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STATE of WISCONSIN Fair Housing Plan

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STATE of WISCONSIN Fair Housing Plan STATE OF WISCONSIN Fair Housing Plan Update to the Analysis of Impediments to Fair 2015-2019 Consolidated Housing and Actions to Overcome Plan Them State of Wisconsin •Scott Walker, Governor Dept of Administration •Scott Neitzel, Secretary Division of Housing •Lisa Marks, Administrator Fair Housing Plan Table of Contents Table of Contents ..................................................................................................... i Abbreviations ........................................................................................................... iii INTRODUCTION | WHAT IS FAIR HOUSING? ........................................................ 1 Historical Overview .................................................................................................. 1 State Agency Contact .............................................................................................. 2 Purpose of the Plan ................................................................................................. 2 PART ONE | ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE ............ 3 Fair Housing Law Overview ..................................................................................... 3 Federal Fair Housing Act ....................................................................................... 3 Wisconsin Open Housing Law .............................................................................. 5 Protected Classes ................................................................................................. 6 Prohibited Discriminatory Actions in Wisconsin ..................................................... 8 Exemptions from Federal and State Fair Housing Law ....................................... 10 Comparison of Wisconsin and Federal Fair Housing Law ................................... 11 The State Law’s Lack of Equivalency with Federal Law ...................................... 12 Administration Enforcement and Complaints ....................................................... 13 Other Federal Laws ............................................................................................. 15 Demographic and Economic Characteristics ......................................................... 15 Fair Housing Implications .................................................................................... 15 Notes on Racial and Ethnic Categories ............................................................... 15 The State of Wisconsin in Context ...................................................................... 16 Racial Composition ............................................................................................. 17 Household Profiles .............................................................................................. 22 Homeownership .................................................................................................. 23 Age Distribution ................................................................................................... 25 Disability .............................................................................................................. 26 Income and Employment ..................................................................................... 27 Housing Supply Characteristics........................................................................... 31 Education ............................................................................................................ 34 Victims of Sexual Assault and Domestic Violence ............................................... 36 Discrimination in Wisconsin ................................................................................... 37 Extent of Discrimination ....................................................................................... 37 Housing Discrimination Complaint Data .............................................................. 39 State and Local Resources in the Arena of Fair Housing ...................................... 41 State Agency Activities ........................................................................................ 41 Local Resources ................................................................................................. 47 Page i Fair Housing Plan An Evaluation of Wisconsin’s Procedures, Policies and Practices in Relation to Fair Housing ................................................................................................................. 48 State Laws Relating to Fair Housing in Wisconsin .............................................. 48 Other Fair Housing Issues ................................................................................... 64 PART TWO | SUMMARY OF IMPEDIMENTS TO FAIR HOUSING CHOICE ......... 86 State and Federal Government-Related Impediments ........................................... 87 Lack of State Law’s Equivalence to Federal Law ................................................ 87 Local Land-Use Regulations ............................................................................... 87 Private Market Impediments .................................................................................. 88 Lack of Equal Housing Opportunity in the Mortgage Lending Market .................. 88 Accessible Housing Supply ................................................................................. 89 Substandard Housing and Overcrowded Housing Conditions ............................. 90 Language Barriers ............................................................................................... 90 PART THREE | ACTION PLAN / STRATEGIES TO OVERCOME BARRIERS TO FAIR HOUSING ................................................................................................................ 91 Lack of State Law’s Equivalence to Federal Law................................................... 91 Local Land Use Regulations .................................................................................. 92 Lack of Equal Housing Opportunity in the Mortgage Lending Market .................... 92 Predatory Lending Practices. .............................................................................. 92 Predatory Appraisals. .......................................................................................... 93 Housing Stock ....................................................................................................... 93 Language Barriers ................................................................................................. 94 Other Actions ......................................................................................................... 94 FAIR HOUSING PLAN APPENDICES .................................................................. 103 Appendix A: CDBG Entitlement and Non-Entitlement Areas ............................... 104 Appendix B: HOME Participating Jurisdictions, Consortia, and State Areas ........ 105 Appendix C: CDBG Housing Regions ................................................................. 106 Page ii Fair Housing Plan Abbreviations ADA Americans with Disabilities ARRA American Recovery and Reinvestment Act of 2009 BOCA Building Officials and Code Administrators CDBG Community Development Block Grant CFR Code of Federal Regulations CRF Consumer Rescue Funds DATCP Department of Agriculture, Trade, and Consumer Protection (State) DCF Department of Children and Families (State) DFI Department of Financial Institutions (State) DHS Department of Health Services (State) DOA Department of Administration (State) DIR Division of Intergovernmental Relations (State) DOH Division of Housing (State) DSPS Department of Safety and Professional Services (State) DVA Department of Veterans Affairs (State) DWD Department of Workforce Development (State) ERD Equal Rights Division (State) FIRREA Federal Institutions Reform, Recovery, and Enforcement Act FTC Federal Trade Commission HMDA Home Mortgage Disclosure Act HOEPA Home Ownership and Equity Protection Act HOPWA Housing Opportunities for Persons with AIDS HUD Housing and Urban Development, U.S. Department of IBC International Building Code ICC International Code Council LIHTC Low Income Housing Tax Credit MMFHC Metropolitan Milwaukee Fair Housing Council MSA Metropolitan Statistical Area NCRC National Community Reinvestment Coalition OCI Office of the Commissioner of Insurance (State) RESPA Real Estate Settlement Procedures Act TID Tax Incremental Districts TIF Tax Incremental Financing TILA Truth in Lending Act TTY Teletypewriters UFAS Uniform Federal Accessibility Standards USC United States Code WHEDA Wisconsin Housing and Economic Development Authority Page iii Fair Housing Plan Fair Housing Plan ANALYS IS OF IMPEDIMENTS TO FAIR HOUSING AND ACT I O N S TO OVERCOME THEM INTRODUCTION | WHAT IS FAIR HOUSING? Fair housing is the right to choose housing free from unlawful discrimination. Discrimination, in this sense, is any housing practice or action that is unlawful under Title VIII of the Civil Rights Act of 1968, as amended. Title VIII, commonly referred to as the Fair Housing Fair housing is having the choice to Act, specifically provides that “...no person live where you want to live and shall be subjected to discrimination because of race, color, religion, sex, where you can afford to live without handicap, familial status, or national origin the fear or threat of discrimination. in the sale, rental, or advertising of dwellings, in the provision of brokerage services, or in the availability of residential real estate-related
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