Amendment ASA2-AB771

AB771-ASA2,18,8 196.643 (4) Resumption of service. No public utility may require the owner of a rental dwelling unit to provide proof of eviction or other evidence that a tenant has vacated the unit as a condition for providing or resuming public utility service to the unit if the service is placed and maintained solely in the owner's name.

AB771-ASA2,37 Section 37 . 704.07 (3) (a) of the statutes is renumbered 704.07 (3) (a) (intro.) and amended to read:

AB771-ASA2,18,18 704.07 (3) (a) (intro.) If the premises are damaged, including by an infestation of insects or other pests, due to the acts or inaction of the tenant, the landlord may elect to allow the tenant to remediate or repair the damage and restore the appearance of the premises by redecorating. However, the landlord may elect to undertake the remediation, repair, or redecoration, and in such case the tenant must reimburse the landlord for the reasonable cost thereof; the cost to the landlord is presumed reasonable unless proved otherwise by the tenant. Reasonable costs include any of the following:

AB771-ASA2,38 Section 38 . 704.07 (3) (a) 1. and 2. of the statutes are created to read:

AB771-ASA2,18,20 704.07 (3) (a) 1. Materials provided or labor performed by the landlord.

AB771-ASA2,18,22 2. At a reasonable hourly rate, time the landlord spends doing any of the following:

AB771-ASA2,18,23 a. Purchasing or providing materials.

AB771-ASA2,18,24 b. Supervising an agent of the landlord.

AB771-ASA2,18,25 c. Hiring a 3rd-party contractor.

AB771-ASA2,39 Section 39. 704.07 (4) of the statutes is amended to read:

AB771-ASA2,19,18 704.07 (4) Untenantability. If the premises become untenantable because of damage by fire, water, or other casualty or because of any condition hazardous to health, or if there is a substantial violation of sub. (2) materially affecting the health or safety of the tenant, the tenant may remove from the premises unless the landlord proceeds promptly to repair or rebuild or eliminate the health hazard or the substantial violation of sub. (2) materially affecting the health or safety of the tenant; or the tenant may remove if the inconvenience to the tenant by reason of the nature and period of repair, rebuilding, or elimination would impose undue hardship on the tenant. If the tenant remains in possession and the condition materially affects the health or safety of the tenant or substantially affects the use and occupancy of the premises, rent abates to the extent the tenant is deprived of the full normal use of the premises. This section does not authorize rent to be withheld in full, if the tenant remains in possession. If the tenant justifiably moves out under this subsection, the tenant is not liable for rent after the premises become untenantable and the landlord must repay any rent paid in advance apportioned to the period after the premises become untenantable. This subsection is inapplicable if the damage or condition is caused by negligence or improper use by the tenant.

AB771-ASA2,40 Section 40 . 704.07 (5) of the statutes is created to read:

AB771-ASA2,19,23 704.07 (5) Restriction of regulation of abatement. An ordinance enacted by a city, town, village, or county regulating abatement of rent shall permit abatement only for conditions that materially affect the health or safety of the tenant or substantially affect the use and occupancy of the premises.

AB771-ASA2,41 Section 41 . 704.085 of the statutes is created to read:

AB771-ASA2,20,7 704.085 Credit and background checks. (1) (a) Except as provided under par. (b), a landlord may require a prospective tenant to pay the landlord's actual cost, up to $25, to obtain a consumer credit report on the prospective tenant from a consumer credit 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.

AB771-ASA2,20,12 (b) A landlord may not require a prospective tenant to pay for a consumer credit report under par. (a) if, before the landlord requests a consumer credit report, the prospective tenant provides the landlord with a consumer credit report, from a consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis, that is less than 30 days old.

AB771-ASA2,20,17 (2) A landlord may require a prospective tenant who is not a resident of this state to pay the landlord's actual cost, up to $25, to obtain a background check on the prospective tenant. The landlord shall notify the prospective tenant of the charge before requesting the background check and shall provide the prospective tenant with a copy of the report.

