Fair Housing: Wisconsin

This page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This page is not intended to provide a mandatory standard of care for the industry.  

On these pages, you will find information about the protected classes in each state’s fair housing law as well as the cities and counties in the state’s three largest city or metropolitan areas that enforce additional fair housing protections. We highlight source of income protections, where applicable, that could substantially impact industry operations. Please see the footnotes. NAA also has resources on the federal fair housing protections that apply nationwide.

We are currently in the process of optimizing NAA’s Fair Housing Protected Class Resources. If you do not see a jurisdiction of interest, please reach out to the NAA Government Affairs Team at [email protected].

Information on this page is current as of March 2022.

Wisconsin Protected Classes

(State of Wisconsin Statutes - Equal Rights Programs § 106.50)1

  • Race
  • Color
  • National Origin
  • Religion
  • Sex
  • Familial Status
  • Disability
  • Age
  • Ancestry
  • Sexual Orientation
  • Marital Status
  • Victim of Domestic Violence, Sexual Abuse, or Stalking
  • Lawful Source of Income2

 

1If enacted, Bill AB1192 would add citizen ship statuts and immigration status as state protected classes.

2Lawful source of income includes, but is not limited to, lawful compensation or lawful remuneration in exchange for goods or services provided; profit from financial investments; any negotiable draft, coupon or voucher representing monetary value such as food stamps; social security; public assistance; unemployment compensation or worker's compensation payments. PLEASE NOTE: Federal rent vouchers are not clearly within the meaning of “lawful source of income." Knapp v. Eagle Property Management Corp. 54 F.3d 1272 (1995).

Green Bay Metro Area

(Brown County Code - Chapter 32 Fair and Open Housing)

This jurisdiction emphasizes enforcement of federal and state protected classes.

City of Green Bay Protected Classes

(City of Green Bay Municipal Code § 12-4)​

In addition to enforcement of federal, state, and county protected classes, this jurisdiction also includes the following protected classes:

  • Source of Income3
  • Creed
  • Gender Identity
  • Gender Expression
  • Gender Non-Conformity
  • Transgender status
  • Past or Present Military Service

3Lawful source of income means income that is legally derived and that is subject to reasonable and good-faith efforts to verify the lawfulness of its derivation, and includes moneys received from public assistance, pension, and supplementary security income.

Madison Metro Area

(Dane County Ordinances - Title 6 – Human Services – Chapter 31 § 31.10)​

In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:

  • Arrest/Conviction Record
  • Association with a Tenant Union
  • Citizenship Status4
  • Domestic Partner Status
  • Gender
  • Mental Illness
  • Military Discharge Status
  • Physical Appearance
  • Political Beliefs
  • Receipt of Rental Assistance5
  • Refusal to Prove SSN4
  • Sexual Orientation
  • Student Status

City of Madison Protected Classes

(City of Madison Municipal Code § 39.03)​

In addition to enforcement of federal, state, and county protected classes, this jurisdiction also includes the following protected classes:

  • Atheism
  • Citizenship Status
  • Credit History
  • Gender Identity
  • Genetic Identity6
  • Homelessness
  • Less than Honorable Discharge from Military
  • Refusal to Provide SSN
  • Unemployment

4Class found in local fair housing source, but not in codified law.

5Includes, but is not limited to, lawful compensation or lawful remuneration in exchange for goods or services provided; profit from financial investments; any negotiable draft, coupon or voucher representing monetary value such as food stamps; social security; public assistance; unemployment compensation or worker's compensation payments; receipt of any form of financial contribution from a third party for the purposes of creating or keeping affordable housing for tenants, purchasers, or other potential housing recipients, including but not limited to, Section 8 vouchers, the HOME program, or the Community Development Block Grant Program. Section 8 protections are pre-empted by COA 7th Circuit matter Knapp v. Eagle Property Management Corp. 54 F.3d 1272 (1995).

6Genetic Identity means the genetic information unique to an Individual in both Madison and Milwaukee.

Milwaukee Metro Area

(Milwaukee County Code §§ 107.01 – 107.03)​

In addition to enforcement of federal and state protected classes, this jurisdiction also includes the following protected classes:

  • Creed
  • Receipt of Housing Assistance7
  • Domestic Partnership Status
  • Gender Expression
  • Gender Identity

City of Milwaukee Protected Classes

(City of Milwaukee Municipal Code Volume 1 Chapter 109 – Equal Rights §109-9[1])​

In addition to enforcement of federal, state, and county protected classes, this jurisdiction also includes the following protected classes:

  • Protective Hairstyle8
  • Past or Present Military Service
  • HIV/AIDs Status
  • Genetic Identity6
  • Homelessness

6Genetic Identity means the genetic information unique to an Individual in both Madison and Milwaukee.

7Defined as receipt of any form of financial contribution from a third party for the purposes of creating or keeping affordable housing for tenants, purchasers, or other potential housing recipients, including but not limited to, Section 8 vouchers, the HOME program, or the Community Development Block Grant Program. Limits to Section 8 protections in the code, and Section 8 protections are further pre-empted by COA 7th Circuit matter Knapp v. Eagle Property Management Corp. 54 F.3d 1272 (1995).

8Protective Hairstyle means a hairstyle necessitated by, or resulting from, the characteristics of a hair texture associated with race, such as natural hair, braids, locks, an afro, curls, cornrows, twists, and any other hairstyle, treated or untreated, which is commonly associated with racial, ethnic, or cultural identity.

This jurisdiction emphasizes enforcement of federal and state protected classes.