, sexual orientation,
disability, religion, national origin, marital status, family status,
status as a victim of domestic abuse, sexual assault, or stalking,
lawful source of income, age, or ancestry; or[4]
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; or
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; or
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 sex, race,
color, sexual orientation, disability, religion, national origin,
marital status, family status, status as a victim of domestic abuse,
sexual assault, or stalking, lawful source of income, age, or ancestry
in the area to be affected by such sale, purchase, rental or lease
will or may result in either:[5]
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; or
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; or
K.
To retaliate or discriminate in any manner against a person because
he or she has opposed a practice declared unlawful by this chapter,
or because he or she has filed a complaint, testified, assisted or
participated in any manner in any investigation, proceeding, hearing
or conference under this chapter; or
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; or
M.
By canvassing, to commit any unlawful practices prohibited by this
chapter; or
N.
Otherwise to deny to, or withhold any housing accommodation from,
a person because of his or her sex, race, color, sexual orientation,
disability, religion, national origin, marital status, family status,
status as a victim of domestic abuse, sexual assault, or stalking,
lawful source of income, age, or ancestry; or[6]
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 or her in
the fixing of the amount, interest rate, duration, or other terms
or conditions of such loans or other financial assistance because
of the sex, race, color, sexual orientation, disability, religion,
national origin, marital status, family status, status as a victim
of domestic abuse, sexual assault, or stalking, lawful source of income,
age, or ancestry of such person or of any person associated with him
or her 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[7]
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 or
her in their terms or conditions of such access, membership, or participation,
on account of sex, race, color, sexual orientation, disability, religion,
national origin, marital status, family status, status as a victim
of domestic abuse, sexual assault, or stalking, lawful source of income,
age, or ancestry.[8]
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 sex, race, color, sexual
orientation, disability, religion, national origin, marital status,
family status, status as a victim of domestic abuse, sexual assault,
or stalking, lawful source of income, age, or ancestry.[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 or her 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, 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
salesperson 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, salesperson, or person; and
(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 or her 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.
