MIM:cjs

2021 - 2022 LEGISLATURE

2021 Assembly BILL 1133

March 10, 2022 - Introduced by Representative Hebl. Referred to Committee on Rules.

AB1133,1,6 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 Workforce Development, which receives, investigates, and evaluates complaints of violations 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:

AB1133,1 Section 1 . 66.1011 (1) of the statutes is amended to read:

AB1133,2,14 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.

AB1133,2 Section 2 . 66.1201 (2m) of the statutes is amended to read:

AB1133,3,2 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 national origin; and may not be questioned about, or denied housing due to, evictions that occurred more than 5 years prior.

AB1133,3 Section 3 . 66.1213 (3) of the statutes is amended to read:

AB1133,3,10 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.

AB1133,4 Section 4 . 66.1301 (2m) of the statutes is amended to read: