Section 220.04. Complaints.

 

(1)   Who may file complaints. A complaint may be filed by any person or by the person's duly authorized representative. A complaint filed by a representative shall state that the representative is authorized to file the complaint.

(2)   Persons against whom complaints may be filed. A complaint may be filed against any person alleged to be engaged or to have engaged in a discriminatory housing practice prohibited under the act.

(3)   Where to file complaints.

(a) A complaint may be filed in person with any division office, or it may be mailed or sent by facsimile transmission to one of the following division offices:

1. Equal Rights Division, 201 East Washington Avenue, Madison, WI 53702. Facsimile number: 608-267-4592.

2. Equal Rights Division, 819 North 6th Street, Milwaukee, WI 53203. Facsimile number: 414-227-4084.

(b) A complaint filed by facsimile transmission shall conform with the requirements of s. DWD 220.25 (1) .

(4)   Form and content of complaint. A complaint shall be written on a form which is available at any division office or on any other form acceptable to the department. Each complaint shall be signed by the person filing the complaint or by the person's duly authorized representative. The signature constitutes a certificate that the party or the representative has read the complaint; that to the best of that person's knowledge, information and belief the complaint is well-founded; and that the complaint is not being used for any improper purpose, such as to harass the party against whom the complaint is filed. Each complaint shall contain substantially the following information:

(a) The name and address of the complainant.

(b) The name and address of the known aggrieved persons, if different than the complainant.

(c) The name and address of the respondent.

(d) A description and the address of the dwelling which is involved.

(e) A concise statement of the essential facts, including pertinent dates, constituting the alleged discriminatory housing practice.

(5)   Date of filing of complaint. A complaint is filed when it is received by the department in a form that reasonably meets the standards of sub. (4) .

(6)   Date of filing of deferred complaint. A complaint which is deferred to the department by a federal or local fair housing agency with which the department has a worksharing agreement complies with the requirements of sub. (4) and is considered filed when received by the federal or local agency.

(7)   Amendment of complaint. Subject to the approval of the department, a complaint may be amended no later than 45 days before hearing unless good cause is shown for the failure to amend the complaint prior to that time. If the complaint is amended prior to the issuance of an initial determination, the department shall investigate the allegations of the amended complaint. If the complaint is amended after the case has been certified to hearing, the chief of the hearing section or the administrative law judge may remand the complaint to the investigation section to conduct an investigation and issue an initial determination as to whether probable cause exists to believe that discrimination has been committed as alleged in the amended complaint. An amended complaint shall be dismissed if it does not meet the requirements of s. DWD 220.05 (1) .

(8)   Withdrawal of complaint. A complaint may be withdrawn at any time. A request for withdrawal shall be in writing and shall be signed by the complainant or by the complainant's duly authorized representative or attorney of record. Upon the filing of a request for withdrawal, the department shall dismiss the complaint by written order. Such dismissal shall be with prejudice unless otherwise expressly stated in the order.

History: Cr. Register, September, 1994, No. 465 , eff. 10-1-94; CR 03-092 : am. (7) Register March 2004 No. 579 , eff. 4-1-04; CR 06-062 : am. (3) Register November 2006 No. 611 , eff. 12-1-06 .