Q: Can a landlord in WI require you to waive your HIPPA rights so that they may directly contact your doctor for an ESA?

A: Based on the information you've provided, it does seem like your landlord may be violating your rights under the federal Fair Housing Act (FHA). Here are a few key points:

1. The FHA prohibits housing providers from discriminating against individuals with disabilities, including those who require an emotional support animal (ESA).

2. Under the FHA, landlords are allowed to request documentation from a licensed healthcare professional to confirm the tenant's need for an ESA. However, they cannot require detailed information about the tenant's disability or diagnosis.

3. Landlords should not directly contact the tenant's healthcare provider or require the tenant to waive their HIPAA rights. HIPAA (Health Insurance Portability and Accountability Act) protects individuals' private medical information.

4. When federal and state laws conflict, the federal law generally takes precedence due to the Supremacy Clause of the U.S. Constitution. Therefore, even if Wisconsin state law allows a landlord to contact a tenant's healthcare provider directly, the FHA's protections would likely prevail.

Given these points, you may have grounds to file a complaint with the U.S. Department of Housing and Urban Development (HUD) if your landlord continues to insist on contacting your doctor directly or requiring you to waive your HIPAA rights.

Before filing a complaint, consider discussing the matter with your landlord and informing them of your rights under the FHA. If they persist, you can file a complaint with HUD online, by mail, or by phone. It's also advisable to consult with a fair housing attorney or local fair housing organization for guidance specific to your situation.