This bill creates a right-to-cure for certain tenants for certain breaches; makes
remaining on property without consent criminal trespass and provides for the
disposition of personal property left in rental property by a trespasser; authorizes a
landlord to terminate the tenancy of a tenant based on criminal activity committed
by the tenant or a member of the tenant's household; limits the authority of political
subdivisions to regulate rental units, historic properties, and signs; prohibits a local
governmental unit from making the purchase or transfer of real property or the
occupancy of residential real property contingent on whether a purchaser or other
transferee takes certain actions with respect to the property; eliminates a statutory
exception for certain local ordinances having automatic sprinkler requirements that
are stricter than the state multifamily dwelling code; and allows a towing company
to collect charges if it makes a good faith effort to notify law enforcement.
Local government
Under current law, a city, village, town, or county (political subdivision) may
regulate places, structures, or objects with special character, historic interest,
aesthetic interest, or other significant value. A political subdivision may also
designate historic landmarks and establish historic districts and may regulate the
historic landmarks or the properties within a historic district for historic
preservation purposes.
Under this bill, a political subdivision may not designate a property as a historic
landmark without the consent of the owner. Also under this bill, a political
subdivision may not require or prohibit any action by an owner of a property related
to preservation of the historic or aesthetic value of the property without the consent
of the owner.
This bill also limits the authority of political subdivisions in several respects,
including:
1. Political subdivisions may not enact an ordinance that requires that a rental
unit be inspected without a showing of good cause or be certified or registered
2. Political subdivisions may not charge a fee for an inspection other than an
inspection based on a complaint from a tenant alleging a violation of the local housing
code.
3. Political subdivisions may not impose an occupancy or transfer of tenancy
fee on a rental unit.
4. Political subdivisions may not impose a requirement or restriction based on
the informational content of a sign that is not imposed on all signs.
5. Political subdivisions may not enact an ordinance that requires a landlord
to obtain a license, certification, or registration in order to own, manage, or operate
a residential rental property unless the ordinance applies uniformly to all residential
properties, including owner-occupied properties.
Under current law, a local governmental unit is prohibited from requiring a real
property owner to take certain actions with respect to the property or pay a related
fee; to show compliance with taking certain actions with respect to the property; or
to pay a fee for failing to take certain actions with respect to the property before the
owner may sell, refinance, or transfer title to the property; at the time of selling,
refinancing, or transferring title to the property; or within a certain period of time
after selling, refinancing, or transferring title to the property. A local governmental
unit may, however, require a real property owner to take certain actions with respect
to the property not in connection with selling, refinancing, or transferring title to the
property. The definition of "actions with respect to the property" includes such
actions as having an inspection made by an employee or agent of the local
governmental unit; making improvements or repairs; removing junk or debris;
paving or painting; and installing fixtures or other items.
This bill does all of the following:
1. Prohibits a local governmental unit from requiring a person who is a
prospective purchaser of, or person who will take title to, real property to take certain
actions with respect to the property, as defined under current law, or pay a related
fee; to show compliance with taking certain actions with respect to the property; or
to pay a fee for failing to take certain actions with respect to the property before the
person may complete the purchase of, or take title to, the property; at the time of
completing the purchase of, or taking title to, the property; or within a certain time
after completing the purchase of, or taking title to, the property.
2. Prohibits a local governmental unit from requiring a purchaser of, or
transferee of title to, residential real property to take certain actions with respect to
the property, as defined under current law, or pay a related fee; to show compliance
with taking certain actions with respect to the property; or to pay a fee for failing to
take certain actions with respect to the property before the purchaser or transferee
may take occupancy of the property; at the time of taking occupancy of the property;
or within a certain time after taking occupancy of the property.
3. Provides that a local governmental unit may require a real property owner
to take certain actions with respect to the property not in connection with purchasing
or taking occupancy of the property.
4. Provides that any ordinance, resolution, or policy currently in effect that is
inconsistent with the prohibitions in the bill does not apply and is unenforceable.
5. Provides that the prohibitions in the bill and under current law on local
governmental units do not affect a local governmental unit's responsibility,
authority, or ability to enforce a state or federal requirement that does any of the
things that a local governmental unit is prohibited from doing in the bill or under
current law.
