WI
Wisconsin Assembly Bill AB714

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB714 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 714
55 November 27, 2023 - Introduced by Representatives RATCLIFF, JOERS, DRAKE,
66 STUBBS, CONLEY, SNODGRASS, CABRERA, EMERSON, SHELTON, SINICKI, BALDEH,
77 CLANCY, MADISON, PALMERI, OHNSTAD, BILLINGS, MOORE OMOKUNDE, C.
88 ANDERSON, J. ANDERSON, JACOBSON and VINING, cosponsored by Senators
99 SMITH, L. JOHNSON, SPREITZER, HESSELBEIN, AGARD, LARSON and TAYLOR.
1010 Referred to Committee on Judiciary.
1111 ***AUTHORS SUBJECT TO CHANGE***
1212 AN ACT to amend 66.1011 (1), 66.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1331
1313 (2m), 66.1333 (3) (e) 2., 106.50 (1), 106.50 (6) (a) 1., 106.50 (6) (b), 106.50 (6) (d),
1414 106.50 (6) (e) 1., 106.50 (6) (f) 5., 106.50 (6) (h), 106.50 (6) (i), 106.50 (6m) (a),
1515 106.50 (6m) (d) and 106.50 (8) (a); and to create 106.50 (3) of the statutes;
1616 relating to: discrimination in housing based on prior eviction and providing
1717 a penalty.
1818 Analysis by the Legislative Reference Bureau
1919 This bill provides that it is discrimination under the state open housing law for
2020 any person to do any of the following:
2121 1. Inquire, whether orally or in writing, of a prospective tenant or any other
2222 individual about any eviction of a prospective tenant that occurred more than five
2323 years prior. The bill prohibits a person from asking a prospective tenant about prior
2424 evictions unless the person informs the prospective tenant that the prospective
2525 tenant does not need to disclose evictions more than five years old.
2626 2. Refuse to rent housing to an individual, or otherwise treat an individual
2727 unequally in the terms, conditions, or privileges of rental of housing, because the
2828 individual was evicted from housing more than five years before the date of a rental
2929 application.
3030 The open housing law is administered by the Department of W orkforce
3131 Development, which receives, investigates, and evaluates complaints of violations
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4040 and may order relief in appropriate cases. Persons who allege a violation of the open
4141 housing law may also bring a civil action.
4242 For further information see the state and local fiscal estimate, which will be
4343 printed as an appendix to this bill.
4444 The people of the state of Wisconsin, represented in senate and assembly, do
4545 enact as follows:
4646 SECTION 1. 66.1011 (1) of the statutes is amended to read:
4747 66.1011 (1) DECLARATION OF POLICY. The right of all persons to have equal
4848 opportunities for housing regardless of their sex, race, color, disability, as defined in
4949 s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), religion, national
5050 origin, marital status, family status, as defined in s. 106.50 (1m) (k), status as a
5151 victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),
5252 lawful source of income, age, or ancestry, or having a record of evictions that occurred
5353 more than 5 years prior is a matter both of statewide concern under ss. 101.132 and
5454 106.50 and also of local interest under this section and s. 66.0125. The enactment
5555 of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of
5656 equal opportunities in housing from consideration by political subdivisions, and does
5757 not exempt political subdivisions from their duty, nor deprive them of their right, to
5858 enact ordinances that prohibit discrimination in any type of housing solely on the
5959 basis of an individual being a member of a protected class.
6060 SECTION 2. 66.1201 (2m) of the statutes is amended to read:
6161 66.1201 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit,
6262 facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
6363 facility, or privilege in any manner for any purpose nor; may not be discriminated
6464 against because of sex, race, color, creed, sexual orientation, status as a victim of
6565 domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or
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8888 SECTION 2
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9090 national origin; and may not be questioned about, or denied housing due to, evictions
9191 that occurred more than 5 years prior.
