City of Madison, Wisconsin | Legislative Information Center
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File #: 26158    Version: Name: Chapter 39
Type: Ordinance Status: Passed
File created: 4/24/2012 In control: EQUAL OPPORTUNITIES COMMISSION
On agenda: 5/1/2012 Final action: 9/4/2012
Enactment date: 9/14/2012 Enactment #: ORD-12-00108
Title: SUBSTITUTE Amending Sec. 39.03(1), creating Sec. 39.03(2)(ff), renumbering current Secs. 39.03(2)(ff) through (mm) to (gg) through (nn), amending renumbered Sec. 39.03(2)(jj) and (mm), and amending Sec. 39.03(4)(a), (c), and (d) of the Madison General Ordinances to update the City’s Equal Opportunities Ordinance pursuant to Wis. Stats. § 66.0104.
Sponsors: Michael E. Verveer
Attachments: 1. Version 1
Fiscal Note
No fiscal impact is anticipated.
Title
SUBSTITUTE Amending Sec. 39.03(1), creating Sec. 39.03(2)(ff), renumbering current Secs. 39.03(2)(ff) through (mm) to (gg) through (nn), amending renumbered Sec. 39.03(2)(jj) and (mm), and amending Sec. 39.03(4)(a), (c), and (d) of the Madison General Ordinances to update the City’s Equal Opportunities Ordinance pursuant to Wis. Stats. § 66.0104.
Body
DRAFTER'S ANALYSIS: These ordinance amendments will bring the City’s Equal Opportunities Ordinance in compliance with Wis. Stats. § 66.0104, which was created by 2011 Act 108. This statute prohibits municipalities from enacting ordinances that place limitations on residential landlords which prohibit a landlord from obtaining and using certain information with respect to a tenant or prospective tenant, which includes monthly household income, court records, including arrest and conviction records, and social security number. It also prohibits municipalities from limiting how far back in time a prospective tenant’s conviction record may be taken into account by a landlord. The statute also states if any city has any ordinance in effect on the effective date of the statute any ordinance that is inconsistent with the statute, the ordinance does not apply and may not be enforced. The receipt of Section 8 housing vouchers is being removed from the definition of “source of income” because State regulations as well case law make it clear that Section 8 vouchers do not constitute income. A separate protected class will be created for receipt of rental assistance.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (1) entitled “Declaration of Policy” of Section 39.03 entitled “Equal Opportunities Ordinance” of the Madison General Ordinances is amended to read as follows:
“(1) Declaration of Policy. The practice of providing equal opportunities in ...

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