[Adopted as Sec. 8.07 of the Codification]
As used in this article, unless the context requires otherwise,
the following terms shall have the meanings indicated herein:
To segregate, separate, exclude or treat any person or class
of persons unequally because of sex, race, color, handicap, religion,
national origin, sex or marital status of the person maintaining a
household, lawful source of income, age or ancestry. It is intended
that the factors set forth herein shall be the sole basis for prohibiting
discrimination.
Any physical disability or a developmental disability as
defined under § 51.01(5)(a), Wis. Stats.
Any improved property which is used or occupied, or is intended,
arranged or designed to be used or occupied, as a home or residence.
Any residential lot upon which no permanent building or structure
containing living quarters has been constructed.
It is unlawful for any person to discriminate:
A.
By refusing to sell, lease, finance or contract to construct housing
or by refusing to discuss the terms thereof.
B.
By refusing to permit inspection or exacting different or more stringent
price, terms or conditions for the sale, lease, financing or rental
of housing.
C.
By refusing to finance or sell an unimproved residential lot or to
construct a home or residence upon such lot.
D.
By publishing, circulating, issuing or displaying, or causing to
be published, circulated, issued or displayed, any communication,
notice, advertisement or sign in connection with the sale, financing,
lease or rental of housing, which states or indicates any discrimination
in connection with housing.
E.
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.
F.
By refusing to renew a lease, causing the eviction of a tenant from
rental housing or engaging in the harassment of a tenant.
A.
Nothing in this article shall prohibit discrimination on the basis
of age in relation to housing designed to meet the needs of elderly
individuals.
B.
Nothing in this article shall prohibit a person from exacting different
or more stringent terms or conditions for financing housing based
on the age of the individual applicant for financing if the terms
or conditions are reasonably related to the individual applicant.
C.
Nothing in this article shall prohibit the development of housing
designed specifically for persons with a handicap and discrimination
on the basis of handicap in relation to such housing.
It is unlawful to induce or attempt to induce any person to
sell, rent or lease any dwelling by representations regarding the
present or prospective entry into the neighborhood of a person or
persons of a particular race, color, religion, national origin or
economic status, or by representations to the effect that such present
or prospective entry will or may result in:
No person may coerce, intimidate, threaten or interfere with
any person in the exercise or enjoyment of any right granted or protected
by this article or with any person who has aided or encouraged another
person in the exercise or enjoyment of any right granted or protected
by this article.
Nothing in this article shall be deemed to prohibit an owner
or agent, from requiring that any person who seeks to buy, rent or
lease housing supply information concerning family, marital, financial
and business status but not concerning race, color, physical condition,
or developmental disability as defined in § 51.01(5), Wis.
Stats., or creed.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
There is hereby created a Whitefish Bay Housing Commission consisting
of the Village Board.
This article shall be administered by the Housing Commission.
The Commission may promulgate such rules, subject to approval of the
Village Board, as are necessary to carry out this article. No publicity
shall be given a complaint in those cases where the Commission obtains
compliance with this article or the Commission finds that the complaint
is without foundation.
A.
The Housing Commission may receive and investigate complaints charging
violations of this article in the same manner as the Police Department
or District Attorney. A complaint shall be a written statement of
the essential facts constituting the discrimination charged and shall
be verified.
B.
If the Commission finds probable cause to believe that any discrimination
has been or is being committed in violation of this article, it shall
immediately endeavor to eliminate such discrimination by conference,
conciliation and persuasion.
C.
In those cases where the Commission obtains compliance with this
article by the elimination of such discrimination or where the Commission
finds that the complaint is without foundation, no public disclosure
shall be made of the names of the person or persons named in the complaint.
D.
In those cases where the Commission, after investigation as above
provided, believes a violation of this article of the Village Code
has occurred and has not been eliminated or remedied, the Commission
may on behalf of the Village cause an action to be brought in Municipal
Justice Court for a forfeiture for violation of this article of the
Village Code. A complaint or affidavit in the usual form alleging
a violation of a Village ordinance may be signed by any member of
the Commission, provided a resolution authorizing such action has
been adopted at a meeting of the Commission by the affirmative note
of not less than three of its members. The complaint or affidavit
may be made on information and belief.
E.
In those cases where the Commission is of the opinion that an existing
violation of this article of the Village Code is not only a violation
of this article but is also a violation of any state statute now or
hereafter adopted, the Commission by the affirmative vote of not less
than three of its members may, instead of bringing proceedings for
violation of this article of the Village Code, refer the matter to
the appropriate state officer or agency for proceedings pursuant to
the state law.
The person originally making the complaint pursuant to § 8-49A above may bring an action in Municipal Justice Court for a forfeiture for violation of this article of the code, under the following conditions:
A.
When he disagrees with the determination of the Commission that no
violation has occurred;
B.
When he disagrees with the Commission that following its investigation
and conferences that the alleged violation has been eliminated or
remedied; or
C.
After a period of 60 days from the filing of the complaint, if the
Commission has neither determined that a violation exists or has failed
to remedy such alleged violation.
No one is authorized to bring any action for a forfeiture based
on an alleged violation of this article of the Village Code except:
The members of the initial Commission shall elect a Chair and
Vice Chair for a term expiring April 30, 1968. Thereafter, each May,
members of the Commission shall elect a Chair and a Vice Chair. It
shall be the Chair's duty, and in his absence the Vice Chair's duty,
to conduct meetings of the Commission. The Chair and Vice Chair shall
continue to vote as members of the Commission.
The Village Clerk-Treasurer, or such other Village employee
as the Clerk-Treasurer may designate, shall act as Secretary of the
Commission, keeping such minutes and other records and typing such
correspondence as may be reasonably required by the Commission or
any member thereof in the performance of its duties. Except for the
expense so incurred in connection with the Secretary of the Commission
performing his duties, the Commission shall incur no expense which
is the obligation of the Village without express prior approval by
the Village Board. The Secretary has no vote.
[Amended 8-5-2019 by Ord.
No. 1853]
Nothing in this article shall be deemed to prohibit an owner
or his agent or a lessee seeking to sublease or assign his lease from
requiring that any person who seeks to buy, rent, lease, finance,
or construct housing supply information concerning his financial and
business status, but not concerning 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, ancestry or creed.
Any person who willfully violates any provisions of this article
shall, for each such violation, forfeit not less than $10 nor more
than $200. Payment of any such forfeiture shall be stayed during the
period in which any appeal may be taken and during the pendency of
any appeal.
This article of the Village Code was adopted, among other things,
for the purpose of furthering the public policy of the state as set
forth in §§ 66.1011, 66.0125 and 106.50, Wis. Stats.
