WI
Wisconsin Assembly Bill AB712

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB712 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 LRB-4143/1
22 MCP:skw
33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 712
55 November 27, 2023 - Introduced by Representatives HONG, J. ANDERSON, CLANCY,
66 MADISON, RATCLIFF, BALDEH, CABRERA, DRAKE, SHELTON, SINICKI, SNODGRASS,
77 STUBBS, EMERSON, MOORE OMOKUNDE, PALMERI, CONSIDINE, JOERS and
88 HAYWOOD, cosponsored by Senators AGARD, LARSON and L. JOHNSON. Referred
99 to Committee on Housing and Real Estate.
1010 ***AUTHORS SUBJECT TO CHANGE***
1111 AN ACT to renumber and amend 704.17 (1p) (a), 704.17 (2) (a) and 704.17 (3)
1212 (a); to amend 704.17 (3m) (b) 1., 710.15 (5r) and 799.40 (1m); and to create
1313 704.155, 704.17 (1p) (a) 2., 704.17 (1p) (a) 3., 704.17 (2) (a) 2., 704.17 (2) (a) 3.,
1414 704.17 (3) (a) 1., 704.17 (3) (a) 2., 704.17 (3) (a) 3., 704.17 (6) and 799.40 (4) (c)
1515 and (d) of the statutes; relating to: requiring landlords or tenants to apply for
1616 emergency rental assistance and participate in mediation prior to eviction and
1717 prohibiting certain rent increases.
1818 Analysis by the Legislative Reference Bureau
1919 Under current law, if a tenant is late in paying rent, the landlord may give the
2020 tenant a notice that requires the tenant to pay rent or vacate within at least five days
2121 after the notice is given. If the tenant fails to pay the rent by that date, the tenancy
2222 is terminated. Under certain circumstances, if a tenant is late in paying rent, the
2323 landlord may give the tenant a notice requiring the tenant to vacate within at least
2424 14 days after the notice is given without the option to cure by paying rent. Under
2525 current law, a landlord may bring a small claims eviction action against a tenant
2626 whose tenancy has been terminated for failure to pay rent.
2727 Under this bill, if a residential tenant fails to pay rent when due, the tenant's
2828 tenancy is terminated only if the landlord gives the tenant a notice that requires the
2929 tenant to pay rent or vacate within at least 30 days after the notice is given; the
3030 1
3131 2
3232 3
3333 4
3434 5
3535 6
3636 7 - 2 -2023 - 2024 Legislature LRB-4143/1
3737 MCP:skw
3838 ASSEMBLY BILL 712
3939 tenant fails to pay the rent; and the landlord applies for and is denied emergency
4040 rental assistance under a local, state, or federal assistance program, if such a
4141 program exists, or is ineligible for such emergency rental assistance. Under the bill,
4242 a 30-day notice must include certain information, including contact information for
4343 the emergency rental assistance provider serving the county where the tenant
4444 resides; a statement as to whether the landlord is qualified to receive emergency
4545 rental assistance under a rental assistance program, and, if eligible, that the
4646 landlord is required to apply for such funds; a statement that, if the landlord is
4747 ineligible for such funds, the tenant may be able to apply for emergency rental
4848 assistance; and a statement that the landlord may not pursue an action for eviction
4949 against the tenant for failure to pay rent if the tenant or the landlord applies for and
5050 is approved to receive emergency rental assistance, and may not pursue an action for
5151 eviction unless the landlord and tenant participate in mediation and are unable to
5252 reach a settlement or the landlord shows that the tenant has refused to participate
5353 in mediation.
5454 The bill also requires a court to stay the proceedings in a residential eviction
5555 action until the landlord files proof with the court that he or she has applied for and
5656 been denied emergency rental assistance under a local, state, or federal assistance
5757 program, if such a program exists, or, if the landlord is ineligible for such emergency
5858 rental assistance, that the tenant has either failed to apply or has applied for and
5959 been denied such emergency rental assistance; and until the landlord and tenant
6060 notify the court that they have participated in mediation and are unable to reach a
6161 settlement or the landlord notifies the court that the tenant has refused to
6262 participate in mediation. In addition, a court must stay residential eviction
6363 proceedings if either the tenant or the landlord has been approved to receive
6464 emergency rental assistance.
6565 Finally, the bill prohibits a landlord that receives emergency rental assistance
6666 under a local, state, or federal assistance program from raising the tenant's rent for
6767 12 months, except that the landlord may raise rent to cover any increase in property
6868 taxes for the tenant's rental unit.
