Housing
When renting an apartment or buying a home, HIV-positive persons may sometimes encounter discrimination if they reveal their HIV status to a landlord or seller.
This section is about housing discrimination and eviction issues. 
Can a landlord/seller refuse to rent/sell to me because I am disabled with HIV symptoms?
Under federal, state, and some local laws, a landlord or seller may not do any of the following because a renter or buyer has a disability: - harass or evict a tenant;
- refuse to renew a lease;
- refuse to lease, rent, sell, finance, or contract to construct housing;
- ask a higher price for rental/purchase of housing or impose more stringent terms or conditions of rental/sale;
- refuse to sell or build on that property;
- advertise the property in such a way as to indicate discrimination; and
- ask a higher price or refuse to enter into a contract for hazard insurance.
A person is considered disabled if his or her physical or mental impairment substantially limits one or more major life activities. HIV/is considered a disability. Also, a landlord/seller cannot discriminate against you because you appear to be disabled, even if you are not legally disabled.
Can I be evicted even if I am living with HIV?
Yes. You may still be evicted from your apartment if you fail to meet the terms of the rental agreement (for example, if you fail to pay rent, cause frequent disturbances, etc). This includes housing specifically designated for individuals who are HIV positive. However, you may not be evicted because of your HIV status.
If a landlord evicts me, do I have to leave my apartment?
By law, a landlord cannot physically force you to leave your apartment. To legally evict you, the landlord must go to court. If the judge rules in favor of the landlord, the judge can issue a writ of restitution for the landlord which authorizes the sheriff to remove you from your apartment. See Wis. Stat. § 799.44 for more information. An eviction letter/notice from your landlord is NOT the same as an eviction order from a judge. If a landlord goes to court to evict you, you should receive a written notice informing you of the court date.
What is a reasonable housing accommodation and how can I get one?
A reasonable housing accommodation is a change in your apartment or lease at your request, in order to meet the demands of your HIV disability. Requests for bathtub rails, a ramp to allow wheelchair access, or a bigger apartment (if available) to accommodate a live-in nurse or attendant could be considered reasonable housing accommodations. To be considered reasonable, the request must not be an undue hardship on the landlord. See Wis. Stat. § 106.50(2r)(b) and 42 USC 3604 for more information.
Although you must ask your landlord for permission to make reasonable accommodations, your landlord does not have to finance the accommodation. Your landlord also can require you to return your apartment to its original condition at the end of your lease. It is best to get advice from an attorney before asking for reasonable accommodations (see Resources chapter for a list of legal services).
Do I need to disclose my HIV status to my landlord?
No, but there is one exception. If you request a reasonable housing accommodation from your landlord, be prepared to tell the landlord the nature of your disability. You may first ask your doctor to write a letter saying you are disabled, and how you are limited, without saying you are HIV-positive. Some public housing agencies have specific accommodation forms for tenants to use to request an accommodation. If the landlord says that the doctor’s note does not prove you are disabled, however, you may have to disclose your HIV status. A landlord cannot reveal your HIV status to anyone else without your written consent. (See Confidentiality chapter for more information).
Can I be evicted if I use illegal drugs for medicinal purposes?
Wisconsin law allows the landlord to evict a person if the residence is considered to be a drug nuisance. The residence can only be considered a drug nuisance if the property owner receives written notice from a law enforcement agency that a nuisance exists in the tenant's rental unit or was caused by that tenant on the property owner's property. See Wis. Stat. § 704.17(1)(c) for more information. The landlord may not evict you just because he suspects regular drug activity in your apartment.
In addition, your lease may allow your landlord to evict you if he catches you with illegal drugs on the rental property. It will be difficult for a landlord to prove this in an eviction hearing if the police did not arrest you with illegal drugs. Generally, if it is the first time you have violated your year lease, you will have a chance to “cure” the lease violation and avoid eviction. If you have previously violated your lease by possessing illegal drugs, or if you are on a month-to-month or week-to-week lease, you do not have to be given the opportunity to “cure” the lease violation. See Wis. Stat. § 704.17 for more information.
Can a landlord legally not renew my lease?
Yes, as long as the landlord is not renewing your lease based on your HIV-status or your membership in any other protected category. However, discrimination may be difficult to prove.
(The information contained in this chapter is current as of 2008. This information should not be considered legal advice and is part of HIV and Your Rights: A Legal Guide to Wisconsin, produced and edited by AIDS Network Legal Services.)
Last updated: March 2009 | 
