Cal. Civ. Code § DWD 220.06
Testing.
Operative Text
DWD 220.06 Testing. (1) Conditions under which testing may be done by the department. The department may engage in testing for the purpose of establishing violations of s. 106.50 (2), (2m) or (2r), Stats. by verifying allegations of unlawful housing discrimination or to determine whether sufficient evidence exists to initiate its own complaint. Testing may occur under circumstances including but not limited to the following: (a) Where no other means exits for verifying or refuting the allegations contained in a complaint, or where the findings of the investigator would be significantly strengthened by the inclusion of test results. (b) Where the number or content of complaints against a specific respondent is sufficient to indicate that a pattern of unlawful discrimination may exist. (c) Where demographic statistics would lead a reasonable person to believe that a pattern of unlawful discrimination exists in a particular geographical area. (2) Testing procedures. Any person engaged in testing for the department shall do so only after having specific authorization by the department. The results of each test for potential discrimination shall be submitted to the department in written form by those persons who conducted the test. (3) Notice of testing. The department may not give notice of testing to the person who shall be tested. If the testing is undertaken as the result of a complaint naming a specific respondent, the department shall delay sending the notice of the complaint to the respondent until after the completion of the testing.
Wisconsin Administrative Code § DWD 220.06 authorizes the Wisconsin Department of Workforce Development (DWD) to conduct undercover testing to detect unlawful housing discrimination under Wis. Stat. § 106.50. Testing may be initiated to verify a specific complaint, to investigate a pattern of discrimination by a particular housing provider, or to examine demographic trends suggesting systemic discrimination in a geographic area. The rule also establishes that testing must be formally authorized, results must be submitted in writing, and the subject of a test is not entitled to advance notice — and if a complaint is pending, notice to the respondent may be delayed until testing concludes.
Plain English — not legal advice.
Under § DWD 220.06, housing providers in Wisconsin should be aware that the DWD is permitted to deploy trained testers — individuals posing as prospective tenants — without any prior warning to verify whether discriminatory practices are occurring. Operators who follow consistent, documented, and non-discriminatory criteria when responding to housing inquiries and applications are generally better positioned to demonstrate compliance if test results are reviewed. Because the rule explicitly allows testing to be triggered by complaint patterns or demographic data, operators managing multiple units or properties across a geographic area may be subject to this investigative tool even absent a single formal complaint.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § DWD 220.06 gives the DWD a proactive investigative tool — undercover testing — that can be used to support a discrimination complaint a tenant has already filed or to uncover broader patterns of unlawful housing discrimination under Wis. Stat. § 106.50. If you believe you have experienced housing discrimination, filing a complaint with the DWD can potentially trigger testing that strengthens the evidentiary record, since the rule allows testing where other means of verification are limited. Tenants who want to understand their rights or explore enforcement options may also benefit from contacting a local fair housing organization or tenant-rights group familiar with Wisconsin's administrative complaint process.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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Rules and statutes that cite this regulation