2015 - 2016 LEGISLATURE
December 7, 2015 - Introduced by Representatives Allen, Brandtjen, R. Brooks,
Craig, Jarchow, Kulp, Murphy and Rohrkaste, cosponsored by Senator
Lasee. Referred to Committee on Housing and Real Estate.
1An Act to amend
97.01 (7); and to create
66.1014, 97.01 (1g) (g), 97.01 (14d), 2
97.01 (14f) and 97.01 (15k) (d) of the statutes; relating to: lodging
3establishments and restricting a local government's ability to prohibit or
4restrict a person from renting out of the person's residential dwelling.
Analysis by the Legislative Reference Bureau
This bill prohibits any city, village, town, or county (political subdivision) from
enacting or enforcing an ordinance that prohibits, regulates the duration or
frequency of, or unreasonably restricts the rental of a residential dwelling for seven
consecutive days or longer. The bill defines "residential dwelling" as any building or
structure, or part thereof, that is primarily used and occupied for human habitation
or intended to be so used. If any political subdivision has such an ordinance in effect
on the effective date of the bill, the ordinance does not apply and may not be enforced.
Under current law, as of July 1, 2016, the Department of Agriculture, Trade and
Consumer Protection regulates a variety of types of lodging establishments,
including hotels, bed and breakfast establishments, and tourist rooming houses.
This bill excludes from the definitions of "hotel," "bed and breakfast establishment,"
and "tourist rooming house" a residential dwelling that is rented exclusively for
periods that are seven consecutive days or longer. Thus, the bill provides that a
residential dwelling that is rented exclusively for periods of seven consecutive days
or longer does not qualify as a hotel, a bed and breakfast establishment, or a tourist
rooming house and therefore is not subject to regulations that apply to such lodging
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
66.1014 of the statutes is created to read:
266.1014 Limits on residential dwelling rental prohibited. (1)
In this 3
(a) "Political subdivision" means any city, village, town, or county.
(b) "Residential dwelling" has the meaning given in s. 97.01 (14d).
(a) A political subdivision may not enact or enforce an ordinance that 7
prohibits, regulates the duration or frequency of, or unreasonably restricts the rental 8
of a residential dwelling for 7 consecutive days or longer.
(b) If a political subdivision has in effect on the effective date of this paragraph 10
.... [LRB inserts date], an ordinance that is inconsistent with par. (a), the ordinance 11
does not apply and may not be enforced.
(c) Nothing in this subsection limits the authority of a political subdivision to 13
enact an ordinance in any of the following areas:
1. Inspections of residential dwellings.
2. The imposition or payment of inspection fees for residential dwellings.
3. Room taxes that may be imposed on residential dwellings.
4. Annual license fees or other fees that may be imposed on persons who rent 18
out their residential dwellings.
5. Nuisances related to residential dwellings.
97.01 (1g) (g) of the statutes is created to read:
(g) Is not a residential dwelling rental.
"Hotel" means all places wherein sleeping accommodations are 4
offered for pay to transients, in 5 or more rooms, and all places used in connection 5
therewith except that "hotel" does not include a residential dwelling rental
"Hotelkeeper", "motelkeeper" and "innkeeper" are synonymous and "inn", "motel" 7
and "hotel" are synonymous.
97.01 (14d) of the statutes is created to read:
"Residential dwelling" means any building, structure, or part of the 10
building or structure, that is primarily used and occupied for human habitation or 11
intended to be so used and includes any appurtenances belonging to it or usually 12
enjoyed with it.
97.01 (14f) of the statutes is created to read:
"Residential dwelling rental" means a residential dwelling that is 15
offered for rent exclusively for periods of 7 consecutive days or longer.
97.01 (15k) (d) of the statutes is created to read:
(d) A residential dwelling rental.
This act takes effect on July 1, 2016.