Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB705 Compare Versions

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

Old	New	Differences
1	1	LRB-3901/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 705
5	5	November 27, 2023 - Introduced by Representatives CLANCY, HONG, MADISON,
6	6	PALMERI, C. ANDERSON, J. ANDERSON, BALDEH, CABRERA, CONLEY, CONSIDINE,
7	7	DRAKE, EMERSON, JACOBSON, JOERS, MOORE OMOKUNDE, SHELTON, SINICKI,
8	8	SNODGRASS, STUBBS, SUBECK and HAYWOOD, cosponsored by Senators LARSON,
9	9	L. JOHNSON and ROYS. Referred to Committee on Judiciary.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 799.40 (4) (a) of the statutes; relating to: the mandatory stay
12	12	of eviction proceedings against a tenant who has applied for emergency
13	13	assistance.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under current law, if a tenant facing eviction applies for emergency assistance
16	16	under the Wisconsin Works (W-2) program, the court must stay the eviction
17	17	proceedings until the tenant's eligibility for emergency assistance is determined and,
18	18	if the tenant is determined to be eligible, until the tenant receives the emergency
19	19	assistance. However, current law provides that the stay may not remain in effect for
20	20	more than 10 working days and that no stay may be granted after a writ of restitution
21	21	of the premises has been issued. Currently, the Department of Children and
22	22	Families administers the W-2 program, which provides, among other things,
23	23	emergency financial assistance to qualifying families who are homeless or who are
24	24	facing impending homelessness.
25	25	This bill eliminates the current law restrictions on the mandatory emergency
26	26	stay in eviction proceedings. In other words, under the bill, a tenant who applies for
27	27	W-2 emergency assistance is entitled to have eviction proceedings stayed even if a
28	28	writ of restitution has been issued, and the stay must remain in effect until the
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31	31	3 - 2 -2023 - 2024 Legislature LRB-3901/1
32	32	KRP:amn
33	33	ASSEMBLY BILL 705
34	34	tenant's eligibility for emergency assistance is determined and, if the tenant is
35	35	determined to be eligible, until the tenant receives the emergency assistance.
36	36	The people of the state of Wisconsin, represented in senate and assembly, do
37	37	enact as follows:
38	38	SECTION 1. 799.40 (4) (a) of the statutes is amended to read:
39	39	799.40 (4) (a) The court shall stay the proceedings in a civil action of eviction
40	40	if the tenant applies for emergency assistance under s. 49.138, except that no stay
41	41	may be granted under this paragraph after a writ of restitution has been issued in
42	42	the proceedings. If a stay is granted, the tenant shall inform the court of the outcome
43	43	of the determination of eligibility for emergency assistance. The stay remains in
44	44	effect until the tenant's eligibility for emergency assistance is determined and, if the
45	45	tenant is determined to be eligible, until the tenant receives the emergency
46	46	assistance, except that the stay may not remain in effect for more than 10 working
47	47	days, as defined in s. 227.01 (14).
48	48	(END)
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