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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 706
November 27, 2023 - Introduced by Representatives MADISON, CLANCY, RATCLIFF,
PALMERI, BALDEH, CABRERA, DRAKE, EMERSON, SHELTON, SINICKI, SNODGRASS,
STUBBS, C. ANDERSON, J. ANDERSON, CONLEY, HONG, JACOBSON, JOERS, MOORE
OMOKUNDE, OHNSTAD and SUBECK, cosponsored by Senators ROYS, LARSON,
HESSELBEIN, L. JOHNSON and SPREITZER. Referred to Committee on Housing
and Real Estate.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 704.07 (4), 704.45 (1) (c) and 704.45 (2); and to create 704.07
(6) and 704.45 (1m) of the statutes; relating to: rent abatement and retaliatory
conduct and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, a tenant may withhold (abate) rent if the rental premises
is in such disrepair that it affects the health or safety of the tenant or substantially
affects the use and occupancy of the premises. Current law allows a tenant to abate
rent to the extent that the tenant is deprived of the full normal use of the premises,
but prohibits a tenant from withholding rent in full if the tenant remains in
possession of the premises.
This bill provides that, in these situations, a tenant may abate rent in
accordance with a rent abatement schedule promulgated by the Department of
Agriculture, Trade and Consumer Protection by rule, if available, and directs DATCP
to create such a schedule. The bill also allows rent to be abated in full.
In addition, if a tenant complains to the landlord or to a local housing code
agency about a defect in a residential premises, current law prohibits the landlord
from retaliating against the tenant by increasing rent, decreasing services, bringing
an eviction action, refusing to renew a lease, or threatening to do any of these things.
This bill clarifies that a landlord may not retaliate against a tenant for the
reasonable abatement of rent. The bill also provides that if a landlord in a residential
tenancy increases rent, decreases services, brings an action for possession of the
premises, refuses to renew a lease, or threatens to do any of these things, such action
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ASSEMBLY BILL 706
is presumed to be a prohibited retaliatory action if the tenant has complained to the
landlord or to a local housing code agency about a defect in a residential premises or
exercised any of the tenant's legal rights relating to his or her tenancy, including
reasonably abating rent, at any point in the preceding 12 months.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 704.07 (4) of the statutes is amended to read:
704.07 (4) UNTENANTABILITY. If the premises become untenantable because of
damage by fire, water, or other casualty or because of any condition hazardous to
health, or if there is a substantial violation of sub. (2) materially affecting the health
or safety of the tenant, the tenant may remove from the premises unless the landlord
proceeds promptly to repair or rebuild or eliminate the health hazard or the
substantial violation of sub. (2) materially affecting the health or safety of the tenant;
or the tenant may remove if the inconvenience to the tenant by reason of the nature
and period of repair, rebuilding, or elimination would impose undue hardship on the
tenant. If the tenant remains in possession and the condition materially affects the
health or safety of the tenant or substantially affects the use and occupancy of the
premises, rent abates to the extent the tenant is deprived of the full normal use of
the premises in accordance with a rent abatement schedule promulgated under sub.
(6), if available. This section does not authorize rent to be withheld in full, if the
tenant remains in possession. If the tenant justifiably moves out under this
subsection, the tenant is not liable for rent after the premises become untenantable
and the landlord must repay any rent paid in advance apportioned to the period after
the premises become untenantable. This subsection is inapplicable if the damage or
condition is caused by negligence or improper use by the tenant.
SECTION 2. 704.07 (6) of the statutes is created to read:
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SECTION 2
ASSEMBLY BILL 706
704.07 (6) RENT ABATEMENT SCHEDULE. The department of agriculture, trade
and consumer protection shall promulgate, by rule, a rent abatement schedule.
SECTION 3. 704.45 (1) (c) of the statutes is amended to read:
704.45 (1) (c) Exercising a legal right relating to residential tenancies,
including the reasonable abatement of rent.
SECTION 4. 704.45 (1m) of the statutes is created to read:
704.45 (1m) If a landlord in a residential tenancy increases rent, decreases
services, brings an action for possession of the premises, refuses to renew a lease, or
threatens any of the foregoing, such action shall be presumed to be a prohibited
retaliatory action under sub. (1) if the tenant has taken any of the actions described
in sub. (1) (a) to (c) in the preceding 12 months.
SECTION 5. 704.45 (2) of the statutes is amended to read:
704.45 (2) Notwithstanding sub. (1), a landlord may bring an action for
possession of the premises if the tenant has not paid rent other than a rent increase
prohibited by sub. (1) or an abatement of rent under s. 704.07.
(END)
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