2019-774 FILE ORDINANCE NO. 2019-774
An ordinance repealing and recreating the Fair Housing Code with penalties for
violations thereof as set forth in JGO 16.04.050 C. 5 & 6 and 16.04.120
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Chapter 16.04. of the Code of General Ordinances of the City of Janesville
is hereby repealed and recreated to read as follows:
"Chapter 16.04 - FAIR HOUSING CODE
16.04.010 - Intent—Declaration of policy.
A. It is the express policy and intent of the City of Janesville ("City") to protect its
residents from discrimination in housing and to render discrimination in housing
unlawful. It is the declared policy of the City that all persons shall have an equal
opportunity for housing regardless of race, color, sex, national origin, religion,
disability/handicap, family/familial status, age, ancestry, marital status, lawful
source of income, sexual orientation; status as a victim of domestic abuse,
sexual assault, or stalking; or gender identity and/or gender expression.
B. It is the intent of the City to hereby create an administrative process to enforce
equal opportunity in housing for all residents of Janesville.
C. Furthermore, it is the intent of the City and this chapter to render discrimination in
housing unlawful, 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, Wis. Stats., §§ 66.1011 and 101.132, 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.
16.04.020 - Title—Fair Housing Code.
This chapter shall be known and may be referred to as the "Fair Housing Code"
and/or as the "Fair Housing Code of the City of Janesville."
16.04.030 - Definitions.
In this chapter, unless the context requires otherwise:
Advertise means to publish, circulate, issue, or display, or cause to be published,
circulated, issued, or displayed, any communication, notice, advertisement, or sign in
connection with the sale, financing, or rental of housing.
Age, in reference to a member of a protected class, means at least 18 years of age.
Complainant means any person who files a complaint alleging discrimination in
housing under this chapter.
Complaint means the written allegation of one or more violations of any provision of
this chapter, naming the alleged violator(s), filed with the Fair Housing Officer, and
otherwise completed and filed in accord with the time limit and other provisions set forth
in this chapter.
Disability means an actual or perceived physical or mental impairment that
substantially limits one or more major life activities, a record of having such an
impairment, or being regarded as having such an impairment. Disability does not
include the current illegal use of a controlled substance, as defined in Wis. Stat.
§961.01 (4), or a controlled substance analog, as defined in Wis. Stat. §961.01 (4m),
unless the individual is participating in a supervised drug rehabilitation program.
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, sex, national origin,
religion, disability/handicap, family/familial status, age, ancestry, marital status, lawful
source of income, sexual orientation; status as a victim of domestic abuse, sexual
assault, or stalking; or gender identity and/or gender expression.
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 residential, rental dwelling.
Emotional support animal means an animal that provides emotional support, well-
being, comfort, or companionship for an individual but that is not trained to perform
specific tasks directly related to the disability for the benefit of an individual with a
disability.
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.
Familial status means one or more individuals (who have not attained the age of 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. The
protections afforded against discrimination on the basis of familial status shall apply to
any person who is pregnant or is in the process of securing legal custody of any
individual who has not attained the age of 18 years.
Family status means any of the following conditions that apply to a person seeking
to rent or purchase housing or to a member or prospective member of the person's
household regardless of the person's marital status:
1. A person is pregnant.
2. A person is in the process of securing sole or joint legal custody, periods of
physical placement, or visitation rights of a minor child.
3. A person's household includes one or more minor or adult relatives.
4. A person's household includes one or more adults or minor children in his or
her legal custody or physical placement, or with whom he or she has visitation
rights.
5. A person's household includes one or more adults or minor children placed in
his or her care under a court order, under a guardianship, or with the written
permission of a parent or other person having legal custody of the adult or
minor child.
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.
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 Section 102 of the Controlled
Substances Act (21 U.S.C. 802) as from time to time amended).
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.
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.
Housing means any improved property, or any portion thereof, including a mobile
home, manufactured home, or condominium, that is used or occupied, or is intended,
arranged, or designed to be used or occupied, as a home or residence. Housing
includes any vacant land that is offered for sale or rent for the construction or location
thereon of any building, structure or portion thereof that is used or occupied, or is
intended, arranged or designed to be used or occupied, as a home or residence.