Automatic sprinklers in multifamily dwellings
Under current law, the Department of Safety and Professional Services (DSPS)
administers the multifamily dwelling code, including requirements concerning
automatic sprinklers. Currently, a city, village, or town generally may not enact or
enforce an ordinance that does not conform to the multifamily dwelling code or that
is contrary to an order of DSPS enforcing the multifamily dwelling code, except that
certain preexisting sprinkler ordinances that are stricter than the multifamily
dwelling code may remain in effect.
This bill repeals that exception for preexisting stricter sprinkler ordinances.
The bill also provides that any contract between a city, village, or town pursuant to
such an ordinance is unenforceable.
Towing vehicles from private property
Under current law, before any vehicle is removed from private property by a
towing service, the towing service must notify a local law enforcement agency of the
make, model, vehicle identification number, and registration plate number of the
vehicle and the location to which the vehicle will be removed. A towing service that
fails to comply with this requirement may not collect any charges for the removal and
storage of the vehicle. Under this bill, a towing service that makes a good faith effort
to comply with the notification requirement may collect charges for the removal and
storage of the vehicle.
Under current law, the Department of Transportation is required to promulgate
rules establishing reasonable charges for removal of vehicles from private property
and guidelines for notifying law enforcement. Under this bill, these charges and
guidelines apply only when no citation was issued.
Terminating tenancies
Under current law, a tenant's tenancy may be terminated by the landlord for,
among other things, nonpayment of rent, committing waste, or breaching a covenant
or condition of the tenant's rental agreement, or if the property owner receives notice
from a law enforcement agency or the office of the district attorney that a nuisance
exists in the rental unit because the property is being used for drug-related purposes
or criminal gang-related purposes. Under this bill, except for a tenant who is the
victim of the criminal activity, a landlord may terminate the tenancy of a tenant,
without giving the tenant an opportunity to remedy the default, by giving the tenant
notice if the tenant, a member of the tenant's household, or a guest or other invitee
of the tenant or of a member of the tenant's household does any of the following: 1)
engages in criminal activity that threatens the health, safety, or right to peaceful
enjoyment of the premises by other tenants; 2) engages in criminal activity that
threatens the health, safety, or right to peaceful enjoyment of their residences by
persons residing in the immediate vicinity of the premises; 3) engages in criminal
activity that threatens the health or safety of the landlord or an agent or employee
of the landlord; or 4) engages in drug-related criminal activity on or near the
premises. It is not necessary that the individual committing the criminal activity or
drug-related criminal activity has been arrested for or convicted of the criminal
activity or drug-related criminal activity.
The notice that the landlord gives the tenant must require the tenant to vacate
on or before a date at least five days after the giving of the notice and must state the
basis for the notice and that the tenant may contest the termination of tenancy in an
eviction action. If the tenant does contest the termination of tenancy, the landlord
must prove the allegation in the notice by the greater preponderance of the credible
evidence. The bill defines drug-related criminal activity as criminal activity that
involves the manufacture, possession, use, or distribution of a controlled substance,
which is defined in current law.
Under current law, a landlord may terminate the tenancy of a month-to-month
tenant who commits waste, violates certain statutory tenant duties, or breaches a
condition of the lease, other than by failing to pay rent (commits a qualifying breach)
by providing the tenant with a notice that requires the tenant to vacate the premises
within 14 days. Current law does not provide a landlord of a month-to-month tenant
the option to terminate such a tenancy by providing a notice that requires the tenant
to cure the qualifying breach or vacate the premises.
Under the bill, a month-to-month tenancy is terminated if 1) a tenant commits
a qualifying breach and 2) the landlord provides the tenant with a notice that
requires the tenant to cure the qualifying breach or vacate the premises and the
tenant fails to comply with the notice. The procedure is identical to the procedure
described below for a landlord of a year-to-year tenant.
Under current law, a landlord may terminate the tenancy of a year-to-year
tenant or a tenant under a lease for a term of one year or less if 1) the tenant commits
a qualifying breach and 2) the landlord provides the tenant with a notice that
requires the tenant to cure the qualifying breach or vacate the premises and the
tenant fails to comply with the notice. Current law specifies that a tenant may
comply with the landlord's notice by taking reasonable steps to remedy the qualifying
breach or by making a bona fide reasonable offer to pay the landlord all damages
associated with the qualifying breach. Current law also provides that if the tenant
commits another qualifying breach within one year of receiving such a notice, the
landlord may terminate the tenant's tenancy by providing the tenant with a notice
to vacate the premises within 14 days if the landlord provides the notice before the
tenant cures the qualifying breach. This bill eliminates the condition that the
landlord provide the subsequent notice to vacate before the tenant remedies the
qualifying breach.
