New Policies Proposed to be Included in the Rule:
The department proposes to give tenants who are impacted by the COVID-19 pandemic additional time to accumulate resources to make timely rental payments.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Wis. Stat. s. 93.07 (1) directs the department to make such regulations as are necessary for the discharge of all the powers and duties of the department. Wis. Stat. s. 227.24 allows the department to promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under Wis. Stat. ch. 227. Under Wis. Stat. s. 100.20 (2) the department has authority to regulate unfair competition and trade practices. 100.20 (2) Methods of competition and trade practices.
(a) The department, after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department to be unfair. The department, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department to be fair.
(b) Notwithstanding par. (a), the department may not issue any order or promulgate any rule that regulates the provision of water or sewer service by a manufactured home community operator, as defined in s. 101.91 (8), or manufactured home community contractor, as defined in s. 101.91 (6m), or enforce any rule to the extent that the rule regulates the provision of such water or sewer service. Furthermore under Wis. Stat. s. 704.95, the department has specific authority over prohibited rental agreement provisions, retaliatory evictions, self-evictions, and returning security deposits. 704.95 Practices regulated by the department of agriculture, trade and consumer protection. Practices in violation of s. 704.28 or 704.44 may also constitute unfair methods of competition or unfair trade practices under s. 100.20. However, the department of agriculture, trade and consumer protection may not issue an order or promulgate a rule under s. 100.20 that changes any right or duty arising under this chapter. Wis. Adm. Code ATCP ch. 134, currently provides policies related to late rent fees and penalties that the department is authorized to enforce. 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The department estimates that it will take approximately 80 hours to develop this emergency rule. That calculation includes time required for investigation and analysis, drafting the emergency rule, preparing related documents, coordinating meetings, holding public hearings, and communicating with affected persons and groups. The department will use existing staff to develop this rule.
6. List with description of all entities that may be affected by the proposed rule:
This rule will impact tenants and landlords for a limited duration to the extent that landlord’s will be unable to charge tenants with accrued late fees and penalties during the emergency.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Not applicable.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
Indeterminate. The economic impact depends on how many landlords would have added late fees and penalties during the time period covered by this emergency rule and the amount of those fees.
Contact Person:
Jane Landretti
Chief Legal Counsel – Office of the Secretary
Phone: (608) 224-5022
