Wisconsin Section 8, Records & Right to Counsel
Wisconsin rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Partly. Wisconsin's open housing law bars housing discrimination based on 'lawful source of income,' but a federal appeals court held that federal rent vouchers (Section 8) are not clearly within that term, so voucher refusals are not clearly prohibited statewide. Wis. Stat. 106.50; Knapp v. Eagle Property Management Corp., 54 F.3d 1272 (7th Cir. 1995) (annotation)
The rules in Wisconsin
| Statewide ban on refusing Section 8 / source of income | Partly. Wisconsin's open housing law bars housing discrimination based on 'lawful source of income,' but a federal appeals court held that federal rent vouchers (Section 8) are not clearly within that term, so voucher refusals are not clearly prohibited statewide. The official annotation to s. 106.50 summarizes Knapp as holding that federal rent vouchers are not clearly within 'lawful source of income.' Knapp is a federal court's reading of state law. Some cities and counties have their own fair housing ordinances, so check your local page. |
|---|---|
| Eviction record sealing | No sealing or expungement statute for eviction records. The law instead sets minimum public display periods on the Wisconsin Circuit Court Access (CCAP) site: the director of state courts may not remove a non-sealed eviction case for at least 10 years if a writ of restitution was granted, or at least 2 years if the case was dismissed with no money judgment docketed. Created by 2017 Wis. Act 317; amended 2019 Wis. Act 123. Source: Wis. Stat. 758.20(2) |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases. Source: Wis. Stat. ch. 799 |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
Wisconsin vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| Wisconsin | Partly. Wisconsin's open housing law bars housing discrimination based on 'lawful source of income,' but a federal appeals court held that federal rent vouchers (Section 8) are not clearly within that term, so voucher refusals are not clearly prohibited statewide. Wis. Stat. 106.50; Knapp v. Eagle Property Management Corp., 54 F.3d 1272 (7th Cir. 1995) (annotation) | No sealing or expungement statute for eviction records. The law instead sets minimum public display periods on the Wisconsin Circuit Court Access (CCAP) site: the director of state courts may not remove a non-sealed eviction case for at least 10 years if a writ of restitution was granted, or at least 2 years if the case was dismissed with no money judgment docketed. Wis. Stat. 758.20(2) | No statewide right to counsel in eviction cases. Wis. Stat. ch. 799 |
| Illinois | Yes. Since Jan. 1, 2023 the Illinois Human Rights Act bars refusing to rent, discriminatory terms, discriminatory ads or application forms, and screening criteria with a discriminatory effect based on 'source of income', defined as the lawful manner by which a person supports themselves and their dependents. 775 ILCS 5/1-103(O-5); 775 ILCS 5/3-102 (P.A. 102-896, eff. 1-1-23) | Yes, by court order. The court may seal an eviction court file if the landlord's case was sufficiently without basis in fact or law, sealing is clearly in the interests of justice, and those interests are not outweighed by the public's interest. Sealing is mandatory for cases against bona fide tenants after foreclosure (9-207.5 / 15-1701(h)(6)) and for cases dismissed because a minor was named as a defendant. Residential eviction files filed March 9, 2020 - March 31, 2022 (COVID period) were sealed, subject to unsealing in some cases not based on nonpayment. 735 ILCS 5/9-121; 735 ILCS 5/9-122; 735 ILCS 5/9-106(c) (P.A. 104-317, eff. 1-1-26) | No statewide right to counsel in eviction cases was found. The Illinois courts direct tenants to free legal aid and mediation for those who qualify (Eviction Help Illinois outside Cook County; Cook County Legal Aid for Housing and Debt in Cook County). 735 ILCS 5/Art. IX (checked); Illinois Courts eviction self-help |
| Iowa | No. Iowa has no statewide source-of-income protection, and since Jan. 1, 2023 cities and counties may not adopt or enforce ordinances barring landlords from refusing to rent to someone because they use a federal Housing Choice Voucher (existing local ordinances became void). Iowa Code §364.3(16) (cities); §331.304(13) (counties) | No statute — the 2026 Iowa Code's forcible entry and detainer chapter (ch. 648) contains no sealing or record-removal provision. Bills to seal dismissed/defendant-won cases (HF 548, 2023) and to allow later sealing of nonpayment cases (HSB 261, 2025 study bill) were not found in the enacted Code. Iowa Code ch. 648 (section list checked) | No statewide right to counsel in eviction cases was found in Iowa Code ch. 648 or ch. 562A. Iowa Code ch. 648; ch. 562A (checked) |
| Michigan | Yes, effective Apr. 2, 2025. A landlord may not deny or end a tenancy, set different terms, fees or rent, misstate availability, advertise a preference, or try to discourage a tenant because of source of income, including vouchers and subsidies. If the landlord has an income threshold, it must count vouchers and subsidies when applying it (this does not cover emergency rental assistance). Exempt: landlords who, together with related entities, own fewer than 5 rental units in Michigan. MCL 554.601c (2024 PA 178) | No. Michigan has no statute sealing or expunging eviction records. Two 2025 bills are pending: SB 374 (sealing, and automatic expungement 3 years after a final judgment for possession), placed on Senate third reading on Mar. 3, 2026; and HB 4984 (records nonpublic until a judgment for possession), in the House Regulatory Reform committee since Sept. 2025. Neither has been enacted as of this check. 2025 SB 374; 2025 HB 4984 (pending) | Not verified yet |
| Minnesota | Yes. It is an unfair discriminatory practice to refuse to rent to, or discriminate in terms against, a person because of 'status with regard to public assistance.' That status includes being a tenant receiving federal, state or local subsidies, including rental assistance or rent supplements, such as Housing Choice vouchers. Minn. Stat. §§ 363A.09, subd. 1; 363A.03, subd. 47 | Yes (expungement). The court must expunge an eviction case without a motion if: the tenant won; the case was dismissed for any reason; the parties agreed; three years have passed since the eviction was ordered; or it is a qualifying foreclosure or contract-for-deed case. On the tenant's motion, the court must expunge if the case settled and the tenant met the settlement terms, or if the case was filed in violation of § 504B.285, subd. 1(b). The court may also expunge in its discretion when that is clearly in the interests of justice. A nonpayment complaint filed without the 14-day notice is dismissed and expunged. Minn. Stat. §§ 484.014, 504B.345, subd. 1(c), 504B.321, subd. 1(d) | Limited. Only tenants in HUD Section 9 public housing who face an eviction for breach of lease and cannot afford a lawyer have a right to court-appointed counsel. The first page of the complaint must include, in bold 12-point type: 'If financially unable to obtain counsel, the defendant has the right to a court-appointed attorney.' The court must offer appointed counsel at the first hearing. There is no general statewide right to counsel in nonpayment or other evictions. Minn. Stat. § 504B.268 (2023 c. 52, art. 19, § 89) |
City rules that may add to state law
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Compare section 8, records & right to counsel in all 50 states and DC →
Wisconsin Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in Wisconsin?
Partly. Wisconsin's open housing law bars housing discrimination based on 'lawful source of income,' but a federal appeals court held that federal rent vouchers (Section 8) are not clearly within that term, so voucher refusals are not clearly prohibited statewide. (Wis. Stat. 106.50; Knapp v. Eagle Property Management Corp., 54 F.3d 1272 (7th Cir. 1995) (annotation))
Can an eviction record be sealed or removed in Wisconsin?
No sealing or expungement statute for eviction records. The law instead sets minimum public display periods on the Wisconsin Circuit Court Access (CCAP) site: the director of state courts may not remove a non-sealed eviction case for at least 10 years if a writ of restitution was granted, or at least 2 years if the case was dismissed with no money judgment docketed. (Wis. Stat. 758.20(2))
Do tenants have a right to a free lawyer in eviction cases in Wisconsin?
No statewide right to counsel in eviction cases. (Wis. Stat. ch. 799)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.