Does Wisconsin Ban Source of Income Discrimination for Renters?

Renters in Wisconsin often wonder if landlords can refuse to rent based on how you pay—such as vouchers, Social Security, or other lawful income sources. Understanding your rights regarding source of income discrimination can help you secure fair and equal access to housing.

What Is ‘Source of Income’ Discrimination?

Source of income discrimination means a landlord refuses to rent, renew a lease, or imposes different terms because of the way you pay your rent. This could include:

• Housing Choice Vouchers (Section 8)
• Social Security or disability income
• Veterans benefits
• Child support or alimony
• Other lawful sources of income

Some states protect renters from this form of discrimination. It's crucial for Wisconsin renters to know how their local laws apply.

Does Wisconsin Ban Source of Income Discrimination?

As of 2024, Wisconsin state law does not prohibit landlords from discriminating based on lawful source of income. That means, under Wisconsin law, a private landlord could reject rental applications because the rent would be paid with a housing voucher, public assistance, or other sources listed above.^[1]

However, it is still illegal for landlords to discriminate based on the protected classes defined in Section 106.50 of the Wisconsin Fair Housing Law, such as race, color, religion, national origin, sex, disability, marital status, sexual orientation, and family status.

Are Any Local Protections Available?

Some Wisconsin cities, such as Madison, have adopted additional ordinances that prohibit source of income discrimination. In these areas, it is illegal for landlords to refuse to rent to tenants based on income sources like vouchers. For example:

• Madison Equal Opportunities Division states that source of income is protected within city limits.

If you rent in Madison, local ordinances apply in addition to state law. Always check with your local government or fair housing commission to determine your rights in your city or county.

Your Rights Under Wisconsin Law

Although state law does not list lawful source of income as a protected class, you are still protected from discrimination by:

• Federal Fair Housing Act—for protected classes such as race, color, religion, sex, national origin, familial status, and disability (see HUD information).
• Wisconsin Statutes: Wisconsin Fair Housing Law (Section 106.50).

If you believe you were denied housing due to both your voucher and a protected characteristic (such as disability or race), you may still have a discrimination claim under existing laws.

How to File a Fair Housing Complaint in Wisconsin

If you suspect you have been discriminated against based on a protected class, you can file a complaint with the:

• Wisconsin Equal Rights Division (ERD)
• Or, for federal matters, the U.S. Department of Housing and Urban Development (HUD)

Official Forms – Wisconsin Equal Rights Division

• Housing Discrimination Complaint Form (ERD-10792-E)
  Download the Housing Discrimination Complaint Form here.
  Use this form if you believe your rights were violated under Wisconsin Fair Housing Law. For example, if a landlord refused to rent to you because of your disability or race, fill out this form and submit it to the ERD.

Submit the completed form by mail, fax, or email to the Wisconsin Equal Rights Division. Contact details are listed on the form and on the official ERD housing discrimination page.

Which Tribunal Handles Residential Tenancy Disputes?

The Wisconsin Equal Rights Division (ERD), Civil Rights Bureau, hears and investigates housing discrimination complaints. Learn more at the official ERD housing rights page.

Check your local city or county ordinances for possible expanded protections—especially if you live in Madison or other large municipalities.

FAQ: Source of Income Discrimination for Wisconsin Renters

1. Can my landlord refuse my application if I pay with a Section 8 voucher?
   Yes, under Wisconsin state law, landlords are not required to accept Section 8 or other vouchers—unless you live in a city or county with local protections like Madison.
2. Are there any state-level protections for renters using lawful sources of income?
   No. Wisconsin state law does not include source of income as a protected status for renters. Only locally adopted ordinances may protect this class.
3. Where do I file a housing discrimination complaint?
   You can file with the Wisconsin Equal Rights Division or HUD, but only for violations relating to federally or state-protected classes—such as race, disability, or family status.
4. How do I know if my city bans source of income discrimination?
   Check your local city or county government website, housing agency, or fair housing office. For example, Madison bans such discrimination.
5. What should I do if I’m not sure whether my income source is protected locally?
   Contact your local fair housing office or the Wisconsin Equal Rights Division for up-to-date guidance on your city’s laws.

Key Takeaways for Wisconsin Renters

• Wisconsin state law does not protect renters from being denied housing due to lawful source of income.
• Some cities, including Madison, have local ordinances banning this discrimination—always check your local rules.
• For any fair housing complaint based on a protected class, you can file with the Wisconsin Equal Rights Division or HUD.

Staying informed about both state and local regulations gives you the best tools to advocate for fair housing access.

Need Help? Resources for Renters

• Wisconsin Equal Rights Division—Civil Rights Bureau: Official office for housing discrimination complaints and renter guidance
• HUD Wisconsin Resources: Tenant rights information, complaint process, and federal assistance
• City of Madison Equal Opportunities Division: Madison-specific tenant protections and source of income discrimination support
• Wisconsin Department of Justice—Housing Rights: Additional housing rights information and referrals

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1. Wisconsin Statutes Section 106.50 – Wisconsin Fair Housing Law
2. Wisconsin Equal Rights Division – Housing Discrimination Complaint Procedure
3. Madison Equal Opportunities Division – Source of Income Protections
4. U.S. Department of Housing and Urban Development – Overview of Federal Fair Housing Act

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