LRB-3918/1
MIM:klm
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 714
November 27, 2023 - Introduced by Representatives RATCLIFF, JOERS, DRAKE,
STUBBS, CONLEY, SNODGRASS, CABRERA, EMERSON, SHELTON, SINICKI, BALDEH,
CLANCY, MADISON, PALMERI, OHNSTAD, BILLINGS, MOORE OMOKUNDE, C.
ANDERSON, J. ANDERSON, JACOBSON and VINING, cosponsored by Senators
SMITH, L. JOHNSON, SPREITZER, HESSELBEIN, AGARD, LARSON and TAYLOR.
Referred to Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 66.1011 (1), 66.1201 (2m), 66.1213 (3), 66.1301 (2m), 66.1331
(2m), 66.1333 (3) (e) 2., 106.50 (1), 106.50 (6) (a) 1., 106.50 (6) (b), 106.50 (6) (d),
106.50 (6) (e) 1., 106.50 (6) (f) 5., 106.50 (6) (h), 106.50 (6) (i), 106.50 (6m) (a),
106.50 (6m) (d) and 106.50 (8) (a); and to create 106.50 (3) of the statutes;
relating to: discrimination in housing based on prior eviction and providing
a penalty.
Analysis by the Legislative Reference Bureau
This bill provides that it is discrimination under the state open housing law for
any person to do any of the following:
1. Inquire, whether orally or in writing, of a prospective tenant or any other
individual about any eviction of a prospective tenant that occurred more than five
years prior. The bill prohibits a person from asking a prospective tenant about prior
evictions unless the person informs the prospective tenant that the prospective
tenant does not need to disclose evictions more than five years old.
2. Refuse to rent housing to an individual, or otherwise treat an individual
unequally in the terms, conditions, or privileges of rental of housing, because the
individual was evicted from housing more than five years before the date of a rental
application.
The open housing law is administered by the Department of W orkforce
Development, which receives, investigates, and evaluates complaints of violations
1
2
3
4
5
6 - 2 -2023 - 2024 Legislature LRB-3918/1
MIM:klm
ASSEMBLY BILL 714
and may order relief in appropriate cases. Persons who allege a violation of the open
housing law may also bring a civil action.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 66.1011 (1) of the statutes is amended to read:
66.1011 (1) DECLARATION OF POLICY. The right of all persons to have equal
opportunities for housing regardless of their sex, race, color, disability, as defined in
s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), religion, national
origin, marital status, family status, as defined in s. 106.50 (1m) (k), status as a
victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u),
lawful source of income, age, or ancestry, or having a record of evictions that occurred
more than 5 years prior is a matter both of statewide concern under ss. 101.132 and
106.50 and also of local interest under this section and s. 66.0125. The enactment
of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of
equal opportunities in housing from consideration by political subdivisions, and does
not exempt political subdivisions from their duty, nor deprive them of their right, to
enact ordinances that prohibit discrimination in any type of housing solely on the
basis of an individual being a member of a protected class.
SECTION 2. 66.1201 (2m) of the statutes is amended to read:
66.1201 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit,
facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
facility, or privilege in any manner for any purpose nor; may not be discriminated
against because of sex, race, color, creed, sexual orientation, status as a victim of
domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 - 3 -2023 - 2024 Legislature
LRB-3918/1
MIM:klm
SECTION 2
ASSEMBLY BILL 714
national origin; and may not be questioned about, or denied housing due to, evictions
that occurred more than 5 years prior.
SECTION 3. 66.1213 (3) of the statutes is amended to read:
66.1213 (3) DISCRIMINATION. Persons otherwise entitled to any right, benefit,
facility, or privilege under this section may not be denied the right, benefit, facility,
or privilege in any manner for any purpose nor; may not be discriminated against
because of sex, race, color, creed, sexual orientation, status as a victim of domestic
abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin;
and may not be questioned about, or denied housing due to, evictions that occurred
more than 5 years prior.
SECTION 4. 66.1301 (2m) of the statutes is amended to read:
66.1301 (2m) DISCRIMINATION. Persons entitled to any right, benefit, facility,
or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility,
or privilege in any manner for any purpose nor; may not be discriminated against
because of sex, race, color, creed, sexual orientation, status as a victim of domestic
abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin;
and may not be questioned about, or denied housing due to, evictions that occurred
more than 5 years prior.
SECTION 5. 66.1331 (2m) of the statutes is amended to read:
66.1331 (2m) DISCRIMINATION. Persons otherwise entitled to any right, benefit,
facility, or privilege under this section may not be denied the right, benefit, facility,
or privilege in any manner for any purpose nor; may not be discriminated against
because of sex, race, color, creed, sexual orientation, status as a victim of domestic
abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 - 4 -2023 - 2024 Legislature LRB-3918/1
MIM:klm
SECTION 5 ASSEMBLY BILL 714
and may not be questioned about, or denied housing due to, evictions that occurred
more than 5 years prior.
SECTION 6. 66.1333 (3) (e) 2. of the statutes is amended to read:
66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or
privilege under this section may not be denied the right, benefit, facility, or privilege
in any manner for any purpose nor; may not be discriminated against because of sex,
race, color, creed, sexual orientation, status as a victim of domestic abuse, sexual
assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin; and may not
be questioned about, or denied housing due to, evictions that occurred more than 5
years prior.
SECTION 7. 106.50 (1) of the statutes is amended to read:
106.50 (1) INTENT. It is the intent of this section to render unlawful
discrimination in housing. It is the declared policy of this state that all persons shall
have an equal opportunity for housing 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 and it. It is also the declared policy of this state that individuals
should not be denied rental housing based upon evictions that occurred more than
5 years prior. It is the duty of the political subdivisions to assist in the orderly
prevention or removal of all discrimination in housing through the powers granted
under ss. 66.0125 and 66.1011. The legislature hereby extends the state law
governing equal housing opportunities to cover single-family residences that are
owner-occupied. The legislature finds that the sale and rental of single-family
residences constitute a significant portion of the housing business in this state and
should be regulated. This section shall be considered an exercise of the police powers
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 5 -2023 - 2024 Legislature
LRB-3918/1
MIM:klm
SECTION 7
ASSEMBLY BILL 714
of the state for the protection of the welfare, health, peace, dignity, and human rights
of the people of this state.
SECTION 8. 106.50 (3) of the statutes is created to read:
106.50 (3) DENIAL OF RENTAL HOUSING BASED ON EVICTION RECORD. It is unlawful
for any person to do any of the following:
(a) Inquire, whether orally or in writing, of a prospective tenant or any other
individual about any eviction of the prospective tenant that occurred more than 5
years prior. If an owner, lessor, owner's agent, or lessor's agent inquires of a
prospective tenant or any other individual about evictions of the prospective tenant,
it is unlawful for the owner, lessor, owner's agent, or lessor's agent to fail to inform
the prospective tenant or other individual that the prospective tenant or other
individual is not required to disclose an eviction that occurred more than 5 years
prior.
(b) Refuse to rent housing to an individual, or otherwise treat an individual
unequally in the terms, conditions, or privileges of rental of housing, because of an
eviction of the individual that occurred more than 5 years prior to the date of a rental
application.
SECTION 9. 106.50 (6) (a) 1. of the statutes is amended to read:
106.50 (6) (a) 1. The department may receive and investigate a complaint
charging a violation of sub. (2), (2m) or, (2r), or (3) if the complaint is filed with the
department not later than one year after the alleged discrimination occurred or
terminated.
SECTION 10. 106.50 (6) (b) of the statutes is amended to read:
106.50 (6) (b) Powers and duties of department. The department of workforce
development and its duly authorized agents may hold hearings, subpoena witnesses,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 6 -2023 - 2024 Legislature LRB-3918/1
MIM:klm
SECTION 10 ASSEMBLY BILL 714
take testimony and make investigations as provided in this subsection. The
department of workforce development may test and investigate for the purpose of
establishing violations of sub. (2), (2m) or, (2r), or (3) and may make, sign and file
complaints alleging violations of sub. (2), (2m) or, (2r), or (3). In addition, the
department of safety and professional services may make, sign and file complaints
alleging violations of sub. (2r) (c). The department of workforce development shall
employ examiners to hear and decide complaints of discrimination under this
section, and to assist in the administration of this section. The examiners may make
findings and issue orders under this subsection. The department of workforce
development shall develop and implement an investigation manual for use in
conducting investigations under par. (c).
SECTION 11. 106.50 (6) (d) of the statutes is amended to read:
106.50 (6) (d) Temporary judicial relief. At any time after a complaint is filed
alleging discrimination in violation of sub. (2), (2m), or (2r), or (3), the department
may request the attorney general to file a petition in the circuit court for the county
in which the act of discrimination allegedly occurred or for the county in which a
respondent resides or transacts business, seeking a temporary injunction or
restraining order against the respondent to prevent the respondent from performing
an act that would tend to render ineffectual an order that the department may enter
with respect to the complaint, pending final determination of proceedings under this
section. On receipt of the department's request, the attorney general shall promptly
file the petition.
SECTION 12. 106.50 (6) (e) 1. of the statutes is amended to read:
106.50 (6) (e) 1. Upon the filing of a complaint alleging discrimination in
violation of sub. (2), (2m) or, (2r), or (3), the department may endeavor to eliminate
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 7 -2023 - 2024 Legislature
LRB-3918/1
MIM:klm
SECTION 12
ASSEMBLY BILL 714
the discrimination by conference, conciliation and persuasion. The department shall
notify the parties that conciliation services are available.
SECTION 13. 106.50 (6) (f) 5. of the statutes is amended to read:
106.50 (6) (f) 5. If after the hearing the examiner finds by a fair preponderance
of the evidence that the respondent has violated sub. (2), (2m) or, (2r), or (3), the
examiner shall make written findings and order the respondent to take actions that
will effectuate the purpose of sub. (2), (2m) or, (2r), or (3), and may order other
penalties, damages and costs as provided in pars. (h) and (i). The department shall
serve a certified copy of the final findings and order on the aggrieved party, the
complainant and the respondent. The order shall have the same force as other orders
of the department and be enforced as provided in this subsection except that the
enforcement of the order is automatically stayed upon the filing of a petition for
review under par. (j).
SECTION 14. 106.50 (6) (h) of the statutes is amended to read:
106.50 (6) (h) Damages and penalties. 1. If the hearing examiner finds that
a respondent has engaged in or is about to engage in a discriminatory act prohibited
under sub. (2), (2m) or, (2r), or (3), the hearing examiner shall promptly issue an
order for such relief as may be appropriate, which may include economic and
noneconomic damages suffered by the aggrieved person, regardless of whether he or
she intervened in the action, and injunctive or other equitable relief. The hearing
examiner may not order punitive damages.
2. In addition to any damages ordered under subd. 1., the hearing examiner
may assess a forfeiture against a respondent who is not a natural person in an
amount not exceeding $10,000, unless the respondent who is not a natural person
has been adjudged to have committed any prior discriminatory act under sub. (2),
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 8 -2023 - 2024 Legislature LRB-3918/1
MIM:klm
SECTION 14 ASSEMBLY BILL 714
(2m) or, (2r), or (3). If a respondent who is not a natural person has been adjudged
to have committed one other discriminatory act under sub. (2), (2m) or, (2r), or (3)
during the preceding 5-year period, based on the offense date of the prior
discriminatory act, the hearing examiner may assess a forfeiture in an amount not
exceeding $25,000. If a respondent who is not a natural person has been adjudged
to have committed 2 or more prior discriminatory acts under sub. (2), (2m) or, (2r),
or (3) during the preceding 7-year period, based on the offense date of the prior
discriminatory act, the hearing examiner may assess a forfeiture in an amount not
exceeding $50,000.
3. In addition to any damages ordered under subd. 1., the administrative law
judge may assess a forfeiture against a respondent who is a natural person in an
amount not exceeding $10,000, unless the respondent who is a natural person has
been adjudged to have committed any prior discriminatory act under sub. (2), (2m)
or, (2r), or (3). If a respondent who is a natural person has been adjudged to have
committed one other prior discriminatory act under sub. (2), (2m) or, (2r), or (3) based
on an offense date that is before September 1, 1992, the administrative law judge
may assess a forfeiture in an amount not exceeding $25,000. If a respondent who is
a natural person has been adjudged to have committed 2 or more prior
discriminatory acts under sub. (2), (2m) or, (2r), or (3) based on an offense date that
is before September 1, 1992, the administrative law judge may assess a forfeiture in
an amount not exceeding $50,000.
SECTION 15. 106.50 (6) (i) of the statutes is amended to read:
106.50 (6) (i) Attorney fees and costs. The hearing examiner may allow a
prevailing complainant, including the state, reasonable attorney fees and costs. The
state shall be liable for those fees and costs if the state is a respondent and is
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 - 9 -2023 - 2024 Legislature
LRB-3918/1
MIM:klm
SECTION 15
ASSEMBLY BILL 714
determined to have committed a discriminatory act under sub. (2), (2m) or, (2r), or
(3).
SECTION 16. 106.50 (6m) (a) of the statutes is amended to read:
106.50 (6m) (a) Any person alleging a violation of sub. (2), (2m), or (2r), or (3),
including the attorney general on behalf of an aggrieved person, may bring a civil
action for injunctive relief, for damages, including punitive damages, and, in the case
of a prevailing plaintiff, for court costs and reasonable attorney fees.
SECTION 17. 106.50 (6m) (d) of the statutes is amended to read:
106.50 (6m) (d) If the attorney general has reasonable cause to believe that any
person is engaged in a pattern or practice of discrimination in violation of sub. (2),
(2m) or, (2r), or (3) or that any person has been denied any of the rights granted under
sub. (2), (2m) or, (2r), or (3), and such denial raises an issue of general public
importance, the department of justice may commence a civil action.
SECTION 18. 106.50 (8) (a) of the statutes is amended to read:
106.50 (8) (a) If the department finds reasonable cause to believe that an act
of discrimination has been or is being committed in violation of this section by a
person taking an action prohibited under sub. (2), (2m) or, (2r), or (3) and that the
person is licensed or chartered under state law, the department shall notify the
licensing or chartering agency of its findings and may file a complaint with such
agency together with a request that the agency initiate proceedings to suspend or
revoke the license or charter of such person or take other less restrictive disciplinary
action.
(END)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23