Housing for older persons means any of the following:
1. Housing provided under any state or federal program that is specifically
designed and operated to assist elderly persons, as defined in the state or
federal program.
2. Housing solely intended for, and solely occupied by, persons 62 years of age
or older.
3. Housing primarily intended and primarily operated for occupancy by at least
one person 55 years of age or older per dwelling unit.
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.
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.
Probable cause means the 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.
Respondent means the person accused in a complaint or amended complaint of
discrimination in housing and any other person identified in the course of an
investigation as allegedly having discriminated in housing.
Settlement agreement means the written resolution of the complaint and alleged
violation(s), 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, and/or providing compensation to
victims of unlawful discrimination.
Sexual orientation means having a preference for heterosexuality, homosexuality,
or bisexuality, having a history of such a preference, or being identified with such a
preference.
Single occupancy room means each and every room in a structure of five such
rooms or less which the owner has leased or rented, or in any way offered for lease or
rent, to a sole individuals, provided the owner permanently resides in the same
structure.
Status as a victim of domestic abuse, sexual assault, or stalking means the status
of a person who is seeking to rent or purchase housing, or of a member or prospective
member of the person's household having been, or being believed by the lessor or
seller of housing to be, a victim of domestic abuse, as defined in Wis. Stat. §.
813.12(1)(am), sexual assault under Wis. Stat. §. 940.225, 948.02, or 948.025, or
stalking under Wis. Stat. § 940.32.
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 a
home or residence upon such lot;
4. By advertising in a manner that indicates discrimination by a preference or
limitation;
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 a rental
housing, or engaging in the harassment of a tenant;
7. In providing the privileges, services, or facilities that are available in
connection with housing
8. By falsely representing that housing is unavailable for inspection, rental, or
sale;
9. By denying access to, or membership or participation in, a multiple listing
service or other real estate service;
10.By coercing, intimidating, threatening, or interfering with a person in the
exercise or enjoyment of, or on account of his or her having exercised or
enjoyed, a right granted or protected under this chapter, or with a person who
has aided or encouraged another person in the exercise or enjoyment of a
right granted or protected under this chapter;
11.In making available any of the following transactions, or in the terms or
conditions of such transactions, for a person whose business includes
engaging in residential real estate-related transactions:
a. The making or purchasing of loans or the provision of other financial
assistance for purchasing, constructing, improving, repairing, or
maintaining housing, or the making or purchasing of loans, or the
provisions of other financial assistance, secured by residential real
estate.
b. Selling, brokering, or appraising residential real property.
12.By otherwise making unavailable or denying housing.
B. Representations designed to induce panic sales. No person may induce or
attempt to induce a person to sell or rent housing by representations regarding
the present or prospective entry into the neighborhood of a person of a particular
economic status or a member of a protected class, or by representations to the
effect that such present or prospective entry will or may result in any of the
following:
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.
16.04.050 Discrimination against persons with disabilities prohibited.
A. Types of discrimination prohibited. In addition to discrimination prohibited under
section 16.04.040, no person may do any of the following:
1. Segregate, separate, exclude, or treat unequally in the sale or rental of, or
otherwise make unavailable or deny, housing to a buyer or renter because of
a disability of that buyer or renter, a disability of a person residing in or
intending to reside in that housing after it is sold, rented, or made available, or
a disability of a person associated with that buyer or renter.
2. Segregate, separate, exclude, or treat unequally a person in the terms,
conditions, or privileges of sale or rental of housing, or in the provision of
services or facilities in connection with such housing, because of a disability
of that person, a disability of a person residing in or intending to reside in that
housing after it is sold, rented, or made available, or a disability of a person
associated with that person.
3. Refuse to permit, at the expense of a person with a disability, reasonable
modifications of existing housing that is occupied, or is to be occupied, by
such a person if the modifications may be necessary to afford the person full
enjoyment of the housing, except that in the case of rental housing, the
landlord may, where it is reasonable to do so, condition permission for a
modification on the tenant's agreement to restore the interior of the housing to
the condition that existed before the modification, other than reasonable wear
and tear. The landlord may not increase any customarily required security
deposit. Where it is necessary to ensure that funds will be available to pay for
the restorations at the end of the tenancy, the landlord may negotiate as part
of a restoration agreement, a requirement that the tenant pay into an interest-
bearing escrow account, over a reasonable period, a reasonable amount of
money not to exceed the cost of the restorations. The interest in any such
account shall accrue to the benefit of the tenant. If escrowed funds are not
used by the landlord for restorations, they shall be returned to the tenant.
