2014-575 •
ORDINANCE NO. 2014 - 575
An ordinance amending the Fair Housing Code to prohibit discrimination based upon gender
identity and/or gender expression in the City of Janesville with penalties as set forth in JGO
16.04.120.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 16.04.010 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
16.04.010 Intent -- Declaration of policy.
A. It is the express policy and intent of the City to of Janesville to protect its current and
prospective citizens and residents from discrimination in housing.
B. To that end, it is the express policy and intent of the City, pursuant to the United
States and Wisconsin Constitutions and also its power to protect the public health, safety, and
general welfare, that all persons, regardless of race, color, religion, ancestry, sex, national origin,
handicap, sex or marital status of the person maintaining a household, lawful source of income,
age, sexual orientation, as defined in s. 111.32 (13m), Wis. Stats., gender identity and/or gender
expression, or familial status are entitled to fair and equal access to housing.
C. To this end the City hereby enacts this chapter prohibiting any person, not herein
expressly exempted, from discriminating against any other person or persons by impairing, to
any degree, access to any housing or housing accommodations on the basis of race, color,
religion, ancestry, sex, national origin, handicap, sex or marital status of the person maintaining a
household, lawful source of income, age, sexual orientation as defined in s. 111.32(13m), Wis.
Stats., gender identity and/or gender expression, or familial status.
D. Also to this end, the City hereby creates an administrative process to enforce
equal opportunity in housing for all citizens of Janesville.
E. Furthermore, it is the intent of the City and this chapter to render unlawful
discrimination in housing and to assist in the orderly prevention and removal of all
discrimination in housing through the powers granted under current Wisconsin law, including,
but not limited to, ss. 66.432 and 101.22 (1), Wis. Stats., and such other applicable statutes as
may, from time to time, amend, supersede, supplant or in any way modify, change or add to
these statutory provisions.
SECTION II. Section 16.04.030 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
16.04.030 Definitions. In this chapter, unless the context requires otherwise:
A. "Complainant" means the person(s) who file a complaint with the Fair Housing
Officer alleging one or more violations of any provision of this chapter and naming the alleged
violator(s).
B. "Complaint" means the written allegation of one or more violations of any
provision of this chapter, naming the alleged violator(s), in affidavit form, filed with the Fair
Housing Officer and otherwise completed and filed in strict accord with each and every time
limit and other provision of this chapter and other applicable policy,
C. "Discriminate ", "Discrimination ", and "Discriminating" mean to segregate,
separate, exclude or treat, to any degree, any person or class of persons unequally, unless
expressly exempted by this chapter, because of race, color, religion, ancestry, sex, national
origin, handicap, sex or marital status of the person maintaining a household, lawful source of
income, age, sexual orientation as defined in s. 111.32(13m), Wis. Stats., gender identity and/or
gender expression., or familial status.
D. "Discriminate ", "Discrimination ", and "Discriminating" against the
handicapped includes a refusal to permit, at the expense of a handicapped person, reasonable
modifications of existing premises occupied or to be occupied by such person if such
modifications may be necessary to afford such person full enjoyment of the premises, except
that, in the case of a rental, the landlord may where it is reasonable to do so condition permission
for a modification on the renter agreeing to restore the interior of the premises to the condition
that existed before the modification, reasonable wear and tear excepted; and a refusal to make
reasonable accommodations in rules, policies, practices, or services when such an
accommodation may be necessary to afford such person equal opportunity to use and enjoy a
dwelling.
E. "Fair Housing Officer" means the person, appointed from time to time by and
serving for an indeterminate period at the pleasure of the City Manager, with whom a complaint
is filed and who administers the complaint review and determination process.
F. "Familial status" means one or more individuals who have not attained the age
of eighteen (18) years) and who are domiciled with: (1) a parent or another person having legal
custody of such individual or individuals; or (2) the designee of such parent or other person
having such custody, with the written permission of such parent or other person.
G. "Gender Identity and /or Gender Expression" means a person's gender related
self - identity, appearance, expression or behavior, regardless of the person's assigned sex at birth.
H.G. "Handicap" and "handicapped" mean a physical or mental impairment or the
perception of a physical or mental impairment which substantially limits one or more of the
person's major life activities, or a record of having such an impairment, or being regarded of
having such an impairment; but such terms do not include current, illegal use of or addiction to a
controlled substance (as defined in s. 102 of the Controlled Substances Act (21 U.S.C. 802) as
from time to time amended).
L "Hearing" means a formal and/or informal hearing or other fact finding
gathering, meeting, procedure and/or process under the jurisdiction and direction of an appointed
Hearing Examiner.
J. "Hearing examiner" means the person(s) appointed by the Fair Housing Officer
to render a determination of probable cause in each complaint alleging housing discrimination
or a violation of any other provision of this chapter.
K. "Housing" means each and every improved property, including, but not limited
to, each and every room, apartment, house, mobile home, building or structure, any part of which
is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or
residence or for human habitation of whatsoever kind or nature on a temporary or permanent
basis.
