Wisconsin tenant screening laws

A landlord may charge a prospective tenant the actual cost of a consumer credit report from a nationwide credit reporting agency, up to $25. Tell the applicant about the charge before you request the report, and give the applicant a copy of it (Wis. Stat. § 704.085(1)(a); Wis. Admin. Code § ATCP 134.05(4)(a)).

• You may not charge for a credit report if, before you request one, the applicant gives you a report from a nationwide agency that is less than 30 days old (Wis. Stat. § 704.085(1)(b); Wis. Admin. Code § ATCP 134.05(4)(b)).
• A background check fee, also the actual cost up to $25 with the same notice and copy, is allowed only for an applicant who is not a Wisconsin resident (Wis. Stat. § 704.085(2)).
• Any other payment for having an application considered is an earnest money deposit. It must be returned in full by the end of the next business day after you reject the application, the applicant withdraws before you accept, or you fail to approve it within 3 business days (or a later date the applicant agrees to in writing, no more than 21 days after you took the deposit) (Wis. Admin. Code § ATCP 134.02(3); Wis. Admin. Code § ATCP 134.05(2)(a)).
• If the approved applicant then declines to sign, you may keep only your actual costs and damages, and lost rent only after reasonable efforts to rerent, unless you significantly changed the terms you had disclosed (Wis. Admin. Code § ATCP 134.05(3)).
• Local governments may not limit a landlord's use of an applicant's income, occupation, rental history, credit information, public court records or proof of identity, or how far back you may look (Wis. Stat. § 66.0104(2)(a)).

Wisconsin's open housing law bars housing discrimination because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault or stalking, lawful source of income, age, or ancestry (Wis. Stat. § 106.50(1); Wis. Stat. § 106.50(1m)(h)).

• Prohibited acts include refusing to rent or negotiate, setting different terms, discriminatory advertising, refusing to renew, evicting or harassing a tenant, and falsely saying a unit is unavailable (Wis. Stat. § 106.50(2)).
• Family status includes pregnancy and a household with minor or adult relatives or children in the person's custody or care (Wis. Stat. § 106.50(1m)(k)).
• The law extends to owner-occupied single-family homes, subject to exemptions in parts of the law this page did not read (Wis. Stat. § 106.50(1)).
• An individually trained work or task animal is protected when the person has a disability and a related need for the animal. The state provision bars housing denial, eviction, harassment or extra compensation because of that qualifying animal. Follow the documentation limits: when the disability is readily apparent or known, request proof of the animal-related need only if that need is not apparent or known (Wis. Stat. 106.50(2r)(bg)1., 2.).
• Wisconsin separately protects an emotional support animal for a person with a disability-related need, even though the animal has no task training. The state provision permits reliable disability and need documentation from a licensed health professional, defined here as a professional licensed or certified in Wisconsin and acting within that credential's scope. The qualifying animal cannot be the reason for extra compensation, eviction, harassment or housing denial (Wis. Stat. 106.50(1m)(im), (mx), (2r)(br)1., 2.).
• The state animal provisions list grounds for refusal, including no qualifying disability or need, failure to provide properly requested documentation, undue financial and administrative burden, or a fundamental change to the services. A threat or substantial physical damage must concern the specific animal and must be unable to be reduced or eliminated through another reasonable accommodation. The resident remains responsible for the animal's sanitation and damage (Wis. Stat. 106.50(2r)(bg)3., 4., (br)3., 4.).