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4. Refuse to make reasonable accommodations in rules, policies, practices, or
services that are associated with the housing, when such accommodations
may be necessary to afford the person equal opportunity to use and enjoy
housing, unless the accommodation would impose an undue hardship on the
owner of the housing.
B. Animals that do work or perform tasks for individuals with disabilities.
1. If an individual has a disability and a disability-related need for an animal that
is individually trained to do work or perform tasks for the individual, it is
discrimination for a person to refuse to rent or sell housing to the individual,
cause the eviction of the individual from housing, require extra compensation
from the individual as a condition of continued residence in housing, or
engage in the harassment of the individual because he or she keeps such an
animal.
2. If an individual keeps or is seeking to keep an animal that is individually
trained to do work or perform tasks in housing, an owner, lessor, lessor's
agent, owner's agent, or representative of a condominium association may
request that the individual submit to the owner, lessor, agent, or
representative reliable documentation that the individual has a disability and
reliable documentation of the disability-related need for the animal, unless the
disability is readily apparent or known. If the disability is readily apparent or
known but the disability-related need for the animal is not, the individual may
be requested to submit reliable documentation of the disability-related need
for the animal.
3. An individual with a disability who keeps an animal that is individually trained
to do work or perform tasks in housing shall accept liability for sanitation with
respect to, and damage to the premises caused by, the animal.
4. Nothing in this subsection prohibits an owner, lessor, lessor's agent, owner's
agent, or representative of a condominium association from denying an
individual the ability to keep an animal in housing if any of the following
applies:
a. The individual is not disabled, does not have a disability-related need
for the animal, or fails to provide requested documentation.
b. Allowing the animal would impose an undue financial and
administrative burden or would fundamentally alter the nature of
services provided by the lessor, owner, or representative.
c. The specific animal in question poses a direct threat to a person's
health or safety that cannot be reduced or eliminated by another
reasonable accommodation.
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d. The specific animal in question would cause substantial physical
damage to a person's property that cannot be reduced or eliminated by
another reasonable accommodation.
C. Emotional support animals.
1. If an individual has a disability and a disability-related need for an emotional
support animal, it is discrimination for a person to refuse to rent or sell
housing to the individual, cause the eviction of the individual from housing,
require extra compensation from the individual as a condition of continued
residence in housing, or engage in the harassment of the individual because
he or she keeps such an animal.
2. If an individual keeps or is seeking to keep an emotional support animal in
housing, an owner, lessor, lessor's agent, owner's agent, or representative of
a condominium association may request that the individual submit to the
owner, lessor, agent, or representative reliable documentation that the
individual has a disability and reliable documentation of the disability-related
need for the emotional support animal from a licensed health professional.
3. An individual with a disability who keeps an emotional support animal in
housing shall accept liability for sanitation with respect to, and damage to the
premises caused by, the animal.
4. Nothing in this subsection prohibits an owner, lessor, lessor's agent, owner's
agent, or representative of a condominium association from denying an
individual the ability to keep an animal in housing if any of the following
applies:
a. The individual is not disabled, does not have a disability-related need
for the animal, or fails to provide requested documentation.
b. Allowing the animal would impose an undue financial and
administrative burden or would fundamentally alter the nature of
services provided by the lessor, owner, or representative.
c. The specific animal in question poses a direct threat to a person's
health or safety that cannot be reduced or eliminated by another
reasonable accommodation.
d. The specific animal in question would cause substantial physical
damage to a person's property that cannot be reduced or eliminated by
another reasonable accommodation.
5. An individual shall forfeit not less than $500 if he or she, for the purpose of
obtaining housing, intentionally misrepresents that he or she has a disability
or misrepresents the need for an emotional support animal to assist with his
or her disability.
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6. A licensed health professional shall forfeit not less than $500 if he or she, for
the purpose of allowing the patient to obtain housing, misrepresents that his
or her patient has a disability or misrepresents his or her patient's need for an
emotional support animal to assist with his or her patient's disability.
