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2021 - 2022 LEGISLATURE
February 12, 2021 - Introduced by Representatives Thiesfeldt, Skowronski,
Armstrong, Bowen, Brandtjen, Callahan, Drake, Emerson, Gundrum,
Horlacher, Knodl, Moses, Plumer, Rozar, Snodgrass, Subeck and
Wichgers, cosponsored by Senators Jacque, L. Taylor, Bernier, Bradley,
Carpenter, Johnson, Ringhand and Roys. Referred to Committee on Housing
and Real Estate.
AB58,1,4 1An Act to amend 704.16 (1) (b) (intro.), 704.16 (1) (b) 1., 704.16 (1) (b) 2., 704.16
2(1) (b) 3., 704.16 (1) (b) 4., 704.16 (1) (b) 5., 704.16 (1) (b) 6., 704.16 (1) (b) 7. and
3704.16 (2); and to create 704.01 (3e), 704.16 (1) (b) 8. and 704.16 (2m) of the
4statutes; relating to: terminating a tenancy for fear of imminent violence.
Analysis by the Legislative Reference Bureau
This bill allows a residential tenant to terminate his or her tenancy if the tenant
or the tenant's child fears imminent violence and faces an imminent threat of serious
physical harm from another person if the tenant remains on the premises. To
terminate tenancy under the bill, a tenant must provide the landlord with written
notice and a written statement by a social worker, victim advocate, or child victim
advocate who has a reasonable basis to believe that the tenant is a victim of sexual
assault, stalking, or an act of domestic abuse. The bill requires the written statement
to be made on a form created by the Department of Children and Families. The bill
also prohibits a landlord from disclosing certain information in the notice or written
statement provided by a tenant. If the tenant leaves the premises because of fear of
imminent violence under the bill, the tenant is not liable for any rent after the end
of the month following the month that the tenant leaves the premises or provides
notice to the landlord, whichever is later.
Under current law, a residential tenant may terminate his or her tenancy if the
tenant or child of the tenant faces an imminent threat of serious physical harm from
another person if the tenant remains on the premises and if the tenant provides the

landlord with written notice and a certified copy of certain injunction orders,
criminal complaints, or bail conditions related to the person.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB58,1 1Section 1. 704.01 (3e) of the statutes is created to read:
AB58,2,22 704.01 (3e) “Qualified specialist” means any of the following:
AB58,2,43 (a) A social worker, advanced practice social worker, independent social worker,
4or clinical social worker authorized to practice under ch. 457.
AB58,2,55 (b) A victim advocate, as defined in s. 905.045 (1) (e).
AB58,2,66 (c) A child victim advocate, as defined in s. 813.122 (1) (d).
AB58,2 7Section 2 . 704.16 (1) (b) (intro.) of the statutes is amended to read:
AB58,2,98 704.16 (1) (b) (intro.) The tenant provides the landlord with notice in the
9manner provided under s. 704.21 and with a certified copy of any of the following:
AB58,3 10Section 3 . 704.16 (1) (b) 1. of the statutes is amended to read:
AB58,2,1211 704.16 (1) (b) 1. An A certified copy of an injunction order under s. 813.12 (4)
12protecting the tenant from the person.
AB58,4 13Section 4 . 704.16 (1) (b) 2. of the statutes is amended to read:
AB58,2,1514 704.16 (1) (b) 2. An A certified copy of an injunction order under s. 813.122
15protecting a child of the tenant from the person.
AB58,5 16Section 5 . 704.16 (1) (b) 3. of the statutes is amended to read:
AB58,2,2017 704.16 (1) (b) 3. An A certified copy of an injunction order under s. 813.125 (4)
18protecting the tenant or a child of the tenant from the person, based on the person's
19engaging in an act that would constitute sexual assault under s. 940.225, 948.02, or
20948.025, or stalking under s. 940.32, or attempting or threatening to do the same.
AB58,6 21Section 6 . 704.16 (1) (b) 4. of the statutes is amended to read:
AB58,3,2
1704.16 (1) (b) 4. A certified copy of a condition of release under ch. 969 ordering
2the person not to contact the tenant.
AB58,7 3Section 7 . 704.16 (1) (b) 5. of the statutes is amended to read:
AB58,3,64 704.16 (1) (b) 5. A certified copy of a criminal complaint alleging that the person
5sexually assaulted the tenant or a child of the tenant under s. 940.225, 948.02, or
6948.025.
AB58,8 7Section 8 . 704.16 (1) (b) 6. of the statutes is amended to read:
AB58,3,98 704.16 (1) (b) 6. A certified copy of a criminal complaint alleging that the person
9stalked the tenant or a child of the tenant under s. 940.32.
AB58,9 10Section 9 . 704.16 (1) (b) 7. of the statutes is amended to read:
AB58,3,1311 704.16 (1) (b) 7. A certified copy of a criminal complaint that was filed against
12the person as a result of the person being arrested for committing a domestic abuse
13offense against the tenant under s. 968.075.
AB58,10 14Section 10 . 704.16 (1) (b) 8. of the statutes is created to read:
AB58,3,2215 704.16 (1) (b) 8. A written statement on a form created by the department of
16children and families signed by a qualified specialist stating that the qualified
17specialist has a reasonable basis to believe that the tenant or a child of the tenant
18is a victim of sexual assault under s. 940.225 or 948.02, stalking under s. 940.32, or
19an act of domestic abuse, as defined in s. 813.12 (1) (am), and that the tenant fears
20imminent violence against the tenant or a child of the tenant if the tenant remains
21on the premises. The department of children and families shall create a form for the
22written statements of qualified specialists under this subdivision.
AB58,11 23Section 11. 704.16 (2) of the statutes is amended to read:
AB58,4,724 704.16 (2) Not liable for rent. If a residential tenant removes from the
25premises because of a threat of serious physical harm to the tenant or to a child of

1the tenant from another person and provides the landlord with a certified copy
2specified under sub. (1) (b) 1. to 7. or a statement specified in sub. (1) (b) 8., and with
3notice that complies with s. 704.21, the tenant shall not be liable for any rent after
4the end of the month following the month in which he or she provides the notice or
5removes from the premises, whichever is later. The tenant's liability for rent under
6this subsection is subject to the landlord's duty to mitigate damages as provided in
7s. 704.29 (2).
AB58,12 8Section 12. 704.16 (2m) of the statutes is created to read:
AB58,4,109 704.16 (2m) Disclosure. (a) 1. Except as provided in subd. 2., a landlord may
10not disclose any of the following:
AB58,4,1211 a. Information contained in a document specified under sub. (1) (b) 8. or in a
12notice that accompanies the document.
AB58,4,1413 b. The address or location to which a former tenant who terminates tenancy by
14providing notice and a written statement under sub. (1) (b) 8. has relocated.
AB58,4,1615 c. The status of a former tenant who terminates tenancy by providing notice
16and a written statement under sub. (1) (b) 8. as a victim of violence.
AB58,4,2017 2. Information described in subd. 1. may not be entered into any shared
18database but if the tenant consents may be used as evidence in an eviction proceeding
19or an action for unpaid rent or damages arising out of a tenancy or as otherwise
20required by law.
AB58,5,221 (b) If a landlord seeks to protect other tenants in a building, the landlord may
22request that a tenant who terminates tenancy by providing notice and a written
23statement under sub. (1) (b) 8. disclose the name of the person causing the tenant fear
24of imminent violence under sub. (1) (b) 8. For the safety of the tenant or an

1authorized occupant, the tenant may decline to provide the name of the person
2causing the tenant fear of imminent violence.
AB58,5,33 (End)
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