Cal. Civ. Code § DWD 220.03
Housing for older persons; exemptions and exclusions.
Operative Text
DWD 220.03 Housing for older persons; exemptions and exclusions. (1) Certification that housing is for older persons. Housing primarily intended and primarily operated for occupancy by at least one person 55 years of age or older per dwelling unit may qualify as housing for older persons entitled to the exemption under s. 106.50 (5m) (a) 1e., Stats., only if that housing actually satisfied all of the factors required for such housing by s. 106.50 (5m) (a) 1e., Stats., at the time that the alleged discriminatory housing practice occurred. (2) Exemptions from occupancy requirements. Housing shall not fail to qualify for the exemptions and exclusions for housing for older persons set forth in s. 106.50 (5m) (a) 1. and 1e. b., Stats., by reason of either of the following: (a) The existence of unoccupied units, provided that such units are reserved for occupancy by persons 55 years of age or over. (b) The occupancy of one or more units by bona fide employees of the housing (and family members renting in the same unit) who are under 55 years of age, provided that they perform substantial duties directly related to management or maintenance of the housing.
Wisconsin Administrative Code § DWD 220.03 addresses when housing communities marketed toward older adults can qualify for a legal exemption from certain fair housing requirements under state law. To claim this exemption, a housing community must have actually met all statutory criteria at the time any alleged discriminatory practice took place, not merely at some later point. The rule also clarifies that vacant units reserved for older residents, and units occupied by qualifying on-site employees under age 55, do not disqualify a community from holding this exemption.
Plain English — not legal advice.
Under § DWD 220.03, operators of age-restricted communities intended for residents 55 and older must ensure that all statutory requirements for the older-persons exemption were genuinely satisfied at the moment any questioned housing decision was made. Compliant operators typically maintain documentation showing that units are reserved for persons 55 or older and that any younger residents are bona fide employees performing substantial management or maintenance duties. Keeping contemporaneous records of occupancy policies, unit reservations, and employee roles helps demonstrate ongoing compliance with the conditions set out in § DWD 220.03.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wisconsin Administrative Code § DWD 220.03 defines the conditions under which a housing community may lawfully restrict occupancy based on age, which can affect tenants' fair housing rights. If a tenant believes a housing provider improperly claimed the older-persons exemption to justify a discriminatory practice, the exemption's validity is judged as of the time the alleged discrimination occurred—not based on later changes. Tenants who believe their rights under Wisconsin's fair housing law may have been affected can contact the Wisconsin Department of Workforce Development or a local tenant-rights organization to learn about available complaint processes related to § DWD 220.03.
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