LRB-4619/1
SWB&MCP:cjs&amn
2021 - 2022 LEGISLATURE
December 7, 2021 - Introduced by Representatives Hong, Anderson, Goyke,
Snodgrass, Brostoff, Emerson, Neubauer, Hebl, Vining, Hesselbein,
Shelton, Pope, Subeck, Conley, Ohnstad, Considine, Moore Omokunde,
Stubbs, Baldeh, Bowen, Spreitzer and Sinicki, cosponsored by Senators
Agard, L. Taylor, Johnson, Larson and Roys. Referred to Committee on
Housing and Real Estate.
AB738,1,5
1An Act to amend 704.17 (1p) (a), 704.17 (2) (a), 704.17 (3) (a), 710.15 (5r) and
2799.40 (1m); and
to create 704.155, 704.17 (3d) and 799.40 (5) of the statutes;
3relating to: requiring landlords or tenants to apply for emergency rental
4assistance and participate in mediation prior to eviction during certain
5declared public health emergencies and prohibiting certain rent increases.
Analysis by the Legislative Reference Bureau
Under current law, if a tenant is late in paying rent, the landlord may give the
tenant a notice that requires the tenant to pay rent or vacate within at least five days
after the notice is given or, under certain circumstances, a notice requiring the tenant
to vacate within at least 14 days after the notice is given without the option to cure
by paying rent. If the tenant fails to pay the rent by that date, the tenancy is
terminated. Under current law, a landlord may bring a small claims eviction action
against a tenant whose tenancy has been terminated for failure to pay rent.
Under the bill, during a public health emergency, if a residential tenant fails
to pay rent when due, the tenant's tenancy is terminated only if the landlord gives
the tenant a notice that requires the tenant to pay rent or vacate within at least 30
days after the notice is given; the tenant fails to pay the rent; and the landlord applies
for and is denied emergency rental assistance under a federal assistance program,
if such a program exists, or is ineligible for such emergency rental assistance. The
bill defines “public health emergency” as a state or federal public health emergency
declared in response to an infectious disease outbreak. Under the bill, a 30-day
notice must include certain information, including contact information for the
emergency rental assistance provider serving the county where the tenant resides;
a statement as to whether the landlord is qualified to receive emergency rental
assistance under a federal assistance program, and, if eligible, that the landlord is
required to apply for such funds; a statement that, if the landlord is ineligible for such
funds, the tenant may be able to apply for emergency rental assistance; and a
statement that the landlord may not pursue an action for eviction against the tenant
for failure to pay rent if the tenant or the landlord applies for and is approved to
receive emergency rental assistance, and may not pursue an action for eviction
unless the landlord and tenant participate in mediation and are unable to reach a
settlement or the landlord shows that the tenant has refused to participate in
mediation.
The bill also provides that, during a public health emergency, a court must stay
the proceedings in a residential eviction action until the landlord files proof with the
court that he or she has applied for and been denied emergency rental assistance
under a federal assistance program, if such a program exists, or, if the landlord is
ineligible for such emergency rental assistance, that the tenant has either failed to
apply or has applied for and been denied such emergency rental assistance; and until
the landlord and tenant notify the court that they have participated in mediation and
are unable to reach a settlement or the landlord notifies the court that the tenant has
refused to participate in mediation. In addition, a court must stay residential
eviction proceedings if either the tenant or the landlord has been approved to receive
emergency rental assistance.
Finally, the bill prohibits a landlord that receives emergency rental assistance
under a federal assistance program from raising the tenant's rent for 12 months,
except that the landlord may raise rent to cover any increase in property taxes for
the tenant's rental unit.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB738,1
1Section
1. 704.155 of the statutes is created to read:
AB738,3,2
2704.155 Certain rent raises prohibited. If a landlord receives emergency
3rental assistance under a federal assistance program, the landlord may not increase
4the amount of rent required to be paid by any tenant for which the emergency rental
5assistance was received for a period of 12 months following the receipt of the
6emergency rental assistance, except that the landlord may increase the amount of
1rent required to be paid by such tenant in an amount not to exceed any increase in
2property taxes for the tenant's rental unit.
AB738,2
3Section
2. 704.17 (1p) (a) of the statutes is amended to read:
AB738,3,114
704.17
(1p) (a)
If Except as provided under sub. (3d), if a month-to-month
5tenant or a week-to-week tenant fails to pay rent when due, the tenant's tenancy
6is terminated if the landlord gives the tenant notice requiring the tenant to pay rent
7or vacate on or before a date at least 5 days after the giving of the notice and if the
8tenant fails to pay accordingly.
A Except as provided under sub. (3d), a 9month-to-month tenancy is terminated if the landlord, while the tenant is in default
10in payment of rent, gives the tenant notice requiring the tenant to vacate on or before
11a date at least 14 days after the giving of the notice.
AB738,3
12Section
3. 704.17 (2) (a) of the statutes is amended to read: