Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB706 Compare Versions

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

Old	New	Differences
1	1	LRB-3893/1
2	2	MCP:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 706
5	5	November 27, 2023 - Introduced by Representatives MADISON, CLANCY, RATCLIFF,
6	6	PALMERI, BALDEH, CABRERA, DRAKE, EMERSON, SHELTON, SINICKI, SNODGRASS,
7	7	STUBBS, C. ANDERSON, J. ANDERSON, CONLEY, HONG, JACOBSON, JOERS, MOORE
8	8	OMOKUNDE, OHNSTAD and SUBECK, cosponsored by Senators ROYS, LARSON,
9	9	HESSELBEIN, L. JOHNSON and SPREITZER. Referred to Committee on Housing
10	10	and Real Estate.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 704.07 (4), 704.45 (1) (c) and 704.45 (2); and to create 704.07
13	13	(6) and 704.45 (1m) of the statutes; relating to: rent abatement and retaliatory
14	14	conduct and granting rule-making authority.
15	15	Analysis by the Legislative Reference Bureau
16	16	Under current law, a tenant may withhold (abate) rent if the rental premises
17	17	is in such disrepair that it affects the health or safety of the tenant or substantially
18	18	affects the use and occupancy of the premises. Current law allows a tenant to abate
19	19	rent to the extent that the tenant is deprived of the full normal use of the premises,
20	20	but prohibits a tenant from withholding rent in full if the tenant remains in
21	21	possession of the premises.
22	22	This bill provides that, in these situations, a tenant may abate rent in
23	23	accordance with a rent abatement schedule promulgated by the Department of
24	24	Agriculture, Trade and Consumer Protection by rule, if available, and directs DATCP
25	25	to create such a schedule. The bill also allows rent to be abated in full.
26	26	In addition, if a tenant complains to the landlord or to a local housing code
27	27	agency about a defect in a residential premises, current law prohibits the landlord
28	28	from retaliating against the tenant by increasing rent, decreasing services, bringing
29	29	an eviction action, refusing to renew a lease, or threatening to do any of these things.
30	30	This bill clarifies that a landlord may not retaliate against a tenant for the
31	31	reasonable abatement of rent. The bill also provides that if a landlord in a residential
32	32	tenancy increases rent, decreases services, brings an action for possession of the
33	33	premises, refuses to renew a lease, or threatens to do any of these things, such action
34	34	1
35	35	2
36	36	3 - 2 -2023 - 2024 Legislature LRB-3893/1
37	37	MCP:skw
38	38	ASSEMBLY BILL 706
39	39	is presumed to be a prohibited retaliatory action if the tenant has complained to the
40	40	landlord or to a local housing code agency about a defect in a residential premises or
41	41	exercised any of the tenant's legal rights relating to his or her tenancy, including
42	42	reasonably abating rent, at any point in the preceding 12 months.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 704.07 (4) of the statutes is amended to read:
46	46	704.07 (4) UNTENANTABILITY. If the premises become untenantable because of
47	47	damage by fire, water, or other casualty or because of any condition hazardous to
48	48	health, or if there is a substantial violation of sub. (2) materially affecting the health
49	49	or safety of the tenant, the tenant may remove from the premises unless the landlord
50	50	proceeds promptly to repair or rebuild or eliminate the health hazard or the
51	51	substantial violation of sub. (2) materially affecting the health or safety of the tenant;
52	52	or the tenant may remove if the inconvenience to the tenant by reason of the nature
53	53	and period of repair, rebuilding, or elimination would impose undue hardship on the
54	54	tenant. If the tenant remains in possession and the condition materially affects the
55	55	health or safety of the tenant or substantially affects the use and occupancy of the
56	56	premises, rent abates to the extent the tenant is deprived of the full normal use of
57	57	the premises in accordance with a rent abatement schedule promulgated under sub.
58	58	(6), if available. This section does not authorize rent to be withheld in full, if the
59	59	tenant remains in possession. If the tenant justifiably moves out under this
60	60	subsection, the tenant is not liable for rent after the premises become untenantable
61	61	and the landlord must repay any rent paid in advance apportioned to the period after
62	62	the premises become untenantable. This subsection is inapplicable if the damage or
63	63	condition is caused by negligence or improper use by the tenant.
64	64	SECTION 2. 704.07 (6) of the statutes is created to read:
65	65	1
66	66	2
67	67	3
68	68	4
69	69	5
70	70	6
71	71	7
72	72	8
73	73	9
74	74	10
75	75	11
76	76	12
77	77	13
78	78	14
79	79	15
80	80	16
81	81	17
82	82	18
83	83	19
84	84	20 - 3 -2023 - 2024 Legislature
85	85	LRB-3893/1
86	86	MCP:skw
87	87	SECTION 2
88	88	ASSEMBLY BILL 706
89	89	704.07 (6) RENT ABATEMENT SCHEDULE. The department of agriculture, trade
90	90	and consumer protection shall promulgate, by rule, a rent abatement schedule.
91	91	SECTION 3. 704.45 (1) (c) of the statutes is amended to read:
92	92	704.45 (1) (c) Exercising a legal right relating to residential tenancies,
93	93	including the reasonable abatement of rent.
94	94	SECTION 4. 704.45 (1m) of the statutes is created to read:
95	95	704.45 (1m) If a landlord in a residential tenancy increases rent, decreases
96	96	services, brings an action for possession of the premises, refuses to renew a lease, or
97	97	threatens any of the foregoing, such action shall be presumed to be a prohibited
98	98	retaliatory action under sub. (1) if the tenant has taken any of the actions described
99	99	in sub. (1) (a) to (c) in the preceding 12 months.
100	100	SECTION 5. 704.45 (2) of the statutes is amended to read:
101	101	704.45 (2) Notwithstanding sub. (1), a landlord may bring an action for
102	102	possession of the premises if the tenant has not paid rent other than a rent increase
103	103	prohibited by sub. (1) or an abatement of rent under s. 704.07.
104	104	(END)
105	105	1
106	106	2
107	107	3
108	108	4
109	109	5
110	110	6
111	111	7
112	112	8
113	113	9
114	114	10
115	115	11
116	116	12
117	117	13
118	118	14
119	119	15
120	120	16