Guide: Wisconsin Fair Housing Complaint Process
Self-advocacy guide for people with disabilities on Wisconsin's housing discrimination complaint process.
This resource is intended as a general self-advocacy guide for people with disabilities and is not legal advice. For legal advice specific to your situation, please talk with an attorney.
Filing a Housing Discrimination Complaint in Wisconsin
If you believe a housing provider discriminated against you because of your disability, you may file a fair housing complaint with the Wisconsin Department of Workforce Development Equal Rights Division (ERD). This guide explains the complaint process and provides tips for navigating it on your own.
Step 1: File a Fair Housing Complaint
A complaint about disability discrimination in housing generally must be filed within one year after the discrimination happened or you learned about it.
To file a complaint, complete the ERD Fair Housing Complaint Form.
You may also submit a complaint online. You will need to create an account to use the online system.
If submitting the complaint by mail or fax, you can send it to one of the following offices:
Madison Office
Equal Rights Division
PO Box 8928
Madison, WI 53708
Fax: 608-267-4592
Phone: 608-266-6860
Milwaukee Office
Equal Rights Division
819 N. 6th St., Room 723
Milwaukee, WI 53203
Fax: 414-227-4084
Phone: 414-227-4384
Advocacy Tip
Complete the complaint form as fully as possible and sign it before submitting it. Keep a copy for your records. You may also want to contact ERD after submitting the complaint to confirm that it was received.
You may withdraw your complaint. If you decide to withdraw it, make your request in writing, sign it, and send it to ERD. Be aware that withdrawing a complaint may affect your ability to bring the complaint again.
What happens after you file?
ERD will review your complaint to determine whether:
You and the housing provider are covered by Wisconsin fair housing law.
Your complaint contains a claim ERD can address.
Your complaint was filed within the applicable time limit.
If your complaint does not meet the requirements, ERD may dismiss it. If your complaint is dismissed, review the dismissal notice carefully for information about your right to appeal and the deadline for doing so.
Step 2: ERD Investigation and Initial Determination
If your complaint meets the requirements, ERD may investigate the allegations. The investigation may include reviewing records and documents, visiting locations, or talking with people who have information about what happened.
It is important to respond to requests from ERD during the investigation. A complaint may be dismissed if you do not respond to certain requests within the required timeframe.
After the investigation, ERD will issue an Initial Determination stating whether there is probable cause to believe discrimination may have occurred.
If ERD finds probable cause, the case may move forward to the next stage.
If ERD finds no probable cause, the complaint will be dismissed. Review the decision carefully for information about requesting a Probable Cause Hearing and the deadline for doing so.
Mediation
ERD may offer an opportunity to resolve the complaint through mediation or conciliation. This process gives you and the housing provider an opportunity to try to reach an agreement without continuing through the entire complaint process.
If an agreement is reached, it should be put in writing.
Step 3: Charge of Discrimination
If probable cause is found, ERD may issue a charge of discrimination and the case may continue through the enforcement process.
Advocacy Tip
An ERD complaint is not necessarily the only way to address housing discrimination. Depending on your circumstances, court or other administrative options may also be available. Because filing deadlines and legal procedures can affect your options, consider talking with an attorney about which process is appropriate for your situation.
The Wisconsin Court System Small Claims Self-Help Center provides general information about Wisconsin small claims court.
Types of ERD Hearings
Probable Cause Hearing
A Probable Cause Hearing may occur if ERD finds no probable cause and you appeal that decision. An Administrative Law Judge (ALJ) determines whether there is probable cause for the complaint to move forward.
Merits Hearing
A Merits Hearing may occur after probable cause has been found. At this hearing, an Administrative Law Judge considers the evidence and determines whether the housing provider violated the law.
Step 4: Prepare for the Hearing
ERD will provide the parties with a Notice of Hearing containing important information such as the date, time, and location of the hearing. Read all notices carefully and pay close attention to deadlines.
Before the hearing, each side may have an opportunity to obtain relevant information and evidence from the other side through a process called discovery. Depending on the case, discovery can include requests for documents, written information, or testimony.
Advocacy Tip
Respond to discovery requests carefully and on time. Keep copies of information you send or receive. If you do not understand a request or believe a request is improper, consider seeking legal advice.
Before the hearing, you may also be required to provide a list of witnesses and copies of documents or other exhibits you intend to use. Follow the instructions and deadlines provided by ERD and the Administrative Law Judge.
An ERD hearing is a formal proceeding. The Administrative Law Judge manages the hearing, and both sides may have an opportunity to present evidence, question witnesses, and respond to the other side's evidence.
Attend your scheduled hearing and follow all instructions you receive from ERD or the Administrative Law Judge. Missing a hearing can result in dismissal of your complaint.
Step 5: Hearing Decision
After the hearing, the Administrative Law Judge will issue a written decision. Depending on the type of hearing and the findings, the decision may:
Dismiss the complaint.
Allow the complaint to move forward.
Find that the housing provider violated fair housing law and order appropriate relief.
Depending on the case, relief may include monetary damages or other remedies allowed by law.
If you disagree with the final decision, review the decision carefully. It should provide information about any available appeal rights and the deadline for filing an appeal.
