Check In/Out Form
If you feel that you have been discriminated against, you need to ask yourself three questions:
1. Were you treated differently than other tenants or applicants?
The following are landlord practices that are prohibited:
- Refusal to rent
- Refusal to negotiate
- Refusal to discuss terms of renting
- Refusal to permit inspection
- Denial that housing is available
- Intimidation of someone who has tried to use their fair housing rights
- Intimidation of anyone who encouraged another person to use their fair housing rights
- Different, stricter terms or conditions in leases
- Provision of different privileges, services or facilities available with housing
- Advertisement in a manner that indicates discrimination (either by preference or limitation)
- Refusal to renew a lease
- Harassment of a tenant
There is no law against a landlord being rude or inconsiderate.
2. Do you belong to a protected class?
Federal protected classes include:
- Race
- Religion
- National origin
- Mental or physical disability
- Familial status (including pregnancy)
- Color
- Sex
Wisconsin includes federally-protected classes, plus the following:
- Sexual orientation
- Marital status
- Age (over 18)
- Lawful source of income
3. Were you treated differently because of that protected class?
For example:
If a landlord refused to rent to you, were you refused:
- Because you were [Hispanic, female, divorced, had children, gay, etc.]?
- Because you have [a bad credit rating, poor landlord references, eviction record, poor payment history]?
Fair housing laws do not require landlords to rent to persons in protected classes if there is a legitimate reason to deny their rental applications. Landlords have the right to screen out tenants who would not be a good business risk.
An example of a business risk would be:
- If you have bad credit
- If you have poor references
- If you have a record of eviction
- If you don't make enough money
- If you have an incomplete application
For more information, call the appropriate agencies listed below:
- Equal Opportunities Commissions
- Madison: (608) 266-4910
Check your local phone book for a similar Equal Opportunities Commission in your area.
- Fair Housing Councils
- Dane County: (608) 251-5599
Fox Valley: (414) 734-9641
Metro Milwaukee: (414) 278-1240 or (800) 924-6772
- Wisconsin Equal Rights Division
- (608) 266-6860
- Department of Housing and Urban Development (HUD)
- Milwaukee: (414) 297-1493
What should landlords do to avoid discriminatory treatment of renters?
Landlords should set up a set of non-discriminatory procedures and follow them consistently regardless of what class the renter belongs to. The fair housing laws impose a small burden on landlords, but have a huge impact on renters. Landlords should do the following:
- Set up procedures for showing apartments and follow them consistently. Have a checklist of activities to do with each caller and person to whom you show the apartment.
- Set up application criteria that will ensure that you accept good tenants. Check prior landlord, employment and personal references. Do credit checks. Review the application thoroughly for missing and inaccurate information. Check eviction records. Verify income information.
- Advertise the features of the apartment, not to whom you want to rent the apartment. Avoid phrases like perfect for ...; instead, describe the apartment itself and let prospective tenants decide if they are interested.
Treat all tenant complaints and requests in a consistent manner. Set guidelines for repairs to be done and handling tenant complaints. Follow them consistently.
Disclaimer
No part of this webpage should be regarded as legal advice or considered a replacement for a landlord's or tenant's responsibility to be familiar with the law. If legal assistance is required, the services of a housing attorney should be sought.