9292 SECTION 3. 66.1213 (3) of the statutes is amended to read:
9393 66.1213 (3) DISCRIMINATION. Persons otherwise entitled to any right, benefit,
9494 facility, or privilege under this section may not be denied the right, benefit, facility,
9595 or privilege in any manner for any purpose nor; may not be discriminated against
9696 because of sex, race, color, creed, sexual orientation, status as a victim of domestic
9797 abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin;
9898 and may not be questioned about, or denied housing due to, evictions that occurred
9999 more than 5 years prior.
100100 SECTION 4. 66.1301 (2m) of the statutes is amended to read:
101101 66.1301 (2m) DISCRIMINATION. Persons entitled to any right, benefit, facility,
102102 or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
103103 or privilege in any manner for any purpose nor; may not be discriminated against
104104 because of sex, race, color, creed, sexual orientation, status as a victim of domestic
105105 abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin;
106106 and may not be questioned about, or denied housing due to, evictions that occurred
107107 more than 5 years prior.
108108 SECTION 5. 66.1331 (2m) of the statutes is amended to read:
109109 66.1331 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit,
110110 facility, or privilege under this section may not be denied the right, benefit, facility,
111111 or privilege in any manner for any purpose nor; may not be discriminated against
112112 because of sex, race, color, creed, sexual orientation, status as a victim of domestic
113113 abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin;
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140140 and may not be questioned about, or denied housing due to, evictions that occurred
141141 more than 5 years prior.
142142 SECTION 6. 66.1333 (3) (e) 2. of the statutes is amended to read:
143143 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or
144144 privilege under this section may not be denied the right, benefit, facility, or privilege
145145 in any manner for any purpose nor; may not be discriminated against because of sex,
146146 race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual
147147 assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin; and may not
148148 be questioned about, or denied housing due to, evictions that occurred more than 5
149149 years prior.
150150 SECTION 7. 106.50 (1) of the statutes is amended to read:
151151 106.50 (1) INTENT. It is the intent of this section to render unlawful
152152 discrimination in housing. It is the declared policy of this state that all persons shall
153153 have an equal opportunity for housing regardless of sex, race, color, sexual
154154 orientation, disability, religion, national origin, marital status, family status, status
155155 as a victim of domestic abuse, sexual assault, or stalking, lawful source of income,
156156 age, or ancestry and it. It is also the declared policy of this state that individuals
157157 should not be denied rental housing based upon evictions that occurred more than
158158 5 years prior. It is the duty of the political subdivisions to assist in the orderly
159159 prevention or removal of all discrimination in housing through the powers granted
160160 under ss. 66.0125 and 66.1011. The legislature hereby extends the state law
161161 governing equal housing opportunities to cover single-family residences that are
162162 owner-occupied. The legislature finds that the sale and rental of single-family
163163 residences constitute a significant portion of the housing business in this state and
164164 should be regulated. This section shall be considered an exercise of the police powers
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192192 SECTION 7
193193 ASSEMBLY BILL 714
194194 of the state for the protection of the welfare, health, peace, dignity, and human rights
195195 of the people of this state.
196196 SECTION 8. 106.50 (3) of the statutes is created to read:
197197 106.50 (3) DENIAL OF RENTAL HOUSING BASED ON EVICTION RECORD. It is unlawful
198198 for any person to do any of the following:
199199 (a) Inquire, whether orally or in writing, of a prospective tenant or any other
200200 individual about any eviction of the prospective tenant that occurred more than 5
201201 years prior. If an owner, lessor, owner's agent, or lessor's agent inquires of a
202202 prospective tenant or any other individual about evictions of the prospective tenant,
203203 it is unlawful for the owner, lessor, owner's agent, or lessor's agent to fail to inform
204204 the prospective tenant or other individual that the prospective tenant or other
205205 individual is not required to disclose an eviction that occurred more than 5 years
206206 prior.
207207 (b) Refuse to rent housing to an individual, or otherwise treat an individual
208208 unequally in the terms, conditions, or privileges of rental of housing, because of an
209209 eviction of the individual that occurred more than 5 years prior to the date of a rental
210210 application.