Trespass
Under current law, a person who enters into the dwelling of another without the
permission of a person who is lawfully on the premises may be guilty of criminal
trespass to a dwelling, a Class A misdemeanor. Under the bill, a person may be guilty
of criminal trespass to a dwelling if he or she enters or remains in a dwelling without
the permission of a person who is lawfully on the premises, or of the owner of the
property if no one is lawfully present there, regardless of whether the dwelling is
currently occupied. The bill requires law enforcement agencies to establish policies
that require officers to remove trespassers from dwellings.
Disposing of personal property left by trespasser
Current law does not address what happens to the personal property of a
trespasser that is left behind after the trespasser leaves or is removed from
residential rental property. This bill provides that, after a trespasser leaves or is
removed from residential rental property, a landlord must hold any personal
property left by the trespasser for seven days, during which time the trespasser may
request its return. After that time, the landlord may dispose of the personal property
in any manner that the landlord determines is appropriate.
For further information see the 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:
SB445,1
1Section
1. 20.505 (7) (h) of the statutes is amended to read:
SB445,6,52
20.505
(7) (h)
Funding for the homeless. All moneys received from interest on
3real estate trust accounts under s. 452.13 for grants under s. 16.307, and all moneys
4received under
s. ss. 704.05 (5) (a) 2.
and 704.055 (2) (b), for grants to agencies and
5shelter facilities for homeless individuals and families under s. 16.308 (2) (a) and (b).
SB445,2
6Section
2. 59.69 (4m) of the statutes is amended to read:
SB445,7,47
59.69
(4m) Historic preservation. A county, as an exercise of its zoning and
8police powers for the purpose of promoting the health, safety and general welfare of
9the community and of the state, may regulate by ordinance any place, structure or
10object with a special character, historic interest, aesthetic interest or other
11significant value, for the purpose of preserving the place, structure or object and its
12significant characteristics. The county may create a landmarks commission to
13designate historic landmarks and establish historic districts. The county may
14regulate all historic landmarks and all property within each historic district to
15preserve the historic landmarks and property within the district and the character
16of the district.
A county may not designate a property as a historic landmark without
1the consent of the owner. A county may not require or prohibit any action by an owner
2of a property related to the preservation of special character, historic or aesthetic
3interest, or any other significant value of the property without the consent of the
4owner.
SB445,3
5Section
3. 60.64 of the statutes is amended to read:
SB445,7,19
660.64 Historic preservation. The town board, in the exercise of its zoning
7and police powers for the purpose of promoting the health, safety and general welfare
8of the community and of the state, may regulate any place, structure or object with
9a special character, historic interest, aesthetic interest or other significant value for
10the purpose of preserving the place, structure or object and its significant
11characteristics. The town board may create a landmarks commission to designate
12historic landmarks and establish historic districts. The board may regulate all
13historic landmarks and all property within each historic district to preserve the
14historic landmarks and property within the district and the character of the district.
15The town board may not designate a property as a historic landmark without the
16consent of the owner. The town board may not require or prohibit any action by an
17owner of a property related to the preservation of special character, historic or
18aesthetic interest, or any other significant value of the property without the consent
19of the owner.
SB445,4
20Section
4. 62.23 (7) (em) of the statutes is amended to read:
SB445,8,1421
62.23
(7) (em)
Historic preservation. A city, as an exercise of its zoning and
22police powers for the purpose of promoting the health, safety and general welfare of
23the community and of the state, may regulate by ordinance, or if a city contains any
24property that is listed on the national register of historic places in Wisconsin or the
25state register of historic places shall, not later than 1995, enact an ordinance to
1regulate, any place, structure or object with a special character, historic,
2archaeological or aesthetic interest, or other significant value, for the purpose of
3preserving the place, structure or object and its significant characteristics. A city
4may create a landmarks commission to designate historic or archaeological
5landmarks and establish historic districts. The city may regulate, or if the city
6contains any property that is listed on the national register of historic places in
7Wisconsin or the state register of historic places shall regulate, all historic or
8archaeological landmarks and all property within each historic district to preserve
9the historic or archaeological landmarks and property within the district and the
10character of the district.
