Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: Protected Classes
GUEST POST: Wisconsin Rental Income Standards and Section 8 Rent Vouchers
Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes, Screening Tenants, Section 8 / Rent Assistance / Vouchers / Comments
Guest post from Tim Ballering - justalandlord.com~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ From a Fair Housing perspective, you probably must account in some manner for the value of the Section 8 payment when calculating an income multiplier guideline. I’ve read of the argument made in other jurisdictions that if an owner is using a rent multiplier, that it should be on net rent to the tenant. This is probably not a workable answer for either tenant ...
Read MorePart 2: Landlords Can Be Liable for the Discriminatory Acts of Their Tenants
Posted by Tristan R. Pettit, Esq. in Caselaw, Fair Housing / Discrimination, Protected Classes, Landlord Liability / Comments
I received an email from a reader regarding my last post about the Wetzel case. The reader essentially asked me what a landlord could do to make sure that they do not become liable for the discriminatory acts of their tenants like what happened to the landlord in the Wetzel case. While I cannot give legal advice (i.e. applying the law to a certain set of facts) via this blog, I ...
Read MoreLandlords Can Be Liable for the Discriminatory Acts of Their Tenants
Posted by Tristan R. Pettit, Esq. in Caselaw, Fair Housing / Discrimination, Protected Classes, Landlord Liability / Comments
Perhaps one of the most important cases to be published in 2018 affecting landlord-tenant law was the Seventh Circuit Court of Appeals case of Wetzel v. Glen St. Andrew Living Community, LLC, 2018 WI 4057365 (7th Cir. Aug 27, 2018). In the Wetzel case the Seventh Circuit (which includes Wisconsin) held that a landlord may be liable under the Fair Housing Act (FHA) for failing to protect a tenant from ...
Read MoreMilwaukee County Passes Ordinance Making "Receipt of Rental or Housing Assistance" A Protected Class
Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes, Section 8 / Rent Assistance / Vouchers / Comments
On June 21, 2018 the Milwaukee County Board of Supervisors passed a county ordinance amending Chapter 107 of the County Code of Ordinances (which deals with Fair Housing) adding "receipt of rental or housing assistance" as a protected class. The ordinance went into effect as of July 19, 2018. The Milwaukee County's Office of Corporation Counsel shall be responsible for enforcement. The revised ordinance defines "receipt of rental or housing assistance" ...
Read MoreMilwaukee County Proposes A New Protected Class in Housing - "Receipt of Rental or Housing Assistance"
Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Legislation, Protected Classes, Milwaukee County / Comments
Milwaukee County Supervisor Maria Dimitrijevec is sponsoring a resolution to amend the Milwaukee County Code of General Ordinances related to Fair Housing to include a new protected class - the "receipt of rental or housing assistance." The resolution has been referred to the Economic Development Committee and may be scheduled to be discussed at the committee's meeting on March 12, 2018 at 9 AM.If passed, this resolution ...
Read MoreHUD Issues New Rule On "Discriminatory Effect" a.k.a Disparate Impact
Posted by Tristan R. Pettit, Esq. in AASEW, Fair Housing / Discrimination, Legislation, Protected Classes, Screening Tenants / Comments
HUD has issued a new Fair Housing “disparate impact” rule that may cause problems for landlords during the screening process. The new rule creates a new provision entitled “Prohibiting Discriminatory Effects” which defines “discriminatory effect” as situations in which a facially neutral (i.e. not discriminatory) housing practice can become discriminatory if it actually or predictably has an effect on a group of persons that are members of a protected ...
Read MoreYou Will Not Want To Miss AASEW's Fourth Annual Landlord Boot Camp on Saturday Feb. 25th
Posted by Tristan R. Pettit, Esq. in Tenant Damage, Credit Checks, AASEW, Lead-Based Paint, Fair Housing / Discrimination, Protected Classes, Evictions, Late Fees, Notices, Collections, Emergency Assistance, City of Milwaukee, Screening Tenants, Rental Agreements, Rental Documents, Seminars, Pets, Security Deposit, Milwaukee County, Property Management, Mitigation of Damages / Re-Renting, Untenantability, Execution of Writ, State of Wisconsin, Self-Help Evictions, Right of Entry, Reasonable Modifications, Reasonable Accommodations, Rejecting Rental Applicants, Walkthroughs, De Novo Hearings, Earnest Money, Landlord Liability, Small Claims Court, Holdover Damages, Roommates, Smoke Detectors / Comments
Landlording can be pretty complex, with a seemingly never ending myriad of paperwork, rules, landlord-tenant laws and simple mistakes that can cost you thousands of dollars.The Apartment Association of Southeastern Wisconsin's Fourth Annual “Landlord Boot Camp” can help you navigate these treacherous waters and teach you how to run your properties with greater profit and less hassles.I have given similar landlord-tenant law seminars to fellow attorneys, landlords, and property manager ...
Read MoreHousing Discrimination: What Actions Are Covered?
Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes / Comments
There are federal, state and municipal laws that make discrimination in the area of housing illegal. The breadth of fair housing laws is vast and landlords should educate themselves on just what actions may be discriminatory before they get themselves into trouble.I have previously blogged about what the various protected classes are but this post will focus on what actions may be considered to be discriminatory if they are solely ...
Read MoreI Discovered A Really Informative Blog Devoted To Fair Housing Issues
Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes / Comments
This past weekend I was trying to think of some ways to add some variety and fun to Tristan's Landlord-Tenant Law Blog. While I feel that my blog is informative and helpful I wish that I could make it more fun. Toward that end I decided that I would spend some time trying some new types of blog posts in the future -- a list post (i.e. Top Ten Reasons ...
Read MoreHousing Choice Vouchers (Section 8 Rent Assistance) Are Not A "Lawful Source of Income" In Wisconsin
Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes, Screening Tenants / Comments
I am often asked whether or not a landlord is able to legally decline to rent to a tenant that is receiving "rent assistance." I believe that the primary reason that landlords are unsure of the answer to this question is because Wisconsin's Open Housing Act (Sec. 106.50, Wis. Stats.) prohibits a landlord from discriminating against a tenant or a prospective tennat based on their "lawful source of income." For more information on Wisconsin's protected ...
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