211211 SECTION 9. 106.50 (6) (a) 1. of the statutes is amended to read:
212212 106.50 (6) (a) 1. The department may receive and investigate a complaint
213213 charging a violation of sub. (2), (2m) or, (2r), or (3) if the complaint is filed with the
214214 department not later than one year after the alleged discrimination occurred or
215215 terminated.
216216 SECTION 10. 106.50 (6) (b) of the statutes is amended to read:
217217 106.50 (6) (b) Powers and duties of department. The department of workforce
218218 development and its duly authorized agents may hold hearings, subpoena witnesses,
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246246 take testimony and make investigations as provided in this subsection. The
247247 department of workforce development may test and investigate for the purpose of
248248 establishing violations of sub. (2), (2m) or, (2r), or (3) and may make, sign and file
249249 complaints alleging violations of sub. (2), (2m) or, (2r), or (3). In addition, the
250250 department of safety and professional services may make, sign and file complaints
251251 alleging violations of sub. (2r) (c). The department of workforce development shall
252252 employ examiners to hear and decide complaints of discrimination under this
253253 section, and to assist in the administration of this section. The examiners may make
254254 findings and issue orders under this subsection. The department of workforce
255255 development shall develop and implement an investigation manual for use in
256256 conducting investigations under par. (c).
257257 SECTION 11. 106.50 (6) (d) of the statutes is amended to read:
258258 106.50 (6) (d) Temporary judicial relief. At any time after a complaint is filed
259259 alleging discrimination in violation of sub. (2), (2m), or (2r), or (3), the department
260260 may request the attorney general to file a petition in the circuit court for the county
261261 in which the act of discrimination allegedly occurred or for the county in which a
262262 respondent resides or transacts business, seeking a temporary injunction or
263263 restraining order against the respondent to prevent the respondent from performing
264264 an act that would tend to render ineffectual an order that the department may enter
265265 with respect to the complaint, pending final determination of proceedings under this
266266 section. On receipt of the department's request, the attorney general shall promptly
267267 file the petition.
268268 SECTION 12. 106.50 (6) (e) 1. of the statutes is amended to read:
269269 106.50 (6) (e) 1. Upon the filing of a complaint alleging discrimination in
270270 violation of sub. (2), (2m) or, (2r), or (3), the department may endeavor to eliminate
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298298 SECTION 12
299299 ASSEMBLY BILL 714
300300 the discrimination by conference, conciliation and persuasion. The department shall
301301 notify the parties that conciliation services are available.
302302 SECTION 13. 106.50 (6) (f) 5. of the statutes is amended to read:
303303 106.50 (6) (f) 5. If after the hearing the examiner finds by a fair preponderance
304304 of the evidence that the respondent has violated sub. (2), (2m) or, (2r), or (3), the
305305 examiner shall make written findings and order the respondent to take actions that
306306 will effectuate the purpose of sub. (2), (2m) or, (2r), or (3), and may order other
307307 penalties, damages and costs as provided in pars. (h) and (i). The department shall
308308 serve a certified copy of the final findings and order on the aggrieved party, the
309309 complainant and the respondent. The order shall have the same force as other orders
310310 of the department and be enforced as provided in this subsection except that the
311311 enforcement of the order is automatically stayed upon the filing of a petition for
312312 review under par. (j).
313313 SECTION 14. 106.50 (6) (h) of the statutes is amended to read:
314314 106.50 (6) (h) Damages and penalties. 1. If the hearing examiner finds that
315315 a respondent has engaged in or is about to engage in a discriminatory act prohibited
316316 under sub. (2), (2m) or, (2r), or (3), the hearing examiner shall promptly issue an
317317 order for such relief as may be appropriate, which may include economic and
318318 noneconomic damages suffered by the aggrieved person, regardless of whether he or
319319 she intervened in the action, and injunctive or other equitable relief. The hearing
320320 examiner may not order punitive damages.
