Illegal Rental Ad Language in Wisconsin: What Renters Should Know

Looking for a home or apartment in Wisconsin? It’s important to know that federal and state laws protect renters from discrimination—starting with the language landlords use when advertising rentals. Rental ads must not use words or phrases that illegally exclude or discourage people based on certain protected characteristics. Here’s what you need to know to spot and report illegal language in Wisconsin rental advertising.

What Language Is Illegal in Wisconsin Rental Ads?

Wisconsin’s Open Housing Law (Wis. Stat. § 106.50) and the federal Fair Housing Act make it illegal for rental ads to include language that discriminates against certain groups. The law covers printed ads, websites, and signs—any public communication used to advertise housing.

Protected Classes Under Fair Housing Laws

In Wisconsin, it’s illegal to show preference or limitation based on:

• Race or color
• National origin or ancestry
• Sex
• Disability
• Religion
• Familial status (e.g., families with children)
• Age
• Marital status
• Lawful source of income (including rental assistance)
• Sexual orientation
• Status as a victim of domestic abuse, sexual assault, or stalking

Rental ads cannot include words, phrases, photos, or symbols that indicate a preference for—or exclusion of—people in these groups.^[1][2]

Examples of Illegal and Legal Phrases in Rental Ads

Here are some sample phrases to help you recognize potentially discriminatory language:

• Illegal: "No children," "Adults only," "Christian home," "No Section 8," "Perfect for single professionals," "Whites only"
• Legal (Neutral descriptions): "1 bedroom upstairs," "Non-smoking unit," "Quiet building," "Wheelchair accessible," "Pet policy applies"

Even subtle words or suggestions can violate fair housing laws. If a rental description singles out, favors, or discourages certain groups, it may be illegal.

What Should You Do If You See Discriminatory Rental Advertising?

If you encounter suspicious language or suspect a rental ad is discriminatory, you have the right to take action. Both state and federal agencies accept complaints and investigate violations. Here’s how you can report it in Wisconsin:

1. Gather Evidence

• Take clear screenshots or save copies of the rental ad, including the date and where it appeared.
• Note any contact information or responses from the landlord or property manager for your records.

2. File a Fair Housing Complaint

• Fair Housing Complaint Form (DWD-7971) — Wisconsin Department of Workforce Development
• Use this form to report a suspected housing discrimination incident. Submit it by mail, fax, or in person to the Wisconsin Equal Rights Division.
• Learn about the complaint process and timelines on the Equal Rights Division Complaint Process page.

Enforcement and Where to Seek Help

In Wisconsin, the Wisconsin Equal Rights Division (ERD) of the Department of Workforce Development investigates fair housing complaints for renters and landlords. The federal HUD’s Office of Fair Housing and Equal Opportunity also enforces violations across the country.

Relevant Legislation and Forms

• Wisconsin Open Housing Law (Wis. Stat. § 106.50)
• Fair Housing Act (federal)
• Wisconsin Fair Housing Complaint Form (DWD-7971): If you believe you’ve found a discriminatory rental ad, fill out this form and submit it to the ERD with your documentation. The Equal Rights Division reviews and investigates these complaints.^[3][4]

FAQ

1. What are some example phrases landlords should never use in Wisconsin rental ads?
   Phrases like "no kids," "adults only," "Christian preferred," "whites only," or "no Section 8" are illegal because they discriminate based on protected characteristics.
2. I saw a rental on social media that won’t accept families with children. Is that allowed?
   No. Excluding families with children from housing advertisements is illegal under both Wisconsin and federal fair housing laws.
3. What if a landlord says their ad was just poorly worded—can I still report it?
   Yes. The law focuses on the effect of language, not just the landlord's intentions. If you believe the wording is discriminatory, you can file a complaint with the Wisconsin Equal Rights Division.
4. Does advertising “no pets” count as illegal discrimination in Wisconsin?
   Generally, landlords may set pet policies. However, they cannot refuse someone who needs a service or emotional support animal due to a disability.
5. Who investigates complaints about discriminatory rental ads in Wisconsin?
   The Wisconsin Equal Rights Division (ERD) investigates complaints at the state level. HUD handles federal complaints.

Summary and Key Takeaways

• Rental ads in Wisconsin must not use language that excludes or favors people based on race, family status, disability, or other protected traits.
• If you see a discriminatory ad, document it and file a complaint with the Wisconsin Equal Rights Division using Form DWD-7971.
• You are protected under both state and federal law, and agencies can investigate and take action if necessary.

Fair housing laws are designed to ensure everyone has equal access to rental housing in Wisconsin. Staying informed about your rights will help you recognize and respond to illegal discrimination in rental advertising.

Need Help? Resources for Renters

• Wisconsin Equal Rights Division – Housing Discrimination Page: Guidance, forms, and complaint information
• Wisconsin Fair Housing Complaint Form DWD-7971: Direct link to the official complaint form
• Wisconsin Open Housing Law (Wis. Stat. § 106.50): State law on housing discrimination
• HUD Online Fair Housing Complaint: For federal fair housing complaints
• Federal Fair Housing Act Overview

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1. Wisconsin State Legislature. Wisconsin Open Housing Law (Wis. Stat. § 106.50)
2. U.S. Department of Justice. Overview: Fair Housing Act
3. Wisconsin Department of Workforce Development. Equal Rights Division – Housing Discrimination
4. Wisconsin Department of Workforce Development. Fair Housing Complaint Form DWD-7971

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