“I did not think this still happened.”
“They do not even know me and treated me unfairly anyway.”
“I have good credit and excellent housing history, but when they saw me and my family, they denied my application.”
We would like to believe otherwise, but housing discrimination is still a common and deeply harmful experience for many. Victims of discrimination have legal rights and can fight back.
The Metropolitan Milwaukee Fair Housing Council and its satellite offices, Fair Housing Center of Greater Madison and Fair Housing Center of Northeast Wisconsin, help victims of discrimination understand their rights and options for achieving a legal remedy. Services to housing consumers include complaint intake, counseling on fair housing rights, investigation of complainants’ allegations, and assistance with seeking a legal resolution with a government agency or in a court of law.
The federal Fair Housing Act protects us from discrimination based on protected classes: race, religion, color, sex, national origin, disability, and familial status. Additionally, Wisconsin’s fair housing law prohibits discrimination based on marital status; age; sexual orientation; lawful source of income; and status as a victim of sexual assault, stalking, or domestic abuse. Many cities and counties have additional protected classes. In Dane County, local ordinances prohibit discrimination based on use of rental assistance among other additional protected classes.
Fair housing laws apply to many sectors of the housing market: rentals; sales; insurance; appraisals; and mortgage lending, including refinance and rehab loans. Further, laws apply to nearly any stage in a housing transaction, from beginning to end.
Complaints alleging discrimination based on race and familial status, including presence of children in a household, are among the most commonly filed complaints. And nearly half of statewide housing discrimination complaints filed with the Fair Housing Council allege discrimination based at least in part on disability, making disability-related complaints the most common received.
Fair housing laws define disability as a physical or mental impairment that substantially limits one or more major life activities. Covered disabilities include physical, psychiatric, and chronic mental illness; cognitive disabilities; AIDS or HIV-positive status; and persons in recovery from drug or alcohol abuse.
Housing discrimination based on disability occurs in a variety of ways. Many complaints are filed by consumers who have been denied a reasonable accommodation or modification. Reasonable modifications are changes to the physical structure that enable a person with a disability to reside there, including installation of ramps or bathroom grab bars, if the consumer is willing to pay for such modifications. Reasonable accommodations are also changes to a housing provider’s rules, policies, and procedures, including:
- Allowing a service animal when a tenant requires one due to their disability, even if there is a no-pets rule.
- Use of non-toxic or organic cleaning products in common areas for someone whose disability involves chemical sensitivities.
- Assigning a specific parking space for resident with a mobility impairment.
In other cases, people with disabilities experience discrimination when they are denied the opportunity to rent, buy, or otherwise obtain a home because of a disability.
Discrimination also occurs when housing providers offer unfair terms and conditions to housing for persons with disabilities. As an example, charging a higher security deposit for someone who uses a wheelchair.
Discrimination based on presence of children also persists and can occur in many forms. An example, Sheryl (not her real name), a mother of two, called about a two-bedroom apartment advertised in Madison. She was looking for a safe, comfortable home for herself and her four-year-old son and two-year-old daughter. The apartment location was ideal because it was very close to where her family lived. She spoke with the owner’s agent, and after discussing rent, security deposit, and features, the agent told Sheryl that the apartment could house a maximum of two adults. Sheryl asked if one adult and two children would be okay, and the agent said no, going on to say that there were not children in the building and that the owner would not accept children in the apartment because it was on the second floor. After the phone call, Sheryl says she “was very upset. I love my kids and was afraid of being out on the streets. I knew what had happened felt unfair, but I did not know it was against the law.”
Sheryl called Fair Housing Center of Greater Madison. When she was told that discrimination against households with children was prohibited by fair housing laws, she filed a complaint. The Center advised her of her legal rights and conducted an investigation into her complaint. The investigation included a method called testing, which is a controlled way to compare the quantity and quality of information provided to different homeseekers. The investigation provided evidence that corroborated Sheryl’s complaint, showing that a tester with a child was told that there were no children permitted in the apartment, while a tester with no children was given information about the housing and afforded the opportunity to rent the unit.
With evidence in hand, Sheryl filed fair housing complaints with the State of Wisconsin Equal Rights Division and the U.S. Department of Housing and Urban Development, alleging she had been discriminated against based on her familial status. Both federal and state fair housing laws prohibit discrimination based on the presence of minor children in a household. Sheryl received assistance with the preparation of complaint documents and ongoing help throughout the process from Fair Housing Council staff. Several months later, Sheryl and the apartment building owner reached a confidential settlement.
Sheryl says, “I learned a lot from this ordeal. I know a whole lot more about my housing rights, and that has helped me when looking for housing since. I appreciate the help Fair Housing Center gave me.” Sheryl also says her experience has encouraged her to continue being a self-advocate and stand up for her rights. “You have got to keep on fighting, no matter what.”
If you feel you have experienced illegal housing discrimination, call 877.647.3247, a toll-free complaint intake line. The Fair Housing Council also provides educational fair housing presentations to social service agencies, community groups, religious congregations, and civic organizations.
The Metropolitan Milwaukee Fair Housing Council and its satellite offices, Fair Housing Center of Greater Madison and Fair Housing Center of Northeast Wisconsin, comprise a private, nonprofit civil rights enforcement organization. Our mission is to promote fair housing throughout the state of Wisconsin by combating illegal housing discrimination and by creating and maintaining racially and economically integrated housing patterns. We envision a future where illegal discrimination poses no barriers to housing choice; neighborhoods are integrated, inclusive, and thriving; and all people share a commitment to creating equitable communities.
Submitted by Fair Housing Wisconsin.
Fair Housing Center of Greater Madison
1574 W. Broadway, Suite 200
Madison, WI 53713
608.257.0853
fairhousingwisconsin.com