Wisconsin Assembly Bill AB698

Wisconsin 2023-2024 Regular Session

• Introduced: 11/27/23
• Refer: 11/27/23
• Failed: 4/15/24

Caption

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

Impact

Beyond the immediate legal realms, AB698 proposes significant changes to state laws regarding landlord-tenant relationships, empowering tenants who may otherwise lack the resources to engage effectively in legal proceedings. Critics of the bill argue that it may complicate the eviction process, potentially prolonging cases, while advocates see it as a vital step toward protecting vulnerable tenants from unjust evictions. The bill emphasizes a humane approach to eviction and seeks to create a more supportive legal environment for tenants, ensuring they have adequate representation when facing potential loss of their homes. The provision for appointing counsel without a determination of indigency is particularly noteworthy, as it contrasts with existing standards that often require proof of low income to qualify for public defense services.

Summary

Assembly Bill 698 aims to establish a statutory right for residential tenants facing eviction to receive legal counsel at public expense. This bill mandates that during eviction proceedings, tenants must be informed of their right to legal representation. The required notice must be attached to the court summons, ensuring that tenants are aware of their rights right from the start of the legal process. If a tenant appears in court without counsel, the court is obliged to ask whether the tenant would like to waive this right; if the tenant chooses not to waive it, legal counsel must be appointed, effectively halting the eviction process until legal representation is secured. The bill also includes stipulations for landlords to provide similar written notification regarding this right during eviction notices.

Contention

While AB698 has garnered support for its intention to protect tenant rights, it also faces scrutiny regarding its feasibility and the logistical implications of implementing such a widespread requirement. Concerns about the potential increase in operational costs for the state, along with the resources necessary to provide adequate legal support for additional tenants, have been raised. Furthermore, there are fears that the extensive delays authorized by the requirement to appoint counsel may hinder landlords' ability to reclaim their properties in a timely manner. Thus, the discussion around AB698 reveals a broader debate about balancing tenants' rights with landlords' rights and the practicalities of the legal system.