Fair Housing Act Complaint - Wisconsin

WISCONSIN OPEN HOUSING COMPLAINT

1. CAPTION

STATE OF WISCONSIN CIRCUIT COURT, [____________________] COUNTY

Case No. [____________________]

Case Code: [42000 — Other: Civil / __________]

SUMMONS AND COMPLAINT — DISCRIMINATION IN HOUSING

1. Violation of the Wisconsin Open Housing Law (Wis. Stat. § 106.50);
2. Violation of the federal Fair Housing Act (42 U.S.C. §§ 3604, 3617); and
3. Failure to Provide Reasonable Accommodation / Modification (Wis. Stat. § 106.50(2r); 42 U.S.C. § 3604(f)).

JURY TRIAL DEMANDED

Plaintiff, by counsel, alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times was, a resident of [CITY, COUNTY], Wisconsin, and an aggrieved person within the meaning of Wis. Stat. § 106.50.

2.2. Defendant owner/landlord. Defendant [DEFENDANT] ("Defendant") is, and at all relevant times was, a [corporation / limited liability company / individual] that owns, operates, manages, or controls the housing at issue and is subject to Wis. Stat. § 106.50.

2.3. Individual Defendant. Defendant [INDIVIDUAL NAME] is, and at all relevant times was, a [manager / leasing agent / owner / employee] of Defendant acting within the course and scope of that agency, and is sued individually for his/her own discriminatory housing practices.

2.4. Doe Defendants. The true names and capacities of Defendants sued as Does 1 through 10 are presently unknown to Plaintiff, who will seek leave to amend when they are ascertained.

2.5. Subject property. The "housing" at issue is located at [PROPERTY ADDRESS] (the "Property").

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under Wis. Const. art. VII, § 8 and Wis. Stat. § 753.03 because the causes of action arise under Wisconsin law.

3.2. This Court has concurrent jurisdiction over the federal Fair Housing Act claims under 42 U.S.C. § 3613(a).

3.3. Venue is proper in [COUNTY] County under Wis. Stat. § 801.50 because the claim arose, and the Property is located, in this County.

3.4. Timeliness. This action is filed within one (1) year after the alleged discriminatory housing practice occurred or terminated, as required by Wis. Stat. § 106.50(6m)(a) for a direct civil action. The parallel federal claim is filed within two (2) years (42 U.S.C. § 3613(a)). [If an administrative complaint was filed first, see the Practice Notes regarding the effect on the civil-action deadline.]

4. FACTUAL ALLEGATIONS

4.1. Plaintiff is a member of one or more classes protected by the Wisconsin Open Housing Law. Wis. Stat. § 106.50(1) declares the policy that all persons shall have equal opportunity for housing regardless of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry.

4.2. On or about [DATE], Plaintiff [applied to rent / sought to purchase / resided at / inquired about] the Property.

4.3. Plaintiff is a member of the following protected class(es): [IDENTIFY — e.g., lawful source of income (Housing Choice Voucher/Section 8 or other subsidy/benefit), disability (________), sexual orientation, family status, marital status, age, status as a victim of domestic abuse/sexual assault/stalking].

4.4. Defendant engaged in one or more of the following discriminatory housing practices under Wis. Stat. § 106.50(2):

☐ Refusal to sell, rent, finance, or contract to construct housing; or refusal to negotiate or discuss the terms of such a transaction (Wis. Stat. § 106.50(2))
☐ Discrimination in the terms, conditions, or privileges of housing, or in services or facilities
☐ Discriminatory advertising, publication, or statement indicating a preference, limitation, or discrimination (Wis. Stat. § 106.50(2)(d))
☐ Representing that housing is unavailable for inspection, sale, or rental when in fact it is available
☐ Steering / inducing a transaction by neighborhood-composition representations (Wis. Stat. § 106.50(2)(e))
☐ Refusal to permit a reasonable modification of the premises (disability) (Wis. Stat. § 106.50(2r))
☐ Refusal to make a reasonable accommodation in rules, policies, practices, or services (disability) (Wis. Stat. § 106.50(2r))
☐ Harassment, including sexual harassment, or creation of a hostile housing environment (Wis. Stat. § 106.50(2)(f))
☐ Coercion, intimidation, threats, or interference with the exercise of fair-housing rights; or retaliation (Wis. Stat. § 106.50(2)(g))
☐ Lawful-source-of-income discrimination — refusing a Housing Choice Voucher/Section 8, Social Security, public assistance, or other lawful subsidy/benefit
☐ Other: [DESCRIBE]

4.5. Specifically, the following occurred:

• [SPECIFIC INCIDENT 1 — date, actor, what was said/done, witnesses];
• [SPECIFIC INCIDENT 2];
• [SPECIFIC INCIDENT 3].