A city may not designate a property as a historic landmark
11without the consent of the owner. A city may not require or prohibit any action by
12an owner of a property related to the preservation of special character, historic or
13aesthetic interest, or any other significant value of the property without the consent
14of the owner.
SB445,5
15Section
5. 66.0104 (2) (e) of the statutes is created to read:
SB445,8,1716
66.0104
(2) (e) No city, village, town, or county may enact an ordinance that
17does any of the following:
SB445,8,1918
1. Requires that a rental unit be inspected without a showing of good cause or
19be certified or registered.
SB445,8,2320
2. Charges a fee for conducting an inspection other than an inspection based
21on a complaint from a tenant alleging a violation of the local housing code of the city,
22village, town, or county or an inspection required for all properties and for which a
23uniform fee is charged.
SB445,6
24Section
6. 66.0104 (2) (f) of the statutes is created to read:
SB445,9,2
166.0104
(2) (f) No city, village, town, or county may impose an occupancy or
2transfer of tenancy fee on a rental unit.
SB445,7
3Section
7. 66.0104 (2) (g) of the statutes is created to read:
SB445,9,64
66.0104
(2) (g) 1. No city, village, town, or county may enact an ordinance that
5requires a property owner to obtain a license, certification, or registration in order
6to do any of the following:
SB445,9,77
a. Own a residential rental property.
SB445,9,88
b. Manage or operate a residential rental property.
SB445,9,109
2. Subdivision 1. does not apply to an ordinance that applies uniformly to all
10residential properties, including owner-occupied properties.
SB445,8
11Section
8. 66.0104 (3) (c) of the statutes is created to read:
SB445,9,1412
66.0104
(3) (c) If a city, village, town, or county has in effect on the effective date
13of this paragraph .... [LRB inserts date], an ordinance that is inconsistent with sub.
14(2) (e), (f), or (g), the ordinance does not apply and may not be enforced.
SB445,9
15Section
9. 66.0418 (title) of the statutes is amended to read:
SB445,9,17
1666.0418 (title)
Prohibition of
Miscellaneous limitations on local
17regulation of certain foods, beverages.
SB445,10
18Section
10. 66.0418 (3) of the statutes is created to read:
SB445,9,2119
66.0418
(3) No political subdivision may impose a restriction or requirement
20on a sign based on the sign's informational content that it does not impose on all
21signs.
SB445,11
22Section
11. 66.0809 (9) of the statutes is amended to read:
SB445,9,2523
66.0809
(9) A municipal utility is not required to offer a customer who is a
24tenant at a rental dwelling unit a deferred payment agreement.
Notwithstanding.
25ss. 196.03, 196.19, 196.20, 196.22, 196.37, and 196.60, a determination by a
1municipal utility to offer or not offer a deferred payment agreement does not require
2approval, and is not subject to disapproval, by the public service commission.
SB445,12
3Section
12. 66.1019 (3) (a) of the statutes is renumbered 66.1019 (3) and
4amended to read:
SB445,10,85
66.1019
(3) Except as provided in par. (b), any Any ordinance enacted by a
6county, city, village or town relating to the construction or inspection of multifamily
7dwellings, as defined in s. 101.971 (2), shall conform to subch. VI of ch. 101 and s.
8101.02 (7m).
SB445,13
9Section
13. 66.1019 (3) (b) of the statutes is repealed.
SB445,14
10Section
14. 101.02 (7m) of the statutes is amended to read:
SB445,10,2111
101.02
(7m) Notwithstanding sub. (7) (a), no city, village
, or town may make
12or enforce any ordinance that is applied to any multifamily dwelling, as defined in
13s. 101.971 (2), and that does not conform to subch. VI and this section or is contrary
14to an order of the department under this subchapter
, except that if a city, village or
15town has a preexisting stricter sprinkler ordinance, as defined in s. 101.975 (3) (a),
16that ordinance remains in effect, except that the city, village or town may take any
17action with regard to that ordinance that a political subdivision may take under s.
18101.975 (3) (b). Any contract between a city, village, or town and a property owner
19of a multifamily dwelling that requires the property owner to comply with an
20ordinance that does not conform to subch. VI and this section or is contrary to an
21order of the department under this subchapter is void and unenforceable.
SB445,15
22Section
15. 101.975 (3) of the statutes is repealed.
