SWB&MCP:cjs&amn
2021 - 2022 LEGISLATURE
December 7, 2021 - Introduced by Representatives Hong, Anderson, Goyke,
Snodgrass, Brostoff, Emerson, Neubauer, Hebl, Vining, Hesselbein,
Shelton, Pope, Subeck, Conley, Ohnstad, Considine, Moore Omokunde,
Stubbs, Baldeh, Bowen, Spreitzer and Sinicki, cosponsored by Senators
Agard, L. Taylor, Johnson, Larson and Roys. Referred to Committee on
Housing and Real Estate.
AB738,1,5 1An Act to amend 704.17 (1p) (a), 704.17 (2) (a), 704.17 (3) (a), 710.15 (5r) and
2799.40 (1m); and to create 704.155, 704.17 (3d) and 799.40 (5) of the statutes;
3relating to: requiring landlords or tenants to apply for emergency rental
4assistance and participate in mediation prior to eviction during certain
5declared public health emergencies and prohibiting certain rent increases.
Analysis by the Legislative Reference Bureau
Under current law, if a tenant is late in paying rent, the landlord may give the
tenant a notice that requires the tenant to pay rent or vacate within at least five days
after the notice is given or, under certain circumstances, a notice requiring the tenant
to vacate within at least 14 days after the notice is given without the option to cure
by paying rent. If the tenant fails to pay the rent by that date, the tenancy is
terminated. Under current law, a landlord may bring a small claims eviction action
against a tenant whose tenancy has been terminated for failure to pay rent.
Under the bill, during a public health emergency, if a residential tenant fails
to pay rent when due, the tenant's tenancy is terminated only if the landlord gives
the tenant a notice that requires the tenant to pay rent or vacate within at least 30
days after the notice is given; the tenant fails to pay the rent; and the landlord applies
for and is denied emergency rental assistance under a federal assistance program,
if such a program exists, or is ineligible for such emergency rental assistance. The
bill defines “public health emergency” as a state or federal public health emergency
declared in response to an infectious disease outbreak. Under the bill, a 30-day

notice must include certain information, including contact information for the
emergency rental assistance provider serving the county where the tenant resides;
a statement as to whether the landlord is qualified to receive emergency rental
assistance under a federal assistance program, and, if eligible, that the landlord is
required to apply for such funds; a statement that, if the landlord is ineligible for such
funds, the tenant may be able to apply for emergency rental assistance; and a
statement that the landlord may not pursue an action for eviction against the tenant
for failure to pay rent if the tenant or the landlord applies for and is approved to
receive emergency rental assistance, and may not pursue an action for eviction
unless the landlord and tenant participate in mediation and are unable to reach a
settlement or the landlord shows that the tenant has refused to participate in
mediation.
The bill also provides that, during a public health emergency, a court must stay
the proceedings in a residential eviction action until the landlord files proof with the
court that he or she has applied for and been denied emergency rental assistance
under a federal assistance program, if such a program exists, or, if the landlord is
ineligible for such emergency rental assistance, that the tenant has either failed to
apply or has applied for and been denied such emergency rental assistance; and until
the landlord and tenant notify the court that they have participated in mediation and
are unable to reach a settlement or the landlord notifies the court that the tenant has
refused to participate in mediation. In addition, a court must stay residential
eviction proceedings if either the tenant or the landlord has been approved to receive
emergency rental assistance.
Finally, the bill prohibits a landlord that receives emergency rental assistance
under a federal assistance program from raising the tenant's rent for 12 months,
except that the landlord may raise rent to cover any increase in property taxes for
the tenant's rental unit.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB738,1 1Section 1. 704.155 of the statutes is created to read:
AB738,3,2 2704.155 Certain rent raises prohibited. If a landlord receives emergency
3rental assistance under a federal assistance program, the landlord may not increase
4the amount of rent required to be paid by any tenant for which the emergency rental
5assistance was received for a period of 12 months following the receipt of the
6emergency rental assistance, except that the landlord may increase the amount of

1rent required to be paid by such tenant in an amount not to exceed any increase in
2property taxes for the tenant's rental unit.
AB738,2 3Section 2. 704.17 (1p) (a) of the statutes is amended to read:
AB738,3,114 704.17 (1p) (a) If Except as provided under sub. (3d), if a month-to-month
5tenant or a week-to-week tenant fails to pay rent when due, the tenant's tenancy
6is terminated if the landlord gives the tenant notice requiring the tenant to pay rent
7or vacate on or before a date at least 5 days after the giving of the notice and if the
8tenant fails to pay accordingly. A Except as provided under sub. (3d), a
9month-to-month tenancy is terminated if the landlord, while the tenant is in default
10in payment of rent, gives the tenant notice requiring the tenant to vacate on or before
11a date at least 14 days after the giving of the notice.
AB738,3 12Section 3. 704.17 (2) (a) of the statutes is amended to read:
AB738,3,2413 704.17 (2) (a) If Except as provided under sub. (3d), if a tenant under a lease
14for a term of one year or less, or a year-to-year tenant, fails to pay any installment
15of rent when due, the tenant's tenancy is terminated if the landlord gives the tenant
16notice requiring the tenant to pay rent or vacate on or before a date at least 5 days
17after the giving of the notice and if the tenant fails to pay accordingly. If Except as
18provided in sub. (3d), if
a tenant has been given such a notice and has paid the rent
19on or before the specified date, or been permitted by the landlord to remain in
20possession contrary to such notice, and if within one year of any prior default in
21payment of rent for which notice was given the tenant fails to pay a subsequent
22installment of rent on time, the tenant's tenancy is terminated if the landlord, while
23the tenant is in default in payment of rent, gives the tenant notice to vacate on or
24before a date at least 14 days after the giving of the notice.
