Wisconsin Senate Bill SB658

Wisconsin 2023-2024 Regular Session

• Introduced: 11/9/23
• Refer: 11/9/23
• Failed: 4/15/24

Caption

A residential tenant's right to counsel in an eviction action and making an appropriation. (FE)

Impact

The legislation introduces significant changes to existing laws governing eviction processes. Specifically, it amends various statutes to require that eviction notices include information regarding a tenant's right to counsel. The bill further ensures that tenants cannot be evicted without being given the opportunity to seek legal assistance, thereby potentially reducing the incidence of unjust evictions. This could have a positive impact on housing stability for low-income individuals and families who might otherwise face eviction without adequate legal support.

Summary

Senate Bill 658 establishes a right to counsel for residential tenants facing eviction actions in Wisconsin. The bill mandates that tenants must be informed of their right to legal representation at public expense, and provides that if a tenant requests counsel, the court is required to appoint legal representation if the tenant does not waive this right. Furthermore, the court proceedings will be stayed until legal counsel is appointed, ensuring that tenants have adequate time to prepare their defense against eviction. This legislation aims to enhance protections for tenants and ensure fair legal representation in eviction proceedings.

Contention

While the bill is largely seen as a step forward for tenant rights, it has generated some debate. Proponents argue that access to legal counsel can mitigate the power imbalance between landlords and tenants, thereby ensuring a fairer legal process. Critics, however, express concerns about the potential burden on the state's public defender resources and the administrative implications for the court system. There is also apprehension about how quickly legal counsel can be appointed, which could delay eviction proceedings and impact landlords' rights to reclaim their properties.