CR 20-033 Rule Text

General

This rule changes the maximum amount that a landlord may charge a prospective tenant for a consumer credit report from $20 to $25.

Summary of and Comparison with Existing or

Proposed Federal Statutes and Regulations

Federal Programs

No existing or proposed federal regulations have an impact on this rule.

Surrounding State Programs

Illinois, Iowa, Michigan, and Minnesota all have statutes or administrative rules governing residential rental practices. These laws address common topics such as rental agreements, security deposits, and other duties of landlords and tenants.

Summary of Factual Data and Analytical Methodologies

None taken.

Analysis and Supporting Documents used to

Determine Effect on Small Business

No analysis has been conducted. The statute mandates the change to the rule, and the rule will not have any effects not already imposed by statute.

Effect on Small Business

Many of the landlords affected by this rule are “small businesses.” However, because the change permits landlords to charge prospective tenants $5 more for credit reports, the rule change will not adversely affect landlords. In addition, the change is mandated by statute, so the rule must be changed.

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 [phone]

E-Mail: [e-mail]

Where Comments May Be Submitted

David A. Woldseth

Department of Agriculture, Trade and Consumer Protection

P.O. Box 8911

Madison, WI 53708-8911

Telephone [phone]

E-Mail: [e-mail]

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DRAFT RULE TEXT

Section 1. ATCP 134.05 (4) (a) is amended to read:

ATCP 134.05(4)(a) ATCP 134.05 (4) (a) Except as provided under par. (b), a landlord may require a prospective tenant to pay the landlord's actual cost, up to $20 $25, to obtain a consumer credit report on the prospective tenant from a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis. The landlord shall notify the prospective tenant of the charge before requesting the consumer credit report, and shall provide the prospective tenant with a copy of the report.

Section 2. Effective date: This rule takes effect on the first day of the month following publication as provided in Wis. Stat. § 227.22 (2).

Dated this _______ day of _________, 2020.

      WISCONSIN DEPARTMENT OF AGRICULTURE,

      TRADE AND CONSUMER PROTECTION

      By:_______________________________________

     

Randy Romanski

Secretary-designee