Familial Status Discrimination and Tenant Rights in Wisconsin

If you're renting a home or apartment in Wisconsin and have children, are pregnant, or live with certain relatives, you are protected under both federal and Wisconsin fair housing laws. Understanding familial status discrimination—and what you can do if it affects you—ensures your right to safe and equal housing.

What Is Familial Status Discrimination in Wisconsin?

Familial status discrimination means treating people unfairly in housing because they have children under 18, are expecting a child, or have legal custody of minors. Under the federal Fair Housing Act and Wisconsin Statutes Chapter 106.50 (Wisconsin Open Housing Law), landlords and property managers cannot:

• Deny you housing because children live with you
• Set different rental terms or conditions due to your family setup
• Refuse to negotiate for housing or falsely say a unit is unavailable
• Impose special rules or fees based on the presence of children

This law protects families, single parents, pregnant people, foster parents, and some situations involving grandparents or guardians.

Examples of Prohibited Familial Status Discrimination

• A landlord refuses to rent a two-bedroom apartment to a single parent with two children, but allows a couple without kids to rent the same apartment.
• A property manager charges a higher security deposit only for applicants with children.
• Advertising units as "adults only" or refusing tenants because of pregnancy.

Wisconsin law also forbids steering families with children to specific parts of a building or complex, or restricting play areas just for families.^[1]

Your Rights as a Renter in Wisconsin

You have the right to apply for, rent, and enjoy housing with your family without facing unfair treatment. Landlords must also comply with reasonable requests for accommodations due to family needs, such as minor changes to rules or policies for children’s safety.

Exceptions to the Rule

• Seniors Housing: Properties qualifying as "housing for older persons" (such as 55+ or 62+ communities) are allowed to limit residents by age under specific legal criteria.
• Owner-occupied buildings with no more than four units may be exempt in some cases.

What To Do if You Face Familial Status Discrimination

If you believe you’ve been discriminated against because of your family status, you have several options for taking action. The key steps involve documenting what happened and filing a complaint with the appropriate authorities.

Filing a Fair Housing Complaint in Wisconsin

Complaints can be made to both the Wisconsin Equal Rights Division and the U.S. Department of Housing and Urban Development (HUD). You can file at either or both, as they share jurisdiction.

• Wisconsin Fair Housing Complaint form (ERD-11012-A): Use this form to start a housing discrimination complaint with the Wisconsin Equal Rights Division.
  When and how to use it: If you feel a landlord discriminated against you because of your family status, fill out the official complaint form. Provide as many facts and documents as possible. Submit online, by mail, or in person.
• HUD Housing Discrimination Complaint Form (903) : File a complaint with HUD if you want a federal review.
  When and how to use it: Use the HUD online complaint form if you believe a landlord, management company, or other housing provider discriminated against you due to familial status.

Who Handles Housing Complaints in Wisconsin?

In Wisconsin, the Equal Rights Division of the Wisconsin Department of Workforce Development is the primary state agency for tenant discrimination complaints. They enforce open housing laws and conduct investigations.^[2]

HUD is responsible for federal enforcement. Both agencies can take action depending on your situation.

Relevant Legislation and Your Protection

• Wisconsin Statutes Chapter 106.50 (Open Housing Law): Sets out state rules forbidding housing discrimination based on familial status.
• Federal Fair Housing Act, 42 U.S.C. §§ 3601–3619: Nationwide protections against discrimination, including for families with children.

Both laws support your right to fair and equal rental opportunities in Wisconsin.

FAQs: Familial Status and Your Rental Rights in Wisconsin

1. What does ‘familial status’ mean for renters in Wisconsin?
   It means you are protected from discrimination in housing if you have children under 18, are pregnant, or have legal custody of minors.
2. Can a landlord refuse to rent to me because I have children?
   No, it is illegal for landlords to deny rental applications or set different rules because you have children, except in rare, legally defined senior housing.
3. What if my landlord sets special rules or fees just for families with kids?
   This is generally prohibited. Charging more or restricting amenities solely because of children is considered discrimination under Wisconsin law.
4. How do I file a fair housing complaint in Wisconsin?
   Use the state complaint form or file with HUD online. Provide all relevant evidence and describe what happened.
5. Can I be evicted for complaining about familial status discrimination?
   No. Retaliation such as threats or eviction for filing a fair housing complaint is illegal under Wisconsin law.

Key Takeaways for Wisconsin Renters

• You’re protected by state and federal law from housing discrimination based on familial status.
• Document any suspected discrimination and act quickly to file a complaint using official forms.
• The Equal Rights Division and HUD are available to help and investigate your concerns.

Staying informed about your rights—and knowing what to do if those rights are violated—ensures a safer home for your family.

Need Help? Resources for Renters in Wisconsin

• Wisconsin Equal Rights Division (Department of Workforce Development) — File complaints and get guidance on housing discrimination ( Contact options)
• HUD Office of Fair Housing & Equal Opportunity — Federal resources and complaint help
• Wisconsin Consumer Protection Landlord-Tenant Guide — Plain-language guide to state rental rights

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1. For full open housing requirements in Wisconsin, see Wisconsin Statutes Chapter 106.50.
2. Residential tenancy disputes and most rental discrimination cases are handled by the Wisconsin Equal Rights Division.

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