AB738,4 25Section 4. 704.17 (3) (a) of the statutes is amended to read:
AB738,4,12
1704.17 (3) (a) If Except as provided under sub. (3d), if a tenant under a lease
2for more than one year fails to pay rent when due, or commits waste, or breaches any
3other covenant or condition of the tenant's lease, the tenancy is terminated if the
4landlord gives the tenant notice requiring the tenant to pay the rent, repair the
5waste, or otherwise comply with the lease on or before a date at least 30 days after
6the giving of the notice, and if the tenant fails to comply with the notice. A tenant
7is deemed to be complying with the notice if promptly upon receipt of the notice the
8tenant takes reasonable steps to remedy the default and proceeds with reasonable
9diligence, or if damages are adequate protection for the landlord and the tenant
10makes a bona fide and reasonable offer to pay the landlord all damages for the
11tenant's breach; but in case of failure to pay rent, all rent due must be paid on or
12before the date specified in the notice.
AB738,5 13Section 5. 704.17 (3d) of the statutes is created to read:
AB738,4,1714 704.17 (3d) Notices during a public health emergency for failure to pay
15rent.
(a) During a public health emergency, as defined in s. 799.40 (5) (a), if a
16residential tenant fails to pay rent when due, the tenant's tenancy is terminated if
17all of the following occur:
AB738,4,1918 1. The landlord gives the tenant notice requiring the tenant to pay rent or
19vacate on or before a date at least 30 days after the giving of the notice.
AB738,4,2020 2. The tenant fails to pay the rent.
AB738,4,2321 3. The landlord applies for and is denied emergency rental assistance under a
22federal assistance program, if such a program exists, or is ineligible for such
23emergency rental assistance.
AB738,4,2424 (b) A notice under par. (a) is valid only if it includes all of the following:
AB738,5,3
11. The name and contact information, including phone number, address, and
2website, of the emergency rental assistance provider serving the county where the
3tenant resides, if applicable.
AB738,5,54 2. The name and contact information, including phone number, address, and
5e-mail address, of the landlord.
AB738,5,86 3. A statement that, if the landlord is qualified to seek emergency rental
7assistance under a federal assistance program, the landlord is required to apply for
8such funds.
AB738,5,109 4. A statement as to whether the landlord is qualified to receive emergency
10rental assistance under a federal assistance program.
AB738,5,1311 5. If the landlord is not qualified to receive emergency rental assistance under
12a federal assistance program, a statement that the tenant may be able to apply for
13emergency rental assistance.
AB738,5,1614 6. A statement that the landlord may not pursue an action for eviction against
15the tenant based on the notice provided under par. (a) if the tenant or the landlord
16applies for and is approved to receive emergency rental assistance.
AB738,5,2017 7. A statement that the landlord may not pursue an action for eviction against
18the tenant based on the notice provided under par. (a) unless the parties participate
19in mediation and are unable to reach a settlement or unless the tenant refuses to
20participate in mediation.
AB738,6 21Section 6. 710.15 (5r) of the statutes is amended to read:
AB738,5,2522 710.15 (5r) Notice requirements apply. The notice requirements of s. 704.17
23(1p) (a), (2) (a) and, (3), and (3d) apply to a termination of tenancy under sub. (5m)
24(a) and the notice requirements of s. 704.17 (1p) (b), (2) (b) and, (3), and (3d) apply
25to a termination of tenancy under sub. (5m) (b) to (k).
AB738,7
1Section 7. 799.40 (1m) of the statutes is amended to read:
AB738,6,72 799.40 (1m) Acceptance of rent or other payment. If Except as provided
3under sub. (5), if
a landlord commences an action under this section against a tenant
4whose tenancy has been terminated for failure to pay rent or for any other reason,
5the action under this section may not be dismissed because the landlord accepts past
6due rent or any other payment from the tenant after serving notice of default or after
7commencing the action.
AB738,8 8Section 8. 799.40 (5) of the statutes is created to read:
AB738,6,109 799.40 (5) Requirements during a public health emergency. (a) In this
10subsection:
AB738,6,1111 1. “Mediation” has the meaning given in s. 802.12 (1) (e).
AB738,6,1612 2. “Public health emergency” means a state of emergency related to public
13health declared under s. 323.10 in response to an infectious disease outbreak or a
14public health emergency declared under 42 USC 247d by the secretary of the federal
15department of health and human services in response to an infectious disease
16outbreak.
AB738,6,1817 (b) During a public health emergency, the court shall stay the proceedings in
18a residential eviction action until all of the following occur:
AB738,6,2419 1. The landlord files proof with the court that he or she has applied for and been
20denied emergency rental assistance under a federal assistance program, if such a
21program exists, or, if the landlord files proof with the court that he or she is ineligible
22for such emergency rental assistance, until the landlord or tenant files proof that the
23tenant has failed to apply for or has applied for and been denied such emergency
24rental assistance, if such a program exists.
AB738,7,3
12. The landlord and tenant notify the court that they have participated in the
2mediation process and are unable to reach a settlement or the landlord notifies the
3court that the tenant has refused to participate in mediation.
AB738,7,84 (c) During a public health emergency, the court shall stay the proceedings in
5a residential eviction action if the tenant or landlord files proof with the court that
6the tenant or landlord has been approved to receive emergency rental assistance
7under a federal assistance program. The stay shall remain in effect until the
8expiration of the public health emergency.
AB738,9 9Section 9. Initial applicability.
AB738,7,1110 (1) The treatment of s. 704.17 (3d) first applies to notices issued on the effective
11date of this subsection.
AB738,7,1212 (End)
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