Three Wisconsin landlords have recently been charged with violating Fair Housing laws by the U.S. Department of Housing and Urban Development (HUD).
First, in late July, HUD announced that it charged a husband and wife who own a rental property in Brown County with violating the Fair Housing Act for allegedly creating
different rental requirements for a single mother and her son. The charge also alleges that the landlords’ lease agreement includes policies and rules restricting families with children.
Specifically, HUD’s complaint alleges that shortly after accepting a single mother’s rental application, the landlords added a new requirement that the single mother
promise to be present at home whenever her 17 year old son had visitors. The mother was unwilling to agree to this requirement and as a result the landlords refused to rent to her and her son. The landlord’s ended up renting the property to a family with no children. Additionally, it is alleged that the landlords’ lease agreement included clauses that are unduly burdensome on families with children, including a provision that says “no children are allowed to play in common areas of the building” and imposes
a $100 fine and eviction for violating said policy.
Second, on September 9, 2011, HUD charged a West Salem female landlord for violating Fair Housing laws by refusing to rent to a single mother because she did not have a man “to shovel the snow” for her. The landlord eventually rented the property to two men.
The rental property at issue is a home on a cattle farm and is located in a hollow. The landlord told the investigators that the winters there are “brutal” and a single mother could not handle the seclusion and the snow removal. The landlord went on to comment that it was “just common sense” to deny the applicant and then asked the investigator if he would allow his daughter to live alone with a child, a mile and a half from neighbors. Further inserting her foot into her mouth, the
landlord told the investigator, “[i]f she thinks I discriminated against her, I absolutely did.” The landlord continued to make matters worse by telling housing authorities that
she “never rents to single mothers, especially in the country,” and had no plans to change. She added that “single mothers are part of the country’s financial problems” today.
This case should be a “slam dunk” for HUD. The landlord would’ve greatly benefited from the assistance of counsel – although based on her comments she probably would not have listened to an attorney’s advice. Anyone care to wager on the outcome of this? I am expecting a rather large fine to be imposed.
Third, on September 26, 2011, HUD announced that it charged a La Crosse landlord and property manager with violating anti-discrimination laws for refusing to rent to an
African-American couple because of their race. It is alleged that the owner and property manager refused to show available apartments to the black couple. Additionally, they told the couple and other black applicants, that no rental units were available, while just minutes later they told white applicants of the available rental units and encouraged them to apply. This behavior allegedly occurred over a period of 2 months. Both black and white “testers” were sent to the property and confirmed that the black
testers were told no rental units were available while the white testers were told of open units and encouraged to apply.
Every day I hear of more and more landlords and property managers being charged with violating both federal and state Fair Housing laws. I wish that more landlords would take the time to educate themselves on these laws. Read some of my earlier posts on Fair Housing issues here, here and here.






#1 by Frances on October 4th, 2011
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Is it legal to set my own limit on the number of people to be living in the home, not discriminating against age? For example: I dont want more then 2 people in my unit, can I turn down an applicant with 2 adults and one child OR 1 adult and 2 children? Can I set a higher rent per person over 2 people?
Are there different laws for owner occupied, 2 family homes?
#2 by Tristan R. Pettit, Esq. on October 4th, 2011
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Frances — What you are asking about is commonly referred to as occupancy limits and is based often on the number od bedrooms and/or the square footage of the rental unit.
for instance, in federal section 8 site-based housing, there is an accupancy limit fo 2 persons per bedroom. In the city of Milwaukee, however there is a municiapl ordinance that bases the occupancy limit on the square fottage of the rental unit. So if a bedroom is quite small it may only have 1 person, or if the bedroom is quite large then possibly the limit could be 3 persons. Milwaukee also includes more than bedrooms when considering the occupancy limit.
So the answer to your question depends on what occupancy standard you are following and also how many bedrooms — or how large — your rental unit is.
I would assume that you would have some Fair Housing issues if you were to say only 2 people can live in a 2 bedroom or larger unit. It could be argued that such an occupancy limit is just a veiled attempt to keep out families with children.
I personally follow the federal occupancy standard of two persons per bedroom. I have also heard of other allowing 2 ersons per bedroom plus one.
Charging additional rent for the number of persons beyond 2 could also land you in hot water because that could also be argued that you are creating a disincentive for people that have children. I think the better option would be to determine what your occupancy limit is based on the federal guidelines or your local municipal ordinance and then not allow anyone over and above that limit to reside in the unit.
#3 by John H. (Dr. Rent) Fischer on October 4th, 2011
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something else to watch out for… when a landlord means well but…
if you are going to set occupancy standards per bedroom, not only do those standards need to be age neutral, they need to be gender neutral as well.
For example, if you allow two per bedroom and a family of four applies, mom – dad – 17 year old son – 15 year old daughter… that is not the best situation…
However, your standard is two per bedroom or 4 max, and they are coming with 4 people. How they are going to handle the kids sleeping arrangements is the parent’s issue to figure out.. that is not your call as a landlord, as well meaning as you might be.
(You may have tenants tell you that because of some type of government assistance, they need a 3 bedroom for 4 occupants because of gender issues like that… but then again the government rarely needs to follow the rules the establish for the rest of us)
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#4 by Nichole on December 29th, 2012
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Hello, I am hoping you could please clarify an issue for me. I am familiar with occupancy standards being based on the number of people and considering the square footage of the unit. However, I also know that Milwaukee may have this guideline to use, but it does not offer any specifics. I have an applicant who would like to take a one bedroom unit of 525 square feet and she has 3 children.
I automactically feel this would be overstepping occupancy standards, but to avoid any confusion I would like to confirm if my thoughts on this are accurate. Therefore, is it possible to please provide me with some feedback regarding the occupancy guidelines and if this situation would be too many occupants for the size of apartment they would like?
Also, I don’t know if this is an issue either or not, but the applicant was approved for a 2 bedroom a month ago, but they did not move forward with it until a couple of days ago when they put down an earnest deposit for the 1 bedroom. My assistant accepted the deposit and therefore, the application was not put the process again, and the applicant is expecting to move in on January 2nd. Now with this just being brought to my attention, would there be any problems changing the application to being denied after an earnest deposit was accepted on it AFTER the applicant was already told they were approved? FYI- WE DO NOT HAVE ANY 2 BEDROOM UNITS AVAILABLE.
I have never encountered 4 people wanting a 1 bedroom nor having the application and earnest deposit situation in this manner before, so I thank you again for any assistance you can provide me.
#5 by Tristan R. Pettit, Esq. on January 15th, 2013
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Nichole — You pose a great question. Unfortunately I cannot provide legal advice via this blog. Issues involving occupancy standards can be very fact specific as you well know. I would suggest that you contact an attorney to retain to assist you with your very specific questions.
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