16.04.060 - Exemptions.
A. Nothing in this chapter shall prohibit familial status discrimination or
discrimination on the basis of age in relation to housing for older persons.
Housing may qualify as housing for older persons only if the owner of the
housing maintains records containing written verification that it meets the
required factors in Wis. Stat. § 106.50 (5m)(a).
B. Nothing in this chapter shall prohibit a person from exacting different or more
stringent terms or conditions for financing based on the age of the individual
applicant if the terms or conditions are reasonably related to the individual
applicant.
C. Nothing in this chapter shall prohibit the development of housing designed
specifically for persons with a handicap nor discrimination on the basis of
handicap in relation to such housing.
D. Nothing in this chapter requires that housing be made available to an individual
whose tenancy would constitute a direct threat to the safety of other tenants or
persons employed on the property or whose tenancy would result in substantial
physical damage to the property of others, if the risk of direct threat or damage
cannot be eliminated or sufficiently reduced through reasonable
accommodations. A claim that an individual's tenancy poses a direct threat or a
substantial risk of harm or damage must be evidenced by behavior by the
individual that caused harm or damage, that directly threatened harm or damage,
or that caused a reasonable fear of harm or damage to other tenants, persons
employed on the property, or the property. No claim that an individual's tenancy
would constitute a direct threat to the safety of other persons or would result in
substantial damage to property may be based on the tenant's status as a victim
of domestic abuse, sexual assault, or stalking.
E. It is not discrimination based on status as a victim of domestic abuse, sexual
assault, or stalking for a landlord to bring an action for eviction of a tenant based
on a violation of the rental agreement or of a statute that entitles the landlord to
possession of the premises, unless subd. 1. or 2. applies. A tenant has a defense
to an action for eviction brought by a landlord if the tenant proves by a
preponderance of the evidence that the landlord knew or should have known any
of the following:
1. That the tenant is a victim of domestic abuse, sexual assault, or stalking and
that the basis for the action for eviction is conduct that related to the
commission of domestic abuse, sexual assault, or stalking by a person who
was not the invited guest of the tenant.
2. That the tenant is a victim of domestic abuse, sexual assault, or stalking, that
the basis for the action for eviction is conduct that related to the commission
of domestic abuse, sexual assault, or stalking by a person who was the
invited guest of the tenant, and that the tenant has done one of the following:
a. Sought an injunction enjoining the person from appearing on the
premises.
b. Upon receiving notice under Wis Stat. § 704.17, provided a written
statement to the landlord indicating that the person will no longer be an
invited guest of the tenant and has not subsequently invited the person
to be a guest of the tenant.
F. Nothing in this subchapter shall prohibit a religious organization, association, or
society, or any nonprofit institution or organization operated, supervised or
controlled by or in conjunction with a religious organization, association, or
society, from limiting the sale, rental or occupancy of dwellings which it owns or
operates for other than a commercial purpose to persons of the same religion, or
from giving preference to such persons, unless membership in such religion is
restricted on account of race, color, or national origin. Nor shall anything in this
subchapter prohibit a private club not in fact open to the public, which as an
incident to its primary purpose or purposes provides lodgings which it owns or
operates for other than a commercial purpose, from limiting the rental or
occupancy of such lodgings to its members or from giving preference to its
members.
G. Nothing in this chapter shall limit the applicability of any reasonable local, state,
or federal restrictions regarding the maximum number of occupants permitted to
occupy a dwelling, structure, unit, or property.
16.04.065 - Retaliation or retaliatory discrimination prohibited.
A. It shall be unlawful to retaliate or discriminate against any person on account of
having inquired into or having claimed a violation of this article.
16.04.070 - Administration—Powers and duties.
A. The purposes and provisions of this chapter shall be administered by the Fair
Housing Officer, or his/her designee and enforcement and prosecutions handled
by the City Attorney.
B. In administering this chapter, the Fair Housing Officer shall have the power and
duty to:
1. Adopt, amend, and modify any and all administrative policies and procedures
as may, from time to time, be necessary, useful, helpful, or desirable in the
administration and/or enforcement of this chapter.
