Wisconsin Real Estate Broker Exam — All Questions

Which of the following is a protected class under Wisconsin's open housing law, Wis. Stat. § 106.50, but not under the federal Fair Housing Act?

• a.Lawful source of income✓
• b.Familial or family status
• c.Religion or national origin
• d.Physical or mental disability

Section 106.50 (1m) (nm) defines a member of a protected class by reference to sex, race, color, disability, sexual orientation, 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. The federal Fair Housing Act covers race, color, religion, sex, familial status, national origin and disability, so lawful source of income is protected in Wisconsin and not federally, as are marital status, sexual orientation, age, ancestry and victim status. Wisconsin Statute § 452.23 (1) bars a licensee from disclosing any information whose disclosure would be unlawful discrimination under § 106.50 or under 42 USC 3604, 3605, 3606 or 3617.

Under Wis. Stat. § 106.50 (1m) (am), "age" as a protected class in Wisconsin's open housing law means:

• a.at least 40 years of age
• b.at least 18 years of age✓
• c.at least 55 years of age
• d.at least 62 years of age

Paragraph (1m) (am) provides that "'Age', in reference to a member of a protected class, means at least 18 years of age." The 55 and 62 figures appear elsewhere in the same section, in the definition of housing for older persons under § 106.50 (1m) (m): housing solely intended for and solely occupied by persons 62 or older, or housing primarily intended and primarily operated for occupancy by at least one person 55 or older per dwelling unit. The 40-year threshold belongs to federal employment law, not to housing.

Under 40 CFR 745.103, "target housing" for the federal lead-based paint disclosure rule means housing constructed before 1978, except housing for the elderly or persons with disabilities and:

• a.any dwelling that has been completely repainted since the year 1978
• b.any rental unit leased for a term of longer than one full year
• c.any building containing more than four separate dwelling units
• d.any 0-bedroom dwelling, unless a child under 6 will reside there✓

The definition reads: "Target housing means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling (unless any child who is less than 6 years of age resides or is expected to reside in such housing)." A 0-bedroom dwelling is defined as one where the living area is not separated from the sleeping area, including efficiencies, studios, dormitory housing, military barracks and rentals of individual rooms. Repainting, unit count and lease length do not change the classification, though 40 CFR 745.101 does exempt foreclosure sales, certified lead-free leases, short-term leases of 100 days or less with no renewal, and certain lease renewals.

Before a purchaser is obligated under a contract to purchase target housing, 40 CFR 745.110 (a) requires the seller to permit a period to conduct a risk assessment or inspection, unless the parties mutually agree in writing on a different period. That period is:

• a.15 days
• b.10 days✓
• c.5 days
• d.30 days

Paragraph (a) requires the seller to "permit the purchaser a 10-day period (unless the parties mutually agree, in writing, upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards." Paragraph (b) lets the purchaser waive the opportunity by so indicating in writing, and 40 CFR 745.113 (a) (5) requires the contract attachment to record whether the purchaser received or waived it. There is no corresponding evaluation period for lessees; 40 CFR 745.110 applies to purchasers only.