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A landlord in Racine, Wisconsin has a policy of not renting to anyone who has a protective order on file, reasoning that such tenants might attract dangerous individuals to the property. A woman with a protective order against her ex-husband is denied a rental unit. She files a complaint under Wisconsin Chapter 106. The landlord argues his policy is a neutral safety rule that applies to everyone equally. Which of the following best describes the likely outcome?

Correct Answer

B) The woman will likely prevail because Wisconsin Chapter 106 protects victims of domestic abuse, and the policy effectively screens out this protected class.

Wisconsin Statutes Chapter 106 protects 'status as a victim of domestic abuse, sexual assault, or stalking' as a housing class. A policy that screens out applicants with protective orders disproportionately and directly impacts victims of domestic abuse — a protected class — regardless of how the policy is framed. Even a facially neutral policy that has a discriminatory effect on a protected class can constitute a fair housing violation under Wisconsin law.

Answer Options
A
The landlord will likely prevail because a neutral safety policy that applies to all applicants equally does not constitute illegal discrimination.
B
The woman will likely prevail because Wisconsin Chapter 106 protects victims of domestic abuse, and the policy effectively screens out this protected class.
C
The woman will likely prevail only if she can show the policy was specifically designed to exclude domestic abuse victims.
D
The landlord will likely prevail because protective orders are public court records, not a protected housing characteristic.

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Related Topics & Key Terms

Key Terms:

fair_housingdomestic_abuse_victimprotected_classeswisconsin_chapter_106disparate_impactneutral_policy

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