Proving Discriminatory Rental Screening in Wisconsin

If you suspect a landlord or property manager in Wisconsin has screened you differently because of your race, disability, family status, or another protected characteristic, you have rights under state and federal fair housing laws. Understanding what counts as discrimination—and knowing how to prove it—can help you feel confident as you protect your right to safe, fair housing in Wisconsin.

Understanding Discriminatory Screening: Key Laws in Wisconsin

Landlords must follow both the federal Fair Housing Act and the Wisconsin Open Housing Law (Wisconsin Statutes § 106.50). These laws make it illegal for landlords to:

• Deny your rental application or set different terms based on race, color, religion, national origin, sex, disability, or familial status
• Ask only certain renters for extra documentation
• Set higher security deposits or different credit/background check requirements for some applicants but not others

This includes every stage of the rental process, from advertising to background checks and application approvals.

Recognizing Signs of Discriminatory Screening

Discriminatory screening isn't always obvious. Red flags may include:

• Being told a unit is unavailable, but later learning it's still vacant
• Getting asked about your country of origin, disability, or family makeup
• Rules or requirements that seem to apply only to you or people like you
• Receiving different communication, fees, or paperwork than other applicants

What Counts as Evidence?

To prove discrimination, documentation is key. Collect evidence such as:

• Emails, texts, or voicemails from the landlord or agent
• Notes on your conversations (who, when, what was said)
• Copies of rental listings or applications
• Evidence showing other applicants were treated differently (such as testimony or documentation)
• Witness statements

It can also help to compare how the landlord screens other applicants. For instance, you might ask a friend to inquire about the unit and see if the process is the same.

How to File a Discrimination Complaint in Wisconsin

In Wisconsin, the Equal Rights Division (ERD) of the Wisconsin Department of Workforce Development is the primary agency that investigates housing discrimination. You may also file a complaint with the U.S. Department of Housing and Urban Development (HUD).

Important Official Form: Fair Housing Complaint Form (DWD-ERD-4527)

To start the process, use the ERD's Fair Housing Complaint Form (#DWD-ERD-4527):

• When to use: If you believe a landlord denied your application, asked for extra requirements, or otherwise treated you unfairly in violation of housing discrimination laws.
• How to use: Fill out the form detailing what happened, including dates, people involved, and the evidence you've gathered. Attach any supporting documents.
• Download the Fair Housing Complaint Form (DWD-ERD-4527) from the Wisconsin DWD

Once submitted, the ERD investigates, which may include contacting you and the landlord, gathering more information, or offering mediation.

What Happens After Submitting a Complaint?

The Equal Rights Division will review your complaint, contact both you and the landlord for additional details, and—if discrimination is found—can order remedies, including requiring the landlord to change practices or compensate you. You have up to one year after the discriminatory act to file your complaint.

Relevant Tribunal for Landlord-Tenant Matters in Wisconsin

While housing discrimination cases are handled by the Equal Rights Division (ERD), landlord-tenant disputes regarding contract terms or evictions may go through Wisconsin Circuit Courts for resolution. The ERD is your first stop for fair housing screening complaints.

Know Your Rights: Wisconsin Housing Legislation

• Wisconsin Statutes § 106.50: Open Housing Law
• Federal Fair Housing Act

Keep records of every interaction and save copies of all your communications. Documentation makes your case much stronger.

Frequently Asked Questions

1. What is an example of discriminatory screening in Wisconsin?
   A landlord requiring only applicants of a certain ethnicity to provide a credit report or asking about your disabilities are both forms of discriminatory screening.
2. How long do I have to file a fair housing complaint in Wisconsin?
   You have one year from the date of the alleged discrimination to file a housing complaint with the Wisconsin Equal Rights Division or HUD.
3. Can I file both with the state and with HUD?
   Yes. Your complaint may be processed jointly, and filing with both may help ensure your rights are fully protected.
4. Will I need an attorney?
   Many renters successfully file a complaint without an attorney, but free legal aid services can provide helpful guidance and support.
5. What happens if discrimination is proven?
   The ERD or HUD can order the landlord to correct the discriminatory practice and may grant you compensation or other remedies.

Conclusion: Key Takeaways

• Discriminatory screening is illegal under Wisconsin law—gathering evidence and keeping good records is essential.
• Official complaints use the DWD-ERD-4527 form via the Equal Rights Division.
• Support is available: seek help from government agencies and legal services if you suspect discrimination.

Need Help? Resources for Renters

• Wisconsin Equal Rights Division: Housing Discrimination Resources
• Download: Fair Housing Complaint Form (DWD-ERD-4527)
• HUD Fair Housing Complaints
• Legal Action of Wisconsin: Housing Services
• Wisconsin Circuit Courts Self-Help: Landlord-Tenant Issues

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1. Wisconsin Statutes § 106.50 (Open Housing Law)
2. Wisconsin Equal Rights Division Fair Housing Complaint Form (DWD-ERD-4527)
3. Federal Fair Housing Act overview
4. Wisconsin Department of Workforce Development – Housing Discrimination

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