AB771-ASA2,42 Section 42 . 704.10 of the statutes is created to read:

AB771-ASA2,20,21 704.10 Electronic delivery. A rental agreement may include a provision that permits the landlord to provide and indicate agreement by electronic means any of the following:

AB771-ASA2,20,23 (1) A copy of the rental agreement and any document related to the rental agreement.

AB771-ASA2,20,25 (2) A security deposit and any documents related to the accounting and disposition of the security deposit and security deposit refund.

AB771-ASA2,21,2 (3) A promise made before the initial rental agreement to clean, repair, or otherwise improve any portion of the premises.

AB771-ASA2,21,3 (4) Advance notice of entry under s. 704.05 (2).

AB771-ASA2,43 Section 43 . 704.17 (1) of the statutes is renumbered 704.17 (1p).

AB771-ASA2,44 Section 44 . 704.17 (1g) of the statutes is created to read:

AB771-ASA2,21,7 704.17 (1g) Definition. In this section, “rent” includes any rent that is past due and any late fees owed for rent that is past due.

AB771-ASA2,45 Section 45 . 704.17 (4m) of the statutes is created to read:

AB771-ASA2,21,11 704.17 (4m) Effect of incorrect amount in notice. A notice for failure to pay rent or any other amount due under the rental agreement that includes an incorrect statement of the amount due is valid unless any of the following applies:

AB771-ASA2,21,12 (a) The landlord's statement of the amount due is intentionally incorrect.

AB771-ASA2,21,14 (b) The tenant paid or tendered payment of the amount the tenant believes to be due.

AB771-ASA2,46 Section 46 . 758.20 of the statutes is created to read:

AB771-ASA2,21,21 758.20 Consolidated court automation programs. (1) In this section, “Wisconsin Circuit Court Access Internet site" means the Internet site of the consolidated court automation programs, which is the statewide electronic circuit court case management system established under s. 758.19 (4) and maintained by the director of state courts, that provides information regarding the cases heard in the circuit courts.

AB771-ASA2,21,24 (2) The director of state courts may not remove case management information from the Wisconsin Circuit Court Access Internet site for a civil case that is not a closed, confidential, or sealed case for the following periods:

AB771-ASA2,22,2 (a) If a writ of restitution has been granted in an eviction action, a period of at least 10 years.

AB771-ASA2,22,4 (b) If an eviction action has been dismissed and no money judgment has been docketed, a period of at least 2 years.

AB771-ASA2,47 Section 47 . 799.06 (3) of the statutes is renumbered 799.06 (3) (a).

AB771-ASA2,48 Section 48 . 799.06 (3) (b) of the statutes is created to read:

AB771-ASA2,22,8 799.06 (3) (b) A court may not require that a person filing a summons or complaint under this chapter have the summons or complaint notarized.

AB771-ASA2,49 Section 49 . 799.206 (3) of the statutes is amended to read:

AB771-ASA2,22,14 799.206 (3) When all parties appear in person or by their attorneys on the return date in an eviction, garnishment, or replevin action and any party claims that raises valid legal grounds for a contest exists, the matter shall be forthwith scheduled for a hearing, to be held as soon as possible before a judge and in the case of an eviction action, not more than 30 days after the return date.

AB771-ASA2,50 Section 50 . 799.40 (1g) of the statutes is created to read:

AB771-ASA2,22,22 799.40 (1g) Notice terminating tenancy. If a landlord gives a notice terminating tenancy under s. 704.16, 704.17, or 704.19 through certified mail in accordance with s. 704.21 (1) (d), proof of certified mailing from the United States post office shall be sufficient to establish that proper notice has been provided for the purpose of filing a complaint or otherwise demonstrating that proper notice has been given in an eviction action, and an affidavit of service may not be requested to establish that proper notice has been provided.

