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An Equal Rights Division Communication
Hidden disabilities and Wisconsin Fair Housing Law
Wisconsin Fair Housing Law makes it unlawful to discriminate against someone in the rental or purchase of housing because of that person's disability. The law applies to landlords, property owners, and financial institutions in a variety of situations, including when an individual's disability is hidden.
 Hidden disabilities are disabilities
Wisconsin Fair Housing Law defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Not all disabilities are apparent. Mental health conditions, autoimmune diseases, and sensory and processing difficulties are examples of disabilities that may not be visible. However, those hidden disabilities may still substantially limit a person's daily activities.
Recognize discrimination when it happens
Not all instances of discrimination are obvious, so it is important to recognize it when it happens. Some examples of housing discrimination are:
- Refusing to rent or negotiate with someone for the rental or sale of a dwelling.
- Failing to renew a lease or lying about the availability of a dwelling.
- Applying different terms or rental conditions.
- Providing different rental privileges or services.
- Not allowing a person with a disability to make reasonable modifications to the unit.
- Applying different rental or mortgage application standards or fees.
- Harassing or interfering with a person's quiet enjoyment of a dwelling.
- Steering persons to certain units or buildings within an apartment complex.
Your rights and responsibilities as a renter or landlord
People with disabilities are entitled to reasonable accommodations in rules, policies, or services associated with their housing and may make necessary modifications to their rental properties at their own expense. A renter has a responsibility to restore the rental housing to its original condition at the end of their lease.
A landlord may request documentation from a tenant's licensed health professional to show the need for an emotional support animal if the tenant's disability is not readily apparent. Under the law, a tenant may be denied their request for accommodation of an animal if they fail to provide the documentation or if the animal would cause substantial physical damage, risk to health or safety, or an undue financial hardship to the landlord.
Know Your Rights
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Disability discrimination in housing is unlawful. Even if an individual's disability is not apparent, landlords, property owners, and financial institutions cannot discriminate against someone in rental housing, apartments, condominiums, manufactured homes, or the sale and financing of housing based on that person's apparent or hidden disability.
If you believe you have been discriminated against in housing because of your disability, the Equal Rights Division is available to provide you more information.
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Resources
Questions?
Contact the Equal Rights Division.
Phone: 608-266-6860 Madison or 414-227-4384 Milwaukee
Email: erinfo@dwd.wisconsin.gov
Website: https://dwd.wisconsin.gov/er/
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