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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 705
November 27, 2023 - Introduced by Representatives CLANCY, HONG, MADISON,
PALMERI, C. ANDERSON, J. ANDERSON, BALDEH, CABRERA, CONLEY, CONSIDINE,
DRAKE, EMERSON, JACOBSON, JOERS, MOORE OMOKUNDE, SHELTON, SINICKI,
SNODGRASS, STUBBS, SUBECK and HAYWOOD, cosponsored by Senators LARSON,
L. JOHNSON and ROYS. Referred to Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 799.40 (4) (a) of the statutes; relating to: the mandatory stay
of eviction proceedings against a tenant who has applied for emergency
assistance.
Analysis by the Legislative Reference Bureau
Under current law, if a tenant facing eviction applies for emergency assistance
under the Wisconsin Works (W-2) program, the court must stay the eviction
proceedings until the tenant's eligibility for emergency assistance is determined and,
if the tenant is determined to be eligible, until the tenant receives the emergency
assistance. However, current law provides that the stay may not remain in effect for
more than 10 working days and that no stay may be granted after a writ of restitution
of the premises has been issued. Currently, the Department of Children and
Families administers the W-2 program, which provides, among other things,
emergency financial assistance to qualifying families who are homeless or who are
facing impending homelessness.
This bill eliminates the current law restrictions on the mandatory emergency
stay in eviction proceedings. In other words, under the bill, a tenant who applies for
W-2 emergency assistance is entitled to have eviction proceedings stayed even if a
writ of restitution has been issued, and the stay must remain in effect until the
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ASSEMBLY BILL 705
tenant's eligibility for emergency assistance is determined and, if the tenant is
determined to be eligible, until the tenant receives the emergency assistance.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 799.40 (4) (a) of the statutes is amended to read:
799.40 (4) (a) The court shall stay the proceedings in a civil action of eviction
if the tenant applies for emergency assistance under s. 49.138, except that no stay
may be granted under this paragraph after a writ of restitution has been issued in
the proceedings. If a stay is granted, the tenant shall inform the court of the outcome
of the determination of eligibility for emergency assistance. The stay remains in
effect until the tenant's eligibility for emergency assistance is determined and, if the
tenant is determined to be eligible, until the tenant receives the emergency
assistance, except that the stay may not remain in effect for more than 10 working
days, as defined in s. 227.01 (14).
(END)
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