AB771-ASA2,51 Section 51 . 799.40 (1s) of the statutes is created to read:

AB771-ASA2,23,5 799.40 (1s) No waiver by landlord or tenant. It shall not be a defense to an action of eviction or a claim for damages that the landlord or tenant has previously waived any violation or breach of any of the terms of the rental agreement including, but not limited to, the acceptance of rent or that a custom or practice occurred or developed between the parties in connection with the rental agreement so as to waive or lessen the right of the landlord or tenant to insist upon strict performance of the terms of the rental agreement.

AB771-ASA2,52 Section 52 . 799.40 (4) (a) of the statutes is amended to read:

AB771-ASA2,23,15 799.40 (4) (a) The court shall stay the proceedings in a civil action of eviction if the tenant applies for emergency assistance under s. 49.138. The, except that no stay may be granted under this paragraph after a writ of restitution has been issued in the proceedings. If a stay is granted, the tenant shall inform the court of the outcome of the determination of eligibility for emergency assistance. The stay remains in effect until the tenant's eligibility for emergency assistance is determined and, if the tenant is determined to be eligible, until the tenant receives the emergency assistance, except that the stay may not remain in effect for more than 10 working days, as defined in s. 227.01 (14).

AB771-ASA2,53 Section 53 . 802.05 (2m) of the statutes is amended to read:

AB771-ASA2,24,2 802.05 (2m) Additional representations to court as to preparation of pleadings or other documents. An attorney may draft or assist in drafting a pleading, motion, or document filed by an otherwise self-represented person. The attorney is not required to sign the pleading, motion, or document. Any such document must contain a statement immediately adjacent to the person's signature that “This document was prepared with the assistance of a lawyer .",” followed by the name of the attorney and the attorney's state bar number. The attorney providing such drafting assistance may rely on the otherwise self-represented person's representation of facts, unless the attorney has reason to believe that such representations are false, or materially insufficient, in which instance the attorney shall make an independent reasonable inquiry into the facts.

AB771-ASA2,54 Section 54 . Cross-reference changes. In the sections of the statutes listed in Column A, the cross-references shown in Column B are changed to the cross-references shown in column C: - See PDF for table

AB771-ASA2,55 Section 55 . Nonstatutory provisions.

AB771-ASA2,24,11 (1) Rental unit energy efficiency program; orders void and unenforceable. An order or special order issued before the effective date of this subsection by the department of safety and professional services under its authority under section 101.122 of the statutes, as repealed by 2017 Wisconsin Act 59, is void and unenforceable.

AB771-ASA2,24,16 (2) Rental unit energy efficiency program; enforcement related to prior violations. The department of safety and professional services may not hold a hearing, issue a subpoena, issue a special order, or take any other enforcement action related to a violation of section 101.122 of the statutes, as repealed by 2017 Wisconsin Act 59, that occurs before the effective date of this subsection.

AB771-ASA2,25,3 (3) Rental unit energy efficiency program; stipulations and waivers void and unenforceable. A stipulation under section 101.122 (4) (c) of the statutes, as repealed by 2017 Wisconsin Act 59, or a waiver under section 101.122 (4) (b) of the statutes, as repealed by 2017 Wisconsin Act 59, entered into before the effective date of this subsection is void and unenforceable.

AB771-ASA2,56 Section 56 . Initial applicability.

AB771-ASA2,25,7 (1) Landlord and tenant. The treatment of sections 704.085, 704.10, and 704.17 (1), (1g), and (4m) of the statutes first applies to rental agreements entered into or renewed on the effective date of this subsection.

AB771-ASA2,57 Section 57 . Effective dates. This act takes effect on the day after publication, except as follows:

AB771-ASA2,25,11 (1) Rental unit energy efficiency. Section 55 (1), (2 ), and (3) of this act take effect on January 1, 2018.

AB771-ASA2,25,12 (End)