SB445,16
23Section
16. 175.403 of the statutes is created to read:
SB445,10,24
24175.403 Trespassing; arrest and removal. (1) In this section:
SB445,10,2525
(a) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
SB445,11,1
1(b) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
SB445,11,5
2(2) Each law enforcement agency shall have a written policy regarding the
3investigation of complaints alleging a violation of s. 943.14. The policy shall require
4a law enforcement officer who has probable cause to arrest a person for a violation
5of s. 943.14 to remove the person from a dwelling.
SB445,17
6Section
17. 349.13 (3m) (dr) 2. of the statutes is amended to read:
SB445,11,107
349.13
(3m) (dr) 2. A towing service may not collect any charges for the removal
8or storage of an illegally parked vehicle under this subsection
if unless the towing
9service
has not complied made a good faith effort to comply with par. (d) 2. with
10respect to the vehicle.
SB445,18
11Section
18. 349.13 (3m) (e) 1. of the statutes is amended to read:
SB445,11,1312
349.13
(3m) (e) 1. Reasonable charges for removal and storage of vehicles
13under this subsection
when no citation has been issued.
SB445,19
14Section
19. 349.13 (3m) (e) 3. of the statutes is amended to read:
SB445,11,1615
349.13
(3m) (e) 3. Guidelines for towing services to notify law enforcement
16under par. (d) upon removal of a vehicle
when no citation has been issued.
SB445,20
17Section
20. 704.055 of the statutes is created to read:
SB445,11,21
18704.055 Disposition of personalty left by trespasser. (1) Definition. In
19this section, "trespasser" means a person who is not a tenant and who enters or
20remains in residential rental property without the consent of the landlord or another
21person lawfully on the property.
SB445,12,5
22(2) At the landlord's discretion. (a) If a trespasser is removed or otherwise
23removes from residential rental property and leaves personal property, the landlord
24shall hold the personal property for 7 days from the date on which the landlord
25discovers the personal property. After that time, the landlord may presume that the
1trespasser has abandoned the personal property and may dispose of the personal
2property in any manner that the landlord, in the landlord's sole discretion,
3determines is appropriate but shall promptly return the personal property to the
4trespasser if the landlord receives a request for its return before the landlord
5disposes of it.
SB445,12,106
(b) If the landlord disposes of the abandoned personal property by private or
7public sale, the landlord may send the proceeds of the sale minus any costs of sale
8and, if the landlord has first stored the personal property, minus any storage charges
9to the department of administration for deposit in the appropriation under s. 20.505
10(7) (h).
SB445,12,19
11(3) Rights of 3rd persons. The landlord's power to dispose as provided by this
12section applies to any personal property left on the landlord's property by the
13trespasser, whether owned by the trespasser or by others. The power to dispose
14under this section applies notwithstanding any rights of others existing under any
15claim of ownership or security interest. The trespasser, other owner, or any secured
16party has the right to redeem the personal property at any time before the landlord
17has disposed of it or entered into a contract for its disposition by payment of any
18expenses that the landlord has incurred with respect to the disposition of the
19personal property.
SB445,21
20Section
21. 704.17 (1) (b) of the statutes is amended to read:
SB445,13,1021
704.17
(1) (b) If a month-to-month tenant commits waste or a material
22violation of s. 704.07 (3) or breaches any covenant or condition of the tenant's
23agreement, other than for payment of rent, the tenancy
can be is terminated if the
24landlord
gives the tenant a notice that requires the tenant to either remedy the
25default or vacate the premises no later than a date at least 5 days after the giving
1of the notice, and the tenant fails to comply with the notice. A tenant is considered
2to be complying with the notice if promptly upon receipt of the notice the tenant takes
3reasonable steps to remedy the default and proceeds with reasonable diligence, or if
4damages are adequate protection for the landlord and the tenant makes a bona fide
5and reasonable offer to pay the landlord all damages for the tenant's breach. If,
6within one year from receiving a notice under this paragraph, the tenant again
7commits waste or breaches the same or any other covenant or condition of the
8tenant's rental agreement, other than for payment of rent, the tenant's tenancy is
9terminated if the landlord gives the tenant notice
requiring the tenant to vacate on
10or before a date at least 14 days after the giving of the notice.
SB445,22
11Section
22. 704.17 (2) (b) of the statutes is amended to read: