Wisconsin LGBTQ+ Rental Housing Discrimination Laws Explained

Finding a safe and welcoming home is crucial for every renter in Wisconsin. Thankfully, both federal and state laws protect LGBTQ+ individuals from housing discrimination. Whether you are signing a new lease or renewing an existing one, it’s important to know your specific rights as an LGBTQ+ renter in Wisconsin and what steps you can take if you ever face unfair treatment.

Protections Against LGBTQ+ Housing Discrimination in Wisconsin

Wisconsin has some of the strongest state-level fair housing protections in the country. The Wisconsin Open Housing Law (Wisconsin Statutes § 106.50) prohibits discrimination in renting, leasing, or selling housing based on sexual orientation. In addition, federal law now protects against discrimination based on gender identity and sexual orientation under the 2020 U.S. Supreme Court decision and guidance from the U.S. Department of Housing and Urban Development (HUD).

What is Considered Discrimination?

Under both federal and Wisconsin law, it is illegal for a landlord or property manager to:

• Deny rental housing or refuse to negotiate for housing based on your sexual orientation or gender identity
• Set different terms, conditions, or privileges for LGBTQ+ renters
• Harass, intimidate, or coerce you for being LGBTQ+
• Make discriminatory statements or advertisements related to these protections

If you are treated unfairly in any of these ways, you may have a legal right to file a complaint and seek justice.

Filing a Fair Housing Complaint in Wisconsin

If you believe you have been discriminated against as an LGBTQ+ renter, you can file a complaint with the Wisconsin Equal Rights Division (ERD), part of the Department of Workforce Development, or with the federal HUD office.

Official Complaint Forms

• Wisconsin Fair Housing Complaint Form (ERD-11009)
  When to use: Use this form to begin an official discrimination investigation by the state. For example, if a landlord refuses to rent to you after learning you are LGBTQ+, you can file this form.
  Find the Wisconsin ERD Complaint Form on the official site
• HUD Housing Discrimination Complaint Form (no number)
  When to use: If you prefer to file with the federal agency, use this form for discrimination based on sexual orientation or gender identity.
  File a HUD Housing Discrimination Complaint online

Who Handles Housing Dispute Cases?

In Wisconsin, state-level complaints are reviewed by the Equal Rights Division, Department of Workforce Development. They will investigate, mediate, and may order legal remedies if discrimination is found.

Your Key Rights Under State and Federal Law

• Wisconsin Open Housing Law: Protects against discrimination due to sexual orientation (see full statute: Wisconsin Statutes § 106.50).
• Federal Fair Housing Act: Interpreted to protect LGBTQ+ renters from discrimination based on gender identity or sexual orientation. More at HUD's LGBTQ+ Fair Housing information page.

If you believe your rights have been violated, the process is designed to be renter-friendly and accessible, with no cost to file a complaint.

What Happens After Filing a Complaint?

After you submit your complaint, the agency will review your case. Here’s a brief summary of what typically happens:

• The agency investigates your claim
• They may mediate a resolution or schedule a hearing
• If discrimination is found, remedies may include requiring the landlord to rent to you, monetary compensation, or anti-discrimination training

FAQ: LGBTQ+ Housing Rights in Wisconsin

1. Can my landlord refuse to rent to me because I am LGBTQ+?
   No, Wisconsin law specifically protects sexual orientation, and federal law covers both sexual orientation and gender identity.
2. What evidence should I include when filing a complaint?
   Include any communication (emails, texts), application denials, advertisements, or witness statements related to the discriminatory action.
3. Is there a deadline to file a discrimination complaint?
   Yes. In Wisconsin, you must generally file within one year of the alleged discrimination, but it’s best to file as soon as possible.
4. What happens if the agency finds in my favor?
   The agency may order the landlord to change their practices, compensate you, and possibly pay penalties.
5. Will the landlord know I filed a complaint?
   Yes, the landlord is notified so they can participate in the investigation process; retaliation for complaint filing is also illegal.

Conclusion: Key Takeaways for LGBTQ+ Renters

• Wisconsin and federal law protect LGBTQ+ renters from housing discrimination.
• You have clear, renter-friendly options to file a complaint at no cost.
• Be sure to document any suspected discrimination and act quickly if your rights are violated.

Knowing your rights empowers you to secure safe, fair, and equitable housing in Wisconsin.

Need Help? Resources for Renters

• Wisconsin Equal Rights Division – Official Housing Complaint Info
• Full Text: Wisconsin Open Housing Law (§ 106.50)
• HUD LGBTQ+ Fair Housing Page
• Wisconsin Department of Workforce Development – Civil Rights

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1. Wisconsin Open Housing Law (Wisconsin Statutes § 106.50)
2. HUD - Enforcement of the Fair Housing Act
3. Wisconsin ERD Discrimination Complaint Form
4. HUD LGBTQ+ Housing Discrimination Resources

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