Wisconsin Landlords and Criminal Background Checks: What Renters Should Know

Understanding your rights as a renter in Wisconsin can help you navigate the application process and spot possible discrimination. Many renters wonder whether landlords are allowed to ask about criminal history and how that information can be used. Here’s a clear breakdown of Wisconsin’s current rental laws, protections, and your options if you face unfair treatment.

Can Landlords Ask About Criminal Records in Wisconsin?

In Wisconsin, landlords can ask about a rental applicant’s criminal history as part of the screening process. There is no statewide law that strictly prohibits landlords from making such inquiries or conducting criminal background checks. However, federal and state laws do limit how this information may be used to ensure fair housing for all applicants.

How Federal and State Laws Protect Renters

• The federal Fair Housing Act prohibits landlords from using criminal history in a way that results in illegal discrimination based on race, color, national origin, religion, sex, disability, or familial status^[1].
• The Wisconsin Open Housing Law (Wis. Stat. § 106.50) mirrors these protections at the state level^[2].

Landlords must use criminal background checks consistently for all applicants and cannot have blanket bans that may disproportionately impact protected groups. Denying housing for an arrest record alone (not resulting in conviction) may also be considered unfair under some circumstances.

What Criminal History Can and Cannot Be Used For

• Convictions may be considered, especially if recent and related to property or safety.
• Arrests without conviction generally aren’t valid grounds for denial.
• Old or unrelated offenses (such as an outdated minor conviction) may be less justifiable reasons for denying housing.
• Landlords must assess your application individually, looking at the nature and timing of any offense and evidence of rehabilitation.

For more information on best practices, visit the HUD FAQ on Criminal Background Checks.

Filing a Discrimination Complaint in Wisconsin

If you believe a landlord improperly used your criminal record to discriminate against you, you have the right to file a complaint.

• The Equal Rights Division (ERD) of the Wisconsin Department of Workforce Development is the official body that investigates housing discrimination complaints. Learn about filing a complaint with ERD.

Key Official Form: Housing Discrimination Complaint Form (ERD-10909)

• Form Name/Number: Housing Discrimination Complaint (ERD-10909)
• When Used: When a renter or applicant believes a landlord has discriminated against them—including improper use of criminal history in a housing decision—they may complete this form to start an official complaint with the state.
• How to Use: Fill out and submit the form online, by mail, or in person to the Equal Rights Division. Include details of the discrimination, dates, and any supporting evidence.
• View and submit the official Housing Discrimination Complaint Form (ERD-10909)

Summary of Complaint Process

Filing a complaint is simple—complete the form, submit it with your evidence, and the ERD will contact you to discuss your case. You do not need to hire a lawyer to submit this form.

Relevant Legislation for Renters

For a full explanation of fair housing and criminal record use in tenancy decisions, see:

• Wisconsin Statutes Chapter 704 — Landlord and Tenant Law^[3]
• Wisconsin Open Housing Law (Wis. Stat. § 106.50)
• Federal Fair Housing Act

These laws outline your rights and the responsibilities of landlords during the application process and rental period. The Equal Rights Division, part of the Wisconsin Department of Workforce Development, acts as the main tribunal for tenant complaints and disputes in matters of fair housing.

Frequently Asked Questions

1. Can a landlord run a background check without my consent in Wisconsin?
   No. Landlords must have your written consent to run any background or criminal check as part of your rental application.
2. What if a landlord denies me housing based solely on an arrest?
   You may have grounds for a discrimination complaint. Denials cannot be made on the basis of arrest records alone without a conviction.
3. How long does a criminal conviction affect my rental applications?
   It depends. Landlords typically consider the nature, severity, and recency of the crime. Old or unrelated convictions are less likely to justify denial.
4. Is there a fee to file a housing discrimination complaint with the ERD?
   No. Filing a housing discrimination complaint is free in Wisconsin.
5. Can I get help filling out the complaint form?
   Yes. The Equal Rights Division offers guidance by phone or in person. Review their official resources for support.

Key Takeaways for Wisconsin Renters

• Landlords can ask about criminal history, but must follow fair housing laws in their decisions.
• If you face discrimination, use the Housing Discrimination Complaint Form (ERD-10909) to seek help.
• The Equal Rights Division is your main state resource for filing and resolving discrimination cases.

Need Help? Resources for Renters

• Wisconsin Equal Rights Division – Housing Discrimination Portal (file a complaint, get info, call/email support)
• Wisconsin State Law Library – Housing Resources
• U.S. Department of Housing and Urban Development – Fair Housing Complaints
• For urgent discrimination matters, call (608) 266-6860 (Wisconsin ERD) or TTY (866) 275-1165

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1. See Fair Housing Act (U.S. Dept. of Justice and HUD)
2. See Wisconsin Open Housing Law (Wis. Stat. § 106.50)
3. See Wisconsin Statutes Chapter 704 – Landlord and Tenant

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