L. IC, "Housing for older persons" means one or more housing communities
consisting of dwellings:
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a. Intended for, and at least 90% occupied by, at least one person 55 years of
age or older per unit, and providing significant facilities and services specifically designed to
meet the physical or social needs of such persons; or
b. Intended for or occupied solely by persons 62 years of age or older.
c. Housing shall not fail to meet the requirements for "housing for older
persons" by reason of: persons residing in such housing as of the effective date of this chapter
who do not meet the age requirements of subsections a. or b., provided that new occupants of
such housing meet the age requirements of subsections a. or b.; or unoccupied units, provided
that such units are reserved for occupancy by persons who meet the age requirements of
subsections a or b.
M. IL "Mediator" means one or more persons, appointed from time to time by and
serving for an indeterminate period at the pleasure of the Fair Housing Officer, who shall, in
addition to such other duties and responsibilities as provided by law, attempt to resolve, through,
but not limited to, conference, mediation, conciliation, and/or persuasion, each complaint in a
manner mutually agreeable to the complainant and respondent and in a written and enforceable
form acceptable to the City Attorney, signed by the complainant, respondent, and Mediator, and
filed with the Fair Housing Officer.
N. M- "Person" means each and every individual, partnership, labor or other
association, organization of whatsoever kind or nature, corporation, legal representative,
receiver, trustee in bankruptcy, or other fiduciary or the lessee, proprietor, manager, employee or
any other agent of any such person.
O. N "Probable cause" means the Hearing Examiner's determination that there are
reasonable grounds to believe that one or more persons has, may have, or may be violating one
or more provisions of this chapter.
P.O , "Respondent" means any person or persons who, according to the allegations
contained in any filed complaint, has or have allegedly violated any provision of this chapter.
(�. g "Settlement agreement" means the written resolution of the complaint and
alleged violation(s), signed by each party, enforceable at law and equity and otherwise pursuant
to this chapter, in a form acceptable to the City Attorney, signed by the complainant and
respondent, filed with the Fair Housing Officer, and in some manner eliminating the alleged
discrimination and/or other violation of any provision of this chapter.
R. Q: "Single occupancy room" means each and every room in a structure of five (5)
such rooms or less which the owner has leased or rented or in any way offered for lease or rent to
a sole individual, provided the owner permanently resides in the same structure.
SECTION III. Section 16.04.040 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
16.04.040 Discrimination -- Prohibited.
A. It is unlawful for any person to discriminate:
1. By refusing to sell, lease, finance, or contract to construct housing or by
refusing to discuss the terms thereof.
2. By refusing to permit inspection or exacting different or more stringent
price, terms or conditions for the sale, lease, financing or rental of housing;
3. By refusing to finance or sell an unimproved residential lot or to construct
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a home or residence upon such lot;
4. By publishing, circulating, issuing or displaying or causing to be
published, circulated, issuing, or displaying any communication, notice, advertisement, or sign in
connection with the sale, financing, lease, or rental of housing which states or indicates any
discrimination in connection with housing;
5. For a person in the business of insuring against hazards, by refusing to
enter into, or by exacting different terms, conditions or privileges with respect to, a contract of
insurance against hazards to a dwelling;
6. By refusing to renew a lease, causing the eviction of a tenant, from rental
housing or engaging in the harassment of a tenant.
B. No person may induce or attempt to induce any person to sell, rent or lease any
dwelling by representation regarding the present or prospective entry into the neighborhood of a
person or persons of a particular race, color, religion, ancestry, sex, national origin, handicap,
sex or marital status of a person maintaining a household, lawful source of income, age, sexual
orientation as defined in s. 111.32 (13m), Wis. Stats., gender identity and/or gender expression,
or familial status, or by any representation(s) of whatsoever kind or nature to the effect that such
present or prospective entry will or may result in:
1. The lowering of real estate values in the area concerned;
2. A deterioration in the character of the area concerned;
3. An increase in criminal and antisocial behavior in the area concerned; or
4. A decline in the quality of the schools or other public facilities serving the
area.
C. No person may coerce, intimidate, threaten, or interfere with any person in the
exercise or enjoyment of any right granted or protected by this chapter, or with any person who
has aided or encouraged another person in the exercise or enjoyment of any right granted or
protected by this chapter.
ADOPTED: October 13, 2014 Motion by: Liebert
Second by: Bobzien
APPROVED: Councilmember Aye Nay Pass Absent
Bobzien X
Farrell X
Mark Freitag, City Mana Fitzgerald X
Kealy X
ATTEST: Liebert X
/ Marklein X
// 17)7) Severson X
Je Ann Wul , Clerk -Trea / 4 er
APPROVED AS TO FORM:
Tim Wellnitz, Assistant City Attorney
Proposed by: Council Members Liebert & Bobzien
Prepared by: Assistant City Attorney