212.4 Other discrimination

Federal Section 8 vouchers do not constitute a “lawful source of income” within the meaning of that phrase as it is used in the Wisconsin Open Housing Act. Knapp v. Eagle Property Mgmt. Corp., 54 F.3d 1272 (7th Cir. 1995).

Sec. IND 89.01(8), Wis. Adm. Code, is not an exclusive listing of what constitutes a “lawful source of income.” Section 8 rental assistance payments which are made to the landlord on behalf of a particular tenant are properly considered a source of income to that tenant. Eagle Property Mgmt. v. Wheeler (Dane Co. Cir. Ct., 09/26/94). [Ed. Note: Sec. 89.01(8), Wis. Admin. Code has been renumbered DWD 220.02(8), Wis. Admin. Code.]

A homosexual individual who had been evicted from his apartment failed to establish that the landlords had knowledge of his sexual orientation prior to evicting him or that their articulated reasons for evicting him, relating to repair of his apartment, were pre-textual. Raleigh v. Erickson (LIRC, 12/18/92).

An advertisement indicating, "prefer a Christian" indicates discrimination on the basis of religion in housing. Metro. Milwaukee Fair Hous. Council v. Goetsch (LIRC, 12/06/91).

The Complainant applied for an apartment advertised for rent by the Respondent. The Respondent was aware that the Complainant's income was derived from social security, although he did not know how much that income was. The Respondent declined to rent the apartment to the Complainant, stating that he preferred to rent it to "two working people." The Respondent violated the Wisconsin Open Housing Act by refusing to rent to the Complainant because of the Complainant's source of income. Fernandez-Tome v. Joseph (LIRC, 07/25/90).