2. Appoint such number and types of employees, agents, and other staff as
may, from time to time, be necessary, useful, helpful, or desirable to promote
the purpose of this chapter and/or the administration and/or enforcement of
this chapter, and, from time to time, to prescribe their duties.
3. Receive and initiate complaints alleging violation of this chapter and to
attempt to eliminate or remedy any violation.
4. Investigate complaints alleging any prohibited discrimination and/or such
other violation(s) of any provision of this chapter and/or appoint one or more
investigators to gather facts, evidence, and information, and otherwise
investigate complaints.
5. Determine probable cause or appoint an independent hearing examiner to do
so. Dismiss complaints without probable cause. Pursue resolution of
complaints with probable cause.
6. Refer complaints to the Equal Rights Division (ERD) of the Wisconsin
Department of Workforce Development, the U.S. Equal Employment
Opportunity Commission (EEOC), the U.S. Department of Housing and Urban
Development (HUD) or the U.S. Department of Justice.
7. Seek settlement agreements and/ or appoint, one or more mediators who
shall seek a settlement agreeable to both the complainant and the respondent
by means of informal conferences or other meetings or means.
8. Refer settlement agreements to the City Attorney for approval as to form.
9. Refer non-settled complaints to the City Attorney for additional action.
10. Request that the City Attorney enforce settlement agreements or take other
appropriate or desirable action.
C. The Hearing Examiner may, in addition to all others conferred by law, have the
power and duty to:
1. Review the complaint and all other evidentiary and investigatory material
made available to him/her.
2. Interview the complainant and respondent, without limitation as to frequency
or reasonable manner.
3. Conduct one or more formal and/or informal hearings which may be
continued from time to time, and to subpoena the complainant(s),
respondent(s), and any and all other persons to testify therein and to
command the production and examination of any and all documents and
other evidence directly and/or indirectly pertaining to the complaint and/or the
alleged violation of any provision of this chapter; administer oaths, take and
record and/or arrange for the recording of testimony; and apply to a court of
competent jurisdiction to enforce any and all subpoenas and orders.
4. Within 120 days of being retained by the City and being assigned a
discrimination case for determination, render and serve upon the respondent,
complainant, and Fair Housing Officer, a written determination of whether
probable cause exists to believe that one or more provisions of this chapter
was, may be, or is being violated by one or more named persons and the
facts supporting such determination.
5. Issue recommendations and/or other reports, from time to time, to the
mediator, the Fair Housing Officer, and City Attorney, as are necessary,
helpful, useful, or desirable to promote the purposes and intent of this
chapter.
6. Refer to the City Attorney requests and recommendations to take necessary
and/or desirable legal and/or equitable relief and/or appropriate or desirable
action.
D. In mediating disputes, the Mediator may, in addition to all others conferred by
law, have the power and duty to:
1. Review the complaint and all other investigatory and evidentiary materials
and facts pertaining to that complaint.
2. Compel attendance by the respondent and the complainant at up to three
separate and/or joint mediation sessions each.
3. Persuade, mediate, conciliate, resolve, and/or settle the dispute, propose one
or more settlements and/or settlement agreements, and prepare same for
their signature.
4. File and serve signed settlement agreements as required by this chapter.
5. Declare an impasse in the mediation and refer those complaints for which a
settlement agreement has not been reached to the City Attorney for review
and prosecution.
6. Make such written and verbal recommendations and reports to the City
Attorney, the Fair Housing Officer, or such others as may be necessary,
useful, desirable, or appropriate to promote the purposes and intent of this
chapter.
E. In prosecuting and enforcing the provisions of this chapter, including but not
limited to the settlement agreements and prosecution of any violation of any
provision of this chapter by any person(s), the City Attorney shall be empowered,
in addition to each and every other authorization, empowerment, and discretion
otherwise conferred by law, with each and every power and authorization in law
and equity specifically conferred by this chapter.
16.04.080 - Complaint procedure—filing.
A. Complaint. Each and every complaint alleging any discriminatory practice
prohibited by this chapter or violation of any other provision of this chapter shall
be in writing, signed by the complainant(s), and filed by the complainant with the
Fair Housing Officer no later than one year, exclusive of the date of the alleged
discrimination or other alleged violation, after the complainant knew or should
have known that the alleged discrimination or other violation occurred. The City
shall have no jurisdiction or other authority to act upon any complaint not filed
within one year. The complaint shall contain the following:
1. The complete name, address, and contact information of the complainant(s).
It is the duty of the complainant to notify the Fair Housing Officer within thirty
days of any change hereto.
2. The complete name and address of the respondent(s), if available.
3. The characteristic, or protected class, the alleged discrimination or
discriminatory practice to alleged to be based upon.
4. A full and complete statement describing the essential facts of the allegation
of discrimination, discriminatory practice, or other violation of any provision of
this chapter, including relevant dates, times and places of alleged
discrimination and any witnesses to the alleged discrimination or
discriminatory practice.
5. A complaint may be withdrawn or amended in the following circumstances:
a. A complaint, or any part thereof, may be withdrawn or amended in
writing by the complainant(s) at any time, with the exception noted
in (c) below.
b. A complaint may also be withdrawn by the Fair Housing Officer in
the event that the Fair Housing Officer, after due diligence, cannot
locate the complainant. Notice of such withdrawal shall be served
upon the respondent and shall act as an adjudication and
determination upon the merits.
c. A complaint may be amended subsequent to its filing, provided
that, if a hearing to determine probably cause has been set and
notice issued by the Fair Housing Officer or Hearing Examiner, a
complaint may not be amended later than ten days prior to the date
of such a hearing unless express written permission is granted for
such later amendment by the Fair Housing Officer or Hearing
Examiner. Notice of such express permission and a copy of such
later amendment(s) shall be provided to the respondent prior to
said hearing.
B. Upon the filing of a lawful, timely, and otherwise proper complaint, the Fair
Housing Officer shall serve, by certified mail or otherwise as allowed by law, a
true and correct copy of same upon the respondent.
C. Removal to Circuit Court. Upon service of the complaint on both parties, any
party to the action may remove the complaint to Circuit Court at any time by
following the proper procedures for filing. Upon removal to Circuit Court, the City
will take no further action on the complaint.
16.04.090 - Complaint procedure—Investigation.
A. Investigations. The Fair Housing Officer or an investigator designated, appointed
and retained by the Fair Housing Officer shall promptly investigate all duly and
timely filed complaints and shall prepare a written report of all facts, statements,
and other evidence of whatsoever kind and nature discovered as a result of such
investigation.
B. All discrimination complaints involving the City of Janesville or Janesville Housing
Authority shall be referred to the Equal Rights Division (ERD) of the Wisconsin
Department of Workforce Development or the U.S. Equal Employment
Opportunity Commission (EEOC) or the U.S. Department of Housing and Urban
Development (HUD), whichever may have jurisdiction over the complaint and the
City shall take no action, but shall promptly refer the complaint to the ERD,
EEOC or HUD for appropriate actions provided by law. The complainant and
respondent shall be informed of all such referrals.
16.04.100 - Complaint procedure—Determination of probable cause.
A. Determination of probable cause. The Fair Housing Officer or a designated
Hearing Examiner shall review the complaint and the facts and reports of the
investigation and such other information as he or she may otherwise develop or
uncover through subpoena, hearing(s), or otherwise, and render a written
determination as to whether there is probable cause to believe that one or more
provisions of this chapter have, may be, or are being violated by one or more
named persons together with the facts supporting such determination.
B. The Fair Housing Officer or designated Hearing Examiner, as a part of his or her
review of the case, may conduct or cause to be conducted one or more hearings
at which the respondent, complainant, and others may be compelled to testify by
subpoena. The Hearing Examiner may also compel the production of any and all
other papers, records, information, testimony, and evidence of whatsoever kind
or nature directly and/or indirectly pertaining to the complaint and/or any
allegation contained therein or which the investigation may have revealed. In the
event a witness either fails or refuses to obey a subpoena issued by the Hearing
Examiner, the Hearing Examiner may order attendance or the production of
records and/or seek such relief through a court of competent jurisdiction as may
be provided by law.
16.04.110 - Mediation and conciliation—Notice of failure—Complainant requests
prosecution.