4.6. [Comparator evidence: Similarly situated applicants or tenants outside Plaintiff's protected class were treated more favorably, including [DESCRIBE].]

4.7. [Disability allegations, if applicable:] Plaintiff has a disability within the meaning of Wis. Stat. § 106.50(1m) and 42 U.S.C. § 3602(h), specifically [DESCRIBE]. On or about [DATE], Plaintiff requested the following reasonable accommodation/modification: [DESCRIBE — e.g., assistance/service animal in a "no pets" building, accessible parking, grab bars]. Defendant [denied the request / failed to engage in the interactive process / imposed unreasonable conditions].

4.8. As a direct and proximate result of Defendant's conduct, Plaintiff suffered the damages described below, including out-of-pocket losses, loss of housing opportunity, and emotional distress.

5. COUNT I — WISCONSIN OPEN HOUSING LAW (Wis. Stat. § 106.50)

5.1. Plaintiff incorporates the preceding paragraphs.

5.2. Defendant's conduct constitutes one or more discriminatory housing practices prohibited by Wis. Stat. § 106.50(2) because of Plaintiff's [PROTECTED CLASS].

5.3. Defendant acted intentionally and/or its facially neutral policy had an unjustified discriminatory effect.

5.4. Plaintiff brings this claim under the civil-action provision of Wis. Stat. § 106.50(6m) and is entitled to all relief available thereunder, including injunctive relief, actual damages, punitive damages, court costs, and reasonable attorneys' fees.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. §§ 3604, 3617)

6.1. Plaintiff incorporates the preceding paragraphs.

6.2. Defendant's conduct violated 42 U.S.C. § 3604 by refusing to rent or sell, by making housing unavailable, and/or by discriminating in the terms, conditions, or privileges of housing because of Plaintiff's [race / color / religion / sex / familial status / national origin / disability].

6.3. Defendant further violated 42 U.S.C. § 3617 by coercing, intimidating, threatening, interfering with, or retaliating against Plaintiff for exercising rights protected by the federal Fair Housing Act.

6.4. This Count is timely under 42 U.S.C. § 3613(a). Plaintiff is entitled to actual and punitive damages, injunctive relief, and reasonable attorneys' fees and costs under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates the preceding paragraphs.

7.2. Plaintiff is a person with a disability under Wis. Stat. § 106.50(1m) and 42 U.S.C. § 3602(h).

7.3. Plaintiff requested a reasonable accommodation in rules, policies, practices, or services and/or a reasonable modification of the premises necessary to afford Plaintiff equal opportunity to use and enjoy the housing, and Defendant was required to consider the request.

7.4. The requested accommodation/modification was reasonable and necessary, and Defendant refused it in violation of Wis. Stat. § 106.50(2r) and 42 U.S.C. § 3604(f)(3)(A)-(B).

7.5. Plaintiff is entitled to actual and punitive damages, injunctive relief (including an order compelling the accommodation/modification), and attorneys' fees and costs.

8. DAMAGES

8.1. Actual/compensatory damages: out-of-pocket losses, higher rent or relocation costs, lost housing opportunity, and other pecuniary harm, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, and loss of dignity.

8.3. Punitive damages: Defendant acted with malice or in intentional disregard of Plaintiff's rights, warranting punitive damages. Punitive damages are available in a circuit court civil action under Wis. Stat. § 106.50(6m) and under 42 U.S.C. § 3613(c)(1); punitive damages are NOT available through the administrative-hearing process.

8.4. Attorneys' fees and costs: under Wis. Stat. § 106.50(6m) and 42 U.S.C. § 3613(c)(2).

8.5. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, jointly and severally, as follows:

• A. For actual and compensatory damages according to proof;
• B. For emotional-distress damages;
• C. For punitive damages;
• D. For a declaration that Defendants' conduct violated Wisconsin and federal fair-housing laws;
• E. For permanent injunctive relief, including an order to cease the discriminatory practices, to provide the requested accommodation/modification, and to adopt non-discriminatory policies and training;
• F. For court costs and reasonable attorneys' fees under all applicable fee-shifting statutes;
• G. For pre- and post-judgment interest; and
• H. For such other and further relief as the Court deems just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable pursuant to Wis. Stat. § 805.01, Wis. Const. art. I, § 5, and the Seventh Amendment to the United States Constitution.

