Iowa
Governor Reynolds halted home evictions under an executive order (Sections 56 and 57 of her April 2 order). The Supreme Court has delayed civil trials until May 4, which effectively stops evictions until that date.
Michigan
Governor Whitmer issued Executive Order 2020-19, Temporary prohibition against entry to premises for the purpose of removing or excluding a tenant or mobile home owner from their home. In part, the order states:
The current state of emergency would be exacerbated by the additional threats to the public health related to removing or excluding people from their residences during the COVID-19 pandemic. To reduce the spread of COVID-19, protect the public health, and provide essential protections to vulnerable Michiganders, it is reasonable and necessary to provide temporary relief from certain eviction-related requirements and to temporarily prohibit the removal or exclusion of a tenant or mobile home owner from their residential premises, except in extreme circumstances.
Minnesota
Governor Walz issued Emergency Executive Order 20-14, Suspending Evictions and Writs of Recovery During the COVID-19 Peacetime Emergency. The order temporarily halts evictions. In doing so, the order states, “Public health and safety are promoted by stabilizing households which, through no fault of their own, may suddenly have the inability to afford rent. Providing a temporary moratorium on eviction actions allows these households to remain stably housed as they safeguard the health of themselves, their families, and other Minnesotans.” The order later adds, “Nothing in this Executive Order relieves a tenant’s obligation to pay rent.”
Summary of Factual Data and Analytical Methodologies
None taken. The department considered actions by other states. The department held a public hearing on the scope statement on April 3, 2020.
Analysis and Supporting Documents used to Determine Effect on Small Business
No analysis has been conducted.
Effect on Small Business
Many of the landlords affected by this rule are “small businesses.” The loss of late fees might have an impact on landlord revenues. The department does not know how many tenants are currently being charged late rent fees or late rent penalties during the period of abnormal economic disruption caused by the public health emergency.
A complete regulatory flexibility analysis is attached.
DATCP Contact
David A. Woldseth
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5164
Where Comments May Be Submitted
David A. Woldseth
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone (608) 224-5164
Finding of emergency
The Department of Agriculture, Trade and Consumer Protection (department) finds that an emergency exists and that promulgation of the attached emergency rule pursuant to Wis. Stat. s. 227.24 (1) (a) is necessary for the immediate preservation of the public peace, health, safety, and welfare. Therefore, the department proposes to prohibit the charging and accumulation of late rent fees and late rent penalties for any missed rent payment or any late rent payment during the public health emergency and during the 90 days following the public health emergency. This action was taken pursuant to the Governor’s Executive Order 72 to reduce economic hardship and related health, safety, and welfare risks to tenants affected by the COVID-19 pandemic. Emergency rule
Section 1. ATCP 134.09 (8) (d) is created to read:
(d) During an emergency declared pursuant to Wis. Stat. s. 323.10 and for the 90 days following the expiration of the emergency, no landlord may charge any tenant a fee or a penalty for nonpayment of rent or late payment of rent. Section 2. Effective date: This rule takes effect following publication as provided in Wis. Stat. s. 227.24 (1) (c). Dated this _______ day of April, 2020.
WISCONSIN DEPARTMENT OF AGRICULTURE,
TRADE AND CONSUMER PROTECTION
By:_______________________________________
Randy J. Romanski
Interim Secretary