6969 The people of the state of Wisconsin, represented in senate and assembly, do
7070 enact as follows:
7171 SECTION 1. 704.155 of the statutes is created to read:
7272 704.155 Certain rent raises prohibited. If a landlord receives emergency
7373 rental assistance under a local, state, or federal assistance program, the landlord
7474 may not increase the amount of rent required to be paid by any tenant for which the
7575 emergency rental assistance was received for a period of 12 months following the
7676 receipt of the emergency rental assistance, except that the landlord may increase the
7777 1
7878 2
7979 3
8080 4
8181 5
8282 6 - 3 -2023 - 2024 Legislature
8383 LRB-4143/1
8484 MCP:skw
8585 SECTION 1
8686 ASSEMBLY BILL 712
8787 amount of rent required to be paid by such tenant in an amount not to exceed any
8888 increase in property taxes for the tenant's rental unit.
8989 SECTION 2. 704.17 (1p) (a) of the statutes is renumbered 704.17 (1p) (a) (intro.)
9090 and amended to read:
9191 704.17 (1p) (a) (intro.) If a month-to-month tenant or a week-to-week tenant
9292 fails to pay rent when due, the tenant's tenancy is terminated if the all of the
9393 following occur:
9494 1. The landlord gives the tenant notice requiring the tenant to pay rent or
9595 vacate on or before a date at least 5 30 days after the giving of the notice and if the
9696 tenant fails to pay accordingly. A month-to-month tenancy is terminated if the
9797 landlord, while the tenant is in default in payment of rent, gives the tenant notice
9898 requiring the tenant to vacate on or before a date at least 14 days after the giving of
9999 the notice.
100100 SECTION 3. 704.17 (1p) (a) 2. of the statutes is created to read:
101101 704.17 (1p) (a) 2. The tenant fails to pay the rent.
102102 SECTION 4. 704.17 (1p) (a) 3. of the statutes is created to read:
103103 704.17 (1p) (a) 3. The landlord applies for and is denied emergency rental
104104 assistance under a local, state, or federal assistance program, if such a program
105105 exists, or is ineligible for such emergency rental assistance.
106106 SECTION 5. 704.17 (2) (a) of the statutes is renumbered 704.17 (2) (a) (intro.)
107107 and amended to read:
108108 704.17 (2) (a) (intro.) If a tenant under a lease for a term of one year or less, or
109109 a year-to-year tenant, fails to pay any installment of rent when due, the tenant's
110110 tenancy is terminated if the all of the following occur:
111111 1
112112 2
113113 3
114114 4
115115 5
116116 6
117117 7
118118 8
119119 9
120120 10
121121 11
122122 12
123123 13
124124 14
125125 15
126126 16
127127 17
128128 18
129129 19
130130 20
131131 21
132132 22
133133 23
134134 24 - 4 -2023 - 2024 Legislature LRB-4143/1
135135 MCP:skw
136136 SECTION 5 ASSEMBLY BILL 712
137137 1. The landlord gives the tenant notice requiring the tenant to pay rent or
138138 vacate on or before a date at least 5 30 days after the giving of the notice and if the
139139 tenant fails to pay accordingly. If a tenant has been given such a notice and has paid
140140 the rent on or before the specified date, or been permitted by the landlord to remain
141141 in possession contrary to such notice, and if within one year of any prior default in
142142 payment of rent for which notice was given the tenant fails to pay a subsequent
143143 installment of rent on time, the tenant's tenancy is terminated if the landlord, while
144144 the tenant is in default in payment of rent, gives the tenant notice to vacate on or
145145 before a date at least 14 days after the giving of the notice.
146146 SECTION 6. 704.17 (2) (a) 2. of the statutes is created to read:
147147 704.17 (2) (a) 2. The tenant fails to pay the rent.
148148 SECTION 7. 704.17 (2) (a) 3. of the statutes is created to read:
149149 704.17 (2) (a) 3. The landlord applies for and is denied emergency rental
150150 assistance under a local, state, or federal assistance program, if such a program
151151 exists, or is ineligible for such emergency rental assistance.
152152 SECTION 8. 704.17 (3) (a) of the statutes is renumbered 704.17 (3) (a) (intro.)
153153 and amended to read:
154154 704.17 (3) (a) (intro.) If a tenant under a lease for more than one year fails to
155155 pay rent when due, or the tenant's tenancy is terminated if all of the following occur:
156156 (am) If a tenant under a lease for more than one year commits waste, or
157157 breaches any other covenant or condition of the tenant's lease, the tenancy is
158158 terminated if the landlord gives the tenant notice requiring the tenant to pay the
159159 rent, repair the waste, or otherwise comply with the lease on or before a date at least
160160 30 days after the giving of the notice, and if the tenant fails to comply with the notice.