321321 2. In addition to any damages ordered under subd. 1., the hearing examiner
322322 may assess a forfeiture against a respondent who is not a natural person in an
323323 amount not exceeding $10,000, unless the respondent who is not a natural person
324324 has been adjudged to have committed any prior discriminatory act under sub. (2),
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351351 SECTION 14 ASSEMBLY BILL 714
352352 (2m) or, (2r), or (3). If a respondent who is not a natural person has been adjudged
353353 to have committed one other discriminatory act under sub. (2), (2m) or, (2r), or (3)
354354 during the preceding 5-year period, based on the offense date of the prior
355355 discriminatory act, the hearing examiner may assess a forfeiture in an amount not
356356 exceeding $25,000. If a respondent who is not a natural person has been adjudged
357357 to have committed 2 or more prior discriminatory acts under sub. (2), (2m) or, (2r),
358358 or (3) during the preceding 7-year period, based on the offense date of the prior
359359 discriminatory act, the hearing examiner may assess a forfeiture in an amount not
360360 exceeding $50,000.
361361 3. In addition to any damages ordered under subd. 1., the administrative law
362362 judge may assess a forfeiture against a respondent who is a natural person in an
363363 amount not exceeding $10,000, unless the respondent who is a natural person has
364364 been adjudged to have committed any prior discriminatory act under sub. (2), (2m)
365365 or, (2r), or (3). If a respondent who is a natural person has been adjudged to have
366366 committed one other prior discriminatory act under sub. (2), (2m) or, (2r), or (3) based
367367 on an offense date that is before September 1, 1992, the administrative law judge
368368 may assess a forfeiture in an amount not exceeding $25,000. If a respondent who is
369369 a natural person has been adjudged to have committed 2 or more prior
370370 discriminatory acts under sub. (2), (2m) or, (2r), or (3) based on an offense date that
371371 is before September 1, 1992, the administrative law judge may assess a forfeiture in
372372 an amount not exceeding $50,000.
373373 SECTION 15. 106.50 (6) (i) of the statutes is amended to read:
374374 106.50 (6) (i) Attorney fees and costs. The hearing examiner may allow a
375375 prevailing complainant, including the state, reasonable attorney fees and costs. The
376376 state shall be liable for those fees and costs if the state is a respondent and is
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404404 SECTION 15
405405 ASSEMBLY BILL 714
406406 determined to have committed a discriminatory act under sub. (2), (2m) or, (2r), or
407407 (3).
408408 SECTION 16. 106.50 (6m) (a) of the statutes is amended to read:
409409 106.50 (6m) (a) Any person alleging a violation of sub. (2), (2m), or (2r), or (3),
410410 including the attorney general on behalf of an aggrieved person, may bring a civil
411411 action for injunctive relief, for damages, including punitive damages, and, in the case
412412 of a prevailing plaintiff, for court costs and reasonable attorney fees.
413413 SECTION 17. 106.50 (6m) (d) of the statutes is amended to read:
414414 106.50 (6m) (d) If the attorney general has reasonable cause to believe that any
415415 person is engaged in a pattern or practice of discrimination in violation of sub. (2),
416416 (2m) or, (2r), or (3) or that any person has been denied any of the rights granted under
417417 sub. (2), (2m) or, (2r), or (3), and such denial raises an issue of general public
418418 importance, the department of justice may commence a civil action.
419419 SECTION 18. 106.50 (8) (a) of the statutes is amended to read:
420420 106.50 (8) (a) If the department finds reasonable cause to believe that an act
421421 of discrimination has been or is being committed in violation of this section by a
422422 person taking an action prohibited under sub. (2), (2m) or, (2r), or (3) and that the
423423 person is licensed or chartered under state law, the department shall notify the
424424 licensing or chartering agency of its findings and may file a complaint with such
425425 agency together with a request that the agency initiate proceedings to suspend or
426426 revoke the license or charter of such person or take other less restrictive disciplinary
427427 action.
428428 (END)
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