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A Wisconsin landlord has a policy requiring all applicants to show income equal to three times the monthly rent. A prospective tenant who receives a combination of part-time wages and a housing assistance voucher meets the three-times income threshold when both sources are combined, but the landlord refuses to count the voucher toward the income calculation. The tenant files a complaint under Wisconsin Chapter 106. Which of the following best describes the likely outcome?

Correct Answer

C) The tenant will likely prevail because refusing to count voucher income effectively discriminates based on lawful source of income under Wisconsin Chapter 106.

Wisconsin Statutes Chapter 106 protects 'lawful source of income' as a class, which includes housing assistance vouchers. When a landlord refuses to count voucher income in an income calculation — even while applying a facially neutral income threshold — this effectively discriminates against the tenant based on their lawful source of income. The policy creates a disparate barrier for voucher holders and constitutes a violation of Wisconsin Chapter 106's lawful source of income protection.

Answer Options
A
The landlord will likely prevail because a three-times income requirement is a standard and facially neutral rental criterion.
B
The landlord will likely prevail because voucher income cannot be legally required to be counted under Wisconsin law.
C
The tenant will likely prevail because refusing to count voucher income effectively discriminates based on lawful source of income under Wisconsin Chapter 106.
D
The tenant will likely prevail only if the landlord also violated the federal Fair Housing Act's familial status protection.

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Related Topics & Key Terms

Key Terms:

fair_housinglawful_source_of_incomeprotected_classeswisconsin_chapter_106voucher_incomedisparate_impactexpert_trap

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