[Ord. No. 830, § 1, 7-20-2010]
It is the policy of the Village to provide, within constitutional
limitations, for fair housing throughout the Village.
[Ord. No. 830, § 1, 7-20-2010]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
DWELLING
Any building, 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 such building, structure
or portion thereof.
FAMILY
Includes a single individual.
PERSON
One or more individuals, corporations, partnerships, associations,
labor organizations, legal representatives, mutual companies, joint-stock
companies, trusts, unincorporated organizations, Trustees, Trustees
in bankruptcy, receivers and fiduciaries.
TO RENT
To lease, to sublease, to let and otherwise to grant, for
a consideration, the right to occupy premises not owned by the occupant.
[Ord. No. 830, § 1, 7-20-2010]
(a) Prohibitions. It is unlawful:
(1) To refuse to sell or rent, after the making of a bona fide offer,
or to refuse to negotiate for the sale or rental of, or otherwise
make unavailable or deny, a dwelling to any person because of race,
color, religion or national origin;
(2) To discriminate against any person in the terms, conditions or privileges
of sale or rental of a dwelling, or in the provision of services or
facilities in connection therewith, because of race, color, religion
or national origin;
(3) To make, print or publish, or cause to be made, printed or published,
any notice, statement or advertisement with respect to the sale or
rental of a dwelling that indicates any preference, limitation or
discrimination based on race, color, religion or national origin,
or an intention to make any such preference, limitation or discrimination;
(4) To represent to any person because of race, color, religion or national
origin that any dwelling is not available for inspection, sale or
rental when such dwelling is, in fact, so available;
(5) For profit, to induce or attempt to induce any person to sell or
rent any dwelling by representations regarding the entry or prospective
entry into the neighborhood of a person or persons of a particular
race, color, religion or national origin.
(b) Exemptions. Subsections (a)(1), (2), (4) and (5) of this section
shall not apply to the following:
(1) Any single-family house sold or rented by an owner; provided, such
private individual owner does not own more than three such single-family
houses at any one time; provided further, in the case of the sale
of any such single-family house by a private individual owner 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, such bona
fide private individual owner does not own any interest in, nor is
there owned or reserved 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, 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:
a. Without the use in 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;
b. Without the publication, posting or mailing, after notice, of any
advertisement or written notice in violation of Subsection (a)(3)
of this section; but nothing herein shall prohibit the use of attorneys,
escrow agents, abstractors, title companies and other such professional
assistance as necessary to perfect or transfer the title;
(2) For the purposes of this subsection, a person shall be deemed to
be in the business of selling or renting dwellings if:
a. He has, within the preceding 12 months, participated as principal
in three or more transactions involving the sale or rental of any
dwelling or any interest therein, or
b. He has, within the preceding 12 months, participated as agent, other
than in the sale of his own personal residence in providing sales
or rental facilities or sales or rental services in two or more transactions
involving the sale or rental of any dwelling or any interest therein,
or
c. He is the owner of any dwelling designed or intended for occupancy
by, or occupied by, five or more families;
(3) 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.
[Ord. No. 830, § 1, 7-20-2010]
No 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 shall deny a loan or other financial assistance to a person
applying therefor for the purpose of purchasing, constructing, improving,
repairing or maintaining a dwelling, nor shall discriminate against
him in the fixing of the amount, interest rate, duration or other
terms or conditions of such loan or other financial assistance, because
of race, color, religion or national origin 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,
or of the present or prospective owners, lessees, tenants or occupants
of the dwelling or dwellings in relation to which such loan or other
financial assistance is to be made or given; provided, this section
shall not impair the scope or effectiveness of the exception contained
in Section (2)a [sic] of this chapter.
[Ord. No. 830, § 1, 7-20-2010]
It is unlawful to deny any 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 or national origin.
[Ord. No. 830, § 1, 7-20-2010]
Nothing in this chapter shall prohibit a religious organization,
association or society or any nonprofit institution or organization
operated, supervised or controlled by or in conjunction with a religious
organization, association or society from limiting 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 from giving
preference to such persons, unless membership in such religion is
restricted on account of race, color or national origin. Nor shall
anything in this chapter prohibit a private club not in fact open
to the public which, as an incident to its primary purpose or purposes,
provided lodgings which it owns or operates for other than a commercial
purpose, from limiting the rental or occupancy of such lodgings to
its members or from giving preference to its members.
[Ord. No. 830, § 1, 7-20-2010]
Nothing in this chapter shall prohibit selling or refusing to
sell, leasing or refusing to lease, financing or refusing to finance,
or contracting or refusing to contract for the construction of housing
for any person for any reason other than because of race, religion,
national origin or ancestry.
[Ord. No. 830, § 1, 7-20-2010]
Nothing in this chapter shall prohibit an owner or his agent
or a lessee seeking to sublease or assign his lease from requiring
that an applicant supply information concerning his family, marital,
financial and business status, but not concerning race, color, physical
condition, disability, sexual orientation, age, ancestry, national
origin, religion or creed.
[Ord. No. 830, § 1, 7-20-2010]
It is unlawful to coerce, intimidate, threaten or interfere
with any person in the exercise or enjoyment of, or on account of
his having exercised or enjoyed, or on account of his having aided
or encouraged any other person in the exercise or enjoyment of, any
right granted or protected by this chapter.
[Ord. No. 830, § 1, 7-20-2010]
(a) The officials and employees of the Village shall assist in the orderly
prevention and removal of all discrimination in housing within the
Village of Mukwonago by implementing the authority and enforcement
procedures set forth in W.S.A. § 106.50, as amended.
(b) The municipal Clerk shall maintain forms for complaints to be filed
under W.S.A., § 106.50, as amended, and shall assist any
person alleging a violation thereof in the Village of Mukwonago to
file a complaint hereunder with the Wisconsin Department of Work Force
Development, Equal Rights Division, for enforcement of W.S.A., § 106.50,
as amended.
[Ord. No. 830, § 1, 7-20-2010]
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in §
1-12 of this Municipal Code.