Cal. Civ. Code § DWD 220.11
Charge of discrimination.
Operative Text
DWD 220.11 Charge of discrimination. (1) When charge shall be issued. If the department makes an initial determination that there is probable cause to believe that housing discrimination occurred as alleged in the complaint, or if it issues a decision finding probable cause after a hearing, it shall issue a charge on behalf of the complainant and shall refer the charge to the attorney general as required by s. 106.50 (6) (c) 2., Stats. The charge may be incorporated into an initial determination finding probable cause under s. DWD 220.08 (2) or into a decision of an administrative law judge finding probable cause under s. DWD 220.23 (1). (2) Exception if civil trial has commenced. The department shall not issue a charge under this section if it has been informed, in writing, that an aggrieved person has commenced a civil action in court under the federal fair housing act, 42 USC 3613, or the Wisconsin open housing law, s. 106.50 (6m), Stats., seeking relief with respect to the alleged discriminatory housing practice, and that the trial in the action has begun. If a charge may not be issued because of the commencement of such a trial, the department shall dismiss the complaint. The department shall notify the parties of the dismissal of the complaint by first class mail.
Under Wis. Admin. Code § DWD 220.11, when Wisconsin's Department of Workforce Development (DWD) finds probable cause that housing discrimination occurred—either through an initial determination or after an administrative hearing—it must issue a formal charge and refer the matter to the state attorney general. However, if a civil trial under the federal Fair Housing Act or Wisconsin's Open Housing Law has already begun in court, the department is barred from issuing that charge and must instead dismiss the administrative complaint, notifying all parties by first-class mail. This provision coordinates the administrative enforcement process with parallel court proceedings to prevent duplicative proceedings.
Plain English — not legal advice.
Property owners and managers subject to a housing discrimination complaint should be aware that under § DWD 220.11, a probable cause finding by the DWD triggers a formal charge and referral to the attorney general—escalating the matter beyond the department's internal process. Operators generally maintain thorough documentation of their rental policies and decisions so they are prepared if a complaint advances to this stage. If a civil trial under the federal Fair Housing Act or Wisconsin's Open Housing Law has commenced, the administrative complaint track under § DWD 220.11 closes, and parties receive written notice of dismissal.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § DWD 220.11, if the DWD finds probable cause that housing discrimination occurred, it issues a formal charge on the complainant's behalf and refers it to the Wisconsin attorney general, advancing the case toward potential relief. Tenants and other aggrieved persons should be aware that pursuing a civil trial in court under the federal Fair Housing Act or Wisconsin's Open Housing Law can affect this administrative pathway—once that trial begins, the department must dismiss the administrative complaint. Those navigating these options may find it helpful to consult a tenant-rights organization or legal aid office familiar with Wisconsin open housing law to understand how the two tracks interact.
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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