Wisconsin Fair Housing Testing and Your Rights

Facing housing discrimination can be frustrating and confusing, but renters in Wisconsin are protected under state and federal law. Understanding Fair Housing testing, the agencies that enforce these laws, and the ways you can take action is essential for securing your rights and a safe, fair home.

What is Fair Housing Testing?

Fair Housing testing is a process used by government agencies and nonprofits to identify illegal housing discrimination. Trained "testers" pose as potential renters to gather evidence when discrimination is suspected based on race, color, religion, sex, disability, national origin, or other protected categories under the federal Fair Housing Act and Wisconsin’s Open Housing Law^[1].

This evidence helps agencies enforce fair housing laws and protect renters. Testing might be triggered by a renter’s complaint or as part of proactive monitoring by enforcement groups.

Key Fair Housing Enforcement Agencies in Wisconsin

If you believe you have been discriminated against, you’re not alone. The following agencies receive, investigate, and enforce fair housing laws for Wisconsin renters:

• Wisconsin Department of Workforce Development (DWD) – Equal Rights Division – Handles investigations and enforcement of state fair housing laws.
• U.S. Department of Housing and Urban Development (HUD) – Responsible for enforcing federal Fair Housing Act protections.
• Metropolitan Milwaukee Fair Housing Council (MMFHC) – Offers testing, investigation, and advocacy for renters statewide.
• Local agencies or human rights commissions may exist in some cities (for example, Madison and Milwaukee).

Each of these agencies can help you understand your rights, conduct formal investigations (including testing), and, if necessary, take enforcement action against landlords who violate fair housing law.

How to File a Fair Housing Complaint in Wisconsin

If you suspect discrimination, you can file a complaint with either the Wisconsin DWD Equal Rights Division or HUD. Here’s a summary of the steps and official forms you'll need:

• Wisconsin Fair Housing Complaint Form (ERD-10010-E):
  You must complete this form to start a state-level investigation.
  View and download the Fair Housing Complaint Form (ERD-10010-E).
  Example: If your landlord rejected your application after you asked about accessible units, you might use this form to report suspected disability discrimination.
• HUD Housing Discrimination Complaint Form (Form 903):
  You can submit this online or by mail to report federal violations.
  Download the official HUD Form 903 or use HUD’s online complaint portal.
  Example: If you believe a rental agent quoted you a higher rent price because of your ethnicity, file this form with HUD.

Wisconsin’s Main Tribunal for Housing Disputes

In Wisconsin, fair housing complaints are administratively handled by the Wisconsin Department of Workforce Development (DWD) Equal Rights Division. While eviction or rent disputes may go to small claims court, discrimination and fair housing investigations are handled by this state body.^[2]

Relevant Tenancy Legislation

• Wisconsin Statutes Section 106.50 – Open Housing Law
• Federal Fair Housing Act
• Related rental rights are also governed by Wisconsin Statutes Chapter 704 – Landlord and Tenant

Action Steps if You Face Housing Discrimination

• Document what happened: Save emails, texts, ads, or notes of conversations.
• Contact a fair housing agency or local legal aid organization for advice.
• Submit the appropriate complaint form to DWD or HUD.
• Stay responsive to agency follow-ups—investigators may request more details or conduct further testing.

If discrimination is proven, agencies can require the landlord to stop discriminatory practices, pay damages, or even face penalties.

Frequently Asked Questions about Fair Housing in Wisconsin

1. What is housing discrimination and who is protected in Wisconsin?
   Housing discrimination refers to the illegal practice of treating renters differently based on race, color, national origin, sex, disability, family status, or religion. Wisconsin also protects against discrimination based on ancestry, marital status, source of income, or sexual orientation.^[1]
2. What happens after I file a discrimination complaint?
   An investigator reviews your complaint, may conduct testing or interviews, and tries to resolve the case. If there is evidence of discrimination, there may be compensation, policy changes, or penalties for the landlord.
3. Do I need to pay to file a Fair Housing complaint?
   No, filing a Fair Housing complaint with state or federal agencies is free for renters.
4. How long do I have to file a housing discrimination complaint?
   In most cases, complaints must be filed within one year from the date the alleged discrimination happened.^[2]
5. What evidence should I collect to support my claim?
   Keep copies of all communications, lease documents, notes about what happened, and contact details of any witnesses.

Conclusion: What Wisconsin Renters Should Remember

• Fair Housing laws protect you from discrimination—and testing helps enforce your rights.
• The Wisconsin DWD and HUD are the key agencies for complaints and enforcement.
• Support is available: You do not have to face discrimination alone.

If you believe your housing rights have been violated, prompt action and thorough documentation are your best first steps.

Need Help? Resources for Renters

• Wisconsin Department of Workforce Development (DWD) – Fair Housing Information & Complaint: (608) 266-6860
• HUD Wisconsin Field Office: (414) 297-3214
• Metropolitan Milwaukee Fair Housing Council (MMFHC): (414) 278-1240 or statewide toll-free (877) 647-3247
• Legal Action of Wisconsin: Free or low-cost legal help for eligible renters
• City of Madison Equal Opportunities Division: Local support for Madison renters

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1. See Wisconsin Statutes 106.50 – Open Housing Law
2. See DWD Fair Housing Complaint Instructions

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