11. VERIFICATION

I, [PLAINTIFF NAME], state under oath (or affirmation) that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the matters stated herein are true of my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

Signed at [CITY], Wisconsin, on [__/__/____].

[____________________]

[PLAINTIFF NAME]

Subscribed and sworn to before me on [__/__/____].

[____________________]

Notary Public, State of Wisconsin

My commission [expires / is permanent]: [__________]

12. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [____________________]

[ATTORNEY NAME], State Bar of Wisconsin No. [______]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I caused a true and correct copy of the foregoing Summons and Complaint to be served on the following by [method — personal service per Wis. Stat. § 801.11 / authenticated copy / electronic service]:

[SERVICE LIST WITH ADDRESSES]

[____________________]

[NAME / TITLE]

14. WISCONSIN PRACTICE NOTES

• Enforcing agency. The Wisconsin Department of Workforce Development, Equal Rights Division (DWD-ERD) administers and enforces the Open Housing Law, Wis. Stat. § 106.50. The U.S. Department of Housing and Urban Development (HUD) enforces the federal FHA. Local agencies (e.g., the Madison Department of Civil Rights / Dane County, the City of Milwaukee) may have broader ordinances and their own enforcement.
• Protected classes (broader than federal). Wis. Stat. § 106.50(1): sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age (18 and older), and ancestry. "Lawful source of income" includes subsidies and benefits such as Housing Choice Vouchers/Section 8, Social Security, SSI, public assistance, and unemployment compensation.
• Three enforcement routes. Under Wis. Stat. § 106.50(6) and (6m), an aggrieved person may (1) file a complaint with the DWD-ERD for investigation; (2) proceed through the administrative hearing process (with appeal to the Labor and Industry Review Commission (LIRC) and then to circuit court); OR (3) file a civil action directly in circuit court. Punitive damages are available ONLY in the circuit-court civil action, not after an administrative hearing.
• Limitations periods.
• Direct civil action in circuit court: 1 year after the discriminatory housing practice occurred or terminated, Wis. Stat. § 106.50(6m)(a).
• DWD-ERD administrative complaint: 1 year after the alleged discrimination, Wis. Stat. § 106.50(6)(a). Confirm tolling/effect on the civil-action deadline if an administrative complaint is filed first.
• Federal: 1 year to file a HUD administrative complaint (42 U.S.C. § 3610(a)); 2 years for a private federal court action (42 U.S.C. § 3613(a)).
• Remedies. A circuit-court civil action under Wis. Stat. § 106.50(6m) may award injunctive relief, actual damages, punitive damages, court costs, and reasonable attorneys' fees. Administrative remedies include cease-and-desist orders, make-whole relief, costs, attorneys' fees, training requirements, and forfeitures/fines, but NOT punitive damages.
• Sexual harassment. "Harassment" under Wis. Stat. § 106.50(2)(f) includes sexual harassment as defined in Wis. Stat. § 111.32(13); such conduct injures the tenant's dignity and civil rights and is compensable (see Chomicki v. Wittekind, 128 Wis. 2d 188 (Ct. App. 1985)).
• Removal exposure. Including the federal FHA count creates federal-question jurisdiction permitting removal under 28 U.S.C. § 1441. Consider pleading the Wis. Stat. § 106.50 count only to anchor in state court.

15. SOURCES AND REFERENCES

• Wis. Stat. § 106.50 (Open Housing Law) — https://docs.legis.wisconsin.gov/document/statutes/106.50
• DWD Equal Rights Division — Housing & Public Accommodations: Remedies at a Glance — https://dwd.wisconsin.gov/er/civilrights/housing/remedies.htm
• DWD Equal Rights Division — Fair Housing — https://dwd.wisconsin.gov/er/civilrights/housing/
• Chomicki v. Wittekind, 128 Wis. 2d 188, 381 N.W.2d 561 (Ct. App. 1985) (sexual harassment as housing discrimination)
• Kitten v. DWD, 2002 WI 54, 252 Wis. 2d 561 (defining disability under § 106.50)
• 42 U.S.C. § 3604 (federal FHA), § 3613 (private action), § 3617 (interference) — https://www.justice.gov/crt/fair-housing-act-2
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) (disparate impact under the FHA)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Wisconsin must review and customize this document before filing. Verify all statutory citations, limitations periods, and court rules before use.