A. In the event that there is a determination of probable cause that one or more
provisions of this chapter have, may be, or are being violated by one or more
named persons together with the facts supporting such determination, the Fair
Housing Officer shall, within thirty days of the rendering of such determination,
seek a resolution or appoint a Mediator who shall attempt, by means including
but not limited to, conference, mediation, conciliation, and/or persuasion,
eliminate the alleged discriminatory practice and resolve the remaining issues
between the complaint and respondent arising under this chapter or other law.
B. All settlement agreements shall be in writing, filed with the Fair Housing Officer,
and otherwise as provided in this chapter.
C. In the event that, in the sole opinion of the Fair Housing Officer or Mediator,
efforts at settlement have failed to eliminate the discriminatory practice or other
violation alleged by the complainant or efforts at a voluntary mutual resolution of
the issues by the complainant and respondent have failed, the Mediator shall
promptly issue or cause to be issued a Notice of the Failure to Reach Agreement
and serve same upon the complainant, respondent, and Fair Housing Officer.
D. The complainant shall then have not more than 180 days after service of the
notice of failure to reach agreement within which to request, in writing filed with
the Fair Housing Officer, that the City Attorney review the complaint for the
purpose of commencing an ordinance violation forfeiture action against the
respondent.
16.04.115 – Violations – Appeals
A. Within thirty (30) days following the decision, the complainant or respondent may
appeal by certiorari to the Circuit Court of Rock County by filing a petition for
review.
16.04.120 - Violations—Remedies—Penalties
A. In addition to all other legal and equitable remedies available under this chapter
and otherwise at law, the City Attorney may apply for, and any court of
competent jurisdiction may issue and order, any and all legal and equitable
remedies, orders, and judgments necessary, proper, desirable, or applicable to
effectuate the purposes and intent of this chapter, including, but not limited to,
enforcement of the settlement agreement, cease and desist orders, injunctive,
and/or affirmative action(s) of whatever kind or nature by the respondent.
B. For a first violation within a five year period, in addition to any and all other legal
and equitable remedies available under this chapter and otherwise at law, any
person who violates any provision of this chapter or any lawful order issued here
under shall forfeit and pay not less than $100.00 nor more than $10,000.00. Each
day a violation continues shall constitute a separate offense.
C. For a second violation within a five year period, in addition to any and all other
legal and equitable remedies available under this chapter and otherwise at law,
any person who violates any provision of this chapter or any lawful order issued
here under shall forfeit and pay not less than $1,000.00 nor more than
$25,000.00. Each day a violation continues shall constitute a separate offense.
D. For a third and subsequent violation within a seven year period, in addition to any
and all other legal and equitable remedies available under this chapter and
otherwise at law, any person who violates any provision of this chapter or any
lawful order issued hereunder shall forfeit and pay not less than $1 ,000.00 nor
more than $50,000.00 each day a violation continues shall constitute a separate
offense.
16.04.130 - Liberal construction—Severability.
A. The provisions of this chapter shall be liberally construed in order to promote the
purposes and provisions contained herein.
B. The provisions of this chapter are severable and if any provision, sentence,
clause, section, or part thereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstance, such illegality, invalidity,
unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, sentences, clauses, sections, or parts of the chapter, or their
application to other persons or circumstances. It is hereby declared to be the
legislative intent that this chapter would have been adopted if such illegal, invalid,
unconstitutional, or inapplicable provision, sentence, clause, section, or part
thereof had not been included therein, and if the person or circumstances to
which the chapter, or any part thereof, is inapplicable and has been specifically
exempted therefrom.
16.04.140 - Cumulative effect.
This code is cumulative in its legal effect and is not in lieu of any and all other legal
remedies which the person aggrieved may pursue.
State Law reference— Local fair housing ordinances, Wis. Stat. § 66.1011; open
housing, Wis. Stat. § 160.50.
•
ti
ADOPTED: December 9, 2019 Motion by: Marklein
Second by: Williams
APPROVED: Councilmember Aye Nay Pass Absent
Benson X
Mark A. reitag, City Manager Conley X
ATT4e_ / / Farrell X
:
Gruber X
d T. Godek, Ci y Clerk-Treasurer Marklein X
APPROVED AS TO FORM: Williams X
Li Wolfe X
Tim Wellnitz, Assistant City Attorney
Proposed by:Neighborhood & Community
Services
Prepared by: Neighborhood & Community
Services