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Tristan’s Landlord-Tenant Law Blog

Archive of: Protected Classes

HUD 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 ...

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You 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 ...

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Housing 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 ...

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I 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 ...

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Housing 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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Fair Housing - Part 3: Legal Reasons To Deny A Rental Applicant

Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes, Screening Tenants / Comments

From reviewing the analytics program that works in conjunction with my blog, I have learned that my two prior posts on fair housing/discrimination issues peaked a lot of interest which resulted in them being two of my most read posts to date.  My prior posts can be read here and here.  As a result I have decided to add another post related to Fair Housing issues.When I give seminars on ...

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FAIR HOUSING - PART 2: Interesting Statistics from HUD's 2008 Annual Report

Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes / Comments

I was recently reviewing the U.S. Department of Housing and Urban Development’s (HUD) Fiscal Year 2008 Annual Report on Fair Housing.  Not exactly beach reading but then the weather here in Milwaukee isn’t exactly conducive to going to the beach.HUD and its various Fair Housing Assistance Programs (FHAP) agencies handle all complaints regarding discrimination related to the federal protected classes.  To see a list if the 7 federal protected classes ...

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FAIR HOUSING - PART 1: What Are The Protected Classes?

Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Protected Classes, Screening Tenants / Comments

A large part of my law practice is meeting with and consulting with landlords and management companies with regard to how to avoid trouble. This would include assisting them with the drafting of rental documents and guiding them on the proper notice to use when terminating a tenancy. It also includes consulting with clients with regard to fair housing / discrimination issues.I enjoy this consulting work as it typically occurs ...

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NEW LEGISLATION TO MAKE VICTIMS OF ABUSE A NEW PROTECTED CLASS

Posted by Tristan R. Pettit, Esq. in Fair Housing / Discrimination, Legislation, Protected Classes / Comments

On May 14, 2009, Wisconsin Senator Spencer Coggs along with 7 other state senators introduced 2009 Senate Bill 204 entitled the "Victim Fair Housing Act."This bill will prohibit discrimination in housing on the basis of a person's status as a victim of domestic abuse, sexual assault, or stalking. The bill also prohibits the owner of housing from requiring that a rental applicant supply information concerning the person's status as ...

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