Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB694 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-2760/1
2	2	MCP:emw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 694
5	5	November 27, 2023 - Introduced by Representatives J. ANDERSON, HONG, CLANCY,
6	6	JOERS, MADISON, PALMERI, BALDEH, BILLINGS, CABRERA, CONLEY, DRAKE,
7	7	EMERSON, MOORE OMOKUNDE, OHNSTAD, SHELTON, SINICKI, SNODGRASS, STUBBS
8	8	and SUBECK, cosponsored by Senators LARSON, HESSELBEIN, SPREITZER and
9	9	TAYLOR. Referred to Committee on Housing and Real Estate.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 704.46 of the statutes; relating to: rights of tenants to organize
12	12	and engage in certain activities and providing a penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill specifies certain activities that tenants and tenant organizers are
15	15	allowed to engage in. A “tenant organizer” is defined in the bill as a person who
16	16	assists tenants in establishing and operating a tenant organization. The bill defines
17	17	a “tenant organization” as an organization made up of tenants that exists for the
18	18	purpose, in whole or in part, of communicating with landlords concerning grievances,
19	19	disputes, rent increases, or other terms or conditions of tenancy.
20	20	Under the bill, a landlord or landlord's agent may not interfere with a tenant
21	21	or tenant organizer who is engaging in any of the activities protected under the bill;
22	22	restrict a tenant organizer's access to rental premises in a manner contrary to the
23	23	requirements under the bill; discriminate or retaliate against a tenant or tenant
24	24	organizer for engaging in any of the protected activities, or threaten to do so;
25	25	interfere with or delay any investigations into violations of the provisions of the bill;
26	26	or attend or make an audio recording of any tenant organization meeting.
27	27	The bill specifies that a tenant has a right to join, meet with, or assist other
28	28	tenants; confer with a landlord through a representative of the tenant's choosing;
29	29	and engage in concerted activities with other tenants for the purpose of mutually
30	30	aiding or protecting tenants.
31	31	The bill further specifies that a tenant or tenant organizer has the right to
32	32	distribute literature relating to landlord and tenant issues in common areas of rental
33	33	premises; place literature relating to landlord and tenant issues at or under tenants'
34	34	1
35	35	2 - 2 -2023 - 2024 Legislature LRB-2760/1
36	36	MCP:emw
37	37	ASSEMBLY BILL 694
38	38	doors; post literature relating to landlord and tenant issues on any bulletin boards
39	39	in common areas of rental premises; assist tenants in participating in tenant
40	40	organization activities; convene tenant meetings or tenant organization meetings at
41	41	any reasonable time in any tenant's unit or common area of the rental premises;
42	42	formulate responses to landlord actions, including rent increases, proposed changes
43	43	in facilities and services, and conversion of residential units to nonresidential use;
44	44	propose that the landlord modify the rental premises' facilities and services; and
45	45	engage in any other activity reasonably related to the establishment or operation of
46	46	a tenant organization.
47	47	Under the bill, the Department of Agriculture, Trade and Consumer Protection
48	48	is required to investigate alleged violations of the bill's provisions. A person who
49	49	violates the bill's provisions is subject to a civil forfeiture of not more than $10,000
50	50	for each violation. In addition, a tenant who is injured by a violation of the bill's
51	51	provisions may bring a civil action to recover damages and reasonable attorney fees.
52	52	For further information see the state fiscal estimate, which will be printed as
53	53	an appendix to this bill.
54	54	The people of the state of Wisconsin, represented in senate and assembly, do
55	55	enact as follows:
56	56	SECTION 1. 704.46 of the statutes is created to read:
57	57	704.46 Tenants' right to organize. (1) In this section:
58	58	(a) “Department” means the department of agriculture, trade and consumer
59	59	protection.
60	60	(b) “Tenant organization” means any organization made up of tenants, in which
61	61	tenants may participate, that exists for the purpose, in whole or in part, of engaging
62	62	in communication with any landlord concerning grievances, disputes, rent increases,
63	63	or other terms or conditions of tenancy.
64	64	(c) “Tenant organizer” means a person who assists tenants in establishing and
65	65	operating a tenant organization and who is not a current or prospective employee,
66	66	representative, or agent of any of the landlords of any of the tenants who are
67	67	members of the tenant organization.
68	68	(2) A landlord, or agent of a landlord, may not do any of the following:
69	69	1
70	70	2
71	71	3
72	72	4
73	73	5
74	74	6
75	75	7
76	76	8
77	77	9
78	78	10
79	79	11
80	80	12
81	81	13 - 3 -2023 - 2024 Legislature
82	82	LRB-2760/1
83	83	MCP:emw
84	84	SECTION 1
85	85	ASSEMBLY BILL 694
86	86	(a) Interfere with a tenant or tenant organizer who is engaging in any of the
87	87	activities described in sub. (3) or (4) or restrict a tenant organizer's access to the
88	88	premises in a manner contrary to sub. (5).
89	89	(b) Discriminate or retaliate against any tenant or tenant organizer for
90	90	engaging in any of the activities under sub. (3) or (4), or threaten to do so, including
91	91	by increasing rent, decreasing services, bringing an action for possession of the
92	92	premises, or refusing to renew a lease.
93	93	(c) Interfere with or delay any department investigations into violations of this
94	94	section.
95	95	(d) Attend or make an audio recording of any meeting held under sub. (4) (e)
96	96	unless expressly allowed to do so by the tenant organization or by a majority of the
97	97	tenants in attendance.
98	98	(3) A tenant may do any of the following:
99	99	(a) Join, meet with, or assist other tenants.
100	100	(b) Confer with a landlord through a representative of the tenant's choosing.
101	101	(c) Engage in concerted activities with other tenants for the purpose of
102	102	mutually aiding or protecting tenants.
103	103	(4) A tenant or tenant organizer may do any of the following:
104	104	(a) Distribute literature relating to landlord and tenant issues in common
105	105	areas of the premises.
106	106	(b) Place literature relating to landlord and tenant issues at or under tenants'
107	107	doors.
108	108	(c) Post literature relating to landlord and tenant issues on any bulletin boards
109	109	in common areas of the premises.
110	110	(d) Assist tenants in participating in tenant organization activities.
111	111	1
112	112	2
113	113	3
114	114	4
115	115	5
116	116	6
117	117	7
118	118	8
119	119	9
120	120	10
121	121	11
122	122	12
123	123	13
124	124	14
125	125	15
126	126	16
127	127	17
128	128	18
129	129	19
130	130	20
131	131	21
132	132	22
133	133	23
134	134	24
135	135	25 - 4 -2023 - 2024 Legislature LRB-2760/1
136	136	MCP:emw
137	137	SECTION 1 ASSEMBLY BILL 694
138	138	(e) Convene tenant meetings or tenant organization meetings at any
139	139	reasonable time in any tenant's unit or common area of the premises.
140	140	(f) Formulate responses to landlord actions, including rent increases, proposed
141	141	changes in facilities and services, and conversion of residential units to
142	142	nonresidential use.
143	143	(g) Propose that the landlord modify the premises' facilities and services.
144	144	(h) Engage in any other activity reasonably related to the establishment or
145	145	operation of a tenant organization.
146	146	(5) (a) If a landlord has in place a written policy that favors canvassing, a
147	147	tenant organizer who is not a tenant, and who is not accompanied by a tenant, shall
148	148	be afforded the same privileges and rights of access to the premises as any other
149	149	person who is not an invited guest of a tenant.
150	150	(b) If a landlord does not have in place a consistently enforced, written policy
151	151	against canvassing, the landlord shall be considered to have in place a written policy
152	152	that favors canvassing.
153	153	(c) If a landlord has in place a consistently enforced, written policy against
154	154	canvassing, a tenant shall accompany a tenant organizer who is not a tenant at all
155	155	times while the tenant organizer is on the premises. Such a tenant organizer shall
156	156	be afforded the same privileges and rights of access to the premises as any other
157	157	person who is a tenant's invited guest.
158	158	(6) The department shall investigate alleged violations of this section. The
159	159	department or any district attorney may do any of the following on behalf of the state:
160	160	(a) Bring an action for temporary or permanent injunctive or other relief in any
161	161	circuit court for any violation of this section. The court may, in its discretion, make
162	162	any order or judgment necessary to restore to any person any pecuniary loss suffered
163	163	1
164	164	2
165	165	3
166	166	4
167	167	5
168	168	6
169	169	7
170	170	8
171	171	9
172	172	10
173	173	11
174	174	12
175	175	13
176	176	14
177	177	15
178	178	16
179	179	17
180	180	18
181	181	19
182	182	20
183	183	21
184	184	22
185	185	23
186	186	24
187	187	25 - 5 -2023 - 2024 Legislature
188	188	LRB-2760/1
189	189	MCP:emw
190	190	SECTION 1
191	191	ASSEMBLY BILL 694
192	192	because of a violation of this section if proof of the loss is submitted to the satisfaction
193	193	of the court.
194	194	(b) Bring an action in any circuit court for the recovery of a civil forfeiture
195	195	against any person who violates this section in an amount of not more than $10,000
196	196	for each violation.
197	197	(7) In addition to the remedies otherwise provided by law, a tenant injured by
198	198	a violation of this section may bring a civil action to recover damages together with
199	199	costs, disbursements, and reasonable attorney fees, notwithstanding s. 814.04 (1),
200	200	and any equitable relief as may be determined by the court.
201	201	(8) An agreement to waive the requirements of this section in a residential
202	202	tenancy, including an agreement in a rental agreement, is void.
203	203	(END)
204	204	1
205	205	2
206	206	3
207	207	4
208	208	5
209	209	6
210	210	7
211	211	8
212	212	9
213	213	10
214	214	11
215	215	12