161161 A tenant is deemed to be complying with the notice if promptly upon receipt of the
162162 1
163163 2
164164 3
165165 4
166166 5
167167 6
168168 7
169169 8
170170 9
171171 10
172172 11
173173 12
174174 13
175175 14
176176 15
177177 16
178178 17
179179 18
180180 19
181181 20
182182 21
183183 22
184184 23
185185 24
186186 25 - 5 -2023 - 2024 Legislature
187187 LRB-4143/1
188188 MCP:skw
189189 SECTION 8
190190 ASSEMBLY BILL 712
191191 notice the tenant takes reasonable steps to remedy the default and proceeds with
192192 reasonable diligence, or if damages are adequate protection for the landlord and the
193193 tenant makes a bona fide and reasonable offer to pay the landlord all damages for
194194 the tenant's breach; but in case of failure to pay rent, all rent due must be paid on
195195 or before the date specified in the notice.
196196 SECTION 9. 704.17 (3) (a) 1. of the statutes is created to read:
197197 704.17 (3) (a) 1. The landlord gives the tenant notice requiring the tenant to
198198 pay rent or vacate on or before a date at least 30 days after the giving of the notice.
199199 SECTION 10. 704.17 (3) (a) 2. of the statutes is created to read:
200200 704.17 (3) (a) 2. The tenant fails to pay the rent.
201201 SECTION 11. 704.17 (3) (a) 3. of the statutes is created to read:
202202 704.17 (3) (a) 3. The landlord applies for and is denied emergency rental
203203 assistance under a local, state, or federal assistance program, if such a program
204204 exists, or is ineligible for such emergency rental assistance.
205205 SECTION 12. 704.17 (3m) (b) 1. of the statutes is amended to read:
206206 704.17 (3m) (b) 1. Notwithstanding subs. (1p) (b), (2) (b), and (3) (a) (am), and
207207 except as provided in par. (c), a landlord may, upon notice to the tenant, terminate
208208 the tenancy of a tenant, without giving the tenant an opportunity to remedy the
209209 default, if the tenant, a member of the tenant's household, or a guest or other invitee
210210 of the tenant or of a member of the tenant's household engages in any criminal
211211 activity that threatens the health or safety of, or right to peaceful enjoyment of the
212212 premises by, other tenants; engages in any criminal activity that threatens the
213213 health or safety of, or right to peaceful enjoyment of their residences by, persons
214214 residing in the immediate vicinity of the premises; engages in any criminal activity
215215 that threatens the health or safety of the landlord or an agent or employee of the
216216 1
217217 2
218218 3
219219 4
220220 5
221221 6
222222 7
223223 8
224224 9
225225 10
226226 11
227227 12
228228 13
229229 14
230230 15
231231 16
232232 17
233233 18
234234 19
235235 20
236236 21
237237 22
238238 23
239239 24
240240 25 - 6 -2023 - 2024 Legislature LRB-4143/1
241241 MCP:skw
242242 SECTION 12 ASSEMBLY BILL 712
243243 landlord; or engages in any drug-related criminal activity on or near the premises.
244244 The notice shall require the tenant to vacate on or before a date at least 5 days after
245245 the giving of the notice. The notice shall state the basis for its issuance; include a
246246 description of the criminal activity or drug-related criminal activity, the date on
247247 which the activity took place, and the identity or description of the individuals
248248 engaging in the activity; advise the tenant that he or she may seek the assistance of
249249 legal counsel, a volunteer legal clinic, or a tenant resource center; and state that the
250250 tenant has the right to contest the allegations in the notice before a court
251251 commissioner or judge if an eviction action is filed. If the tenant contests the
252252 termination of tenancy, the tenancy may not be terminated without proof by the
253253 landlord by the greater preponderance of the credible evidence of the allegation in
254254 the notice.
255255 SECTION 13. 704.17 (6) of the statutes is created to read:
256256 704.17 (6) NOTICES FOR FAILURE TO PAY RENT. A notice under sub. (1p) (a), (2) (a),
257257 or (3) (a) is valid only if it includes all of the following:
258258 (a) The name and contact information, including phone number, address, and
259259 website, of the emergency rental assistance provider serving the county where the
260260 tenant resides, if applicable.
261261 (b) The name and contact information, including phone number, address, and
262262 email address, of the landlord.
263263 (c) A statement that, if the landlord is qualified to seek emergency rental
264264 assistance under a local, state, or federal assistance program, the landlord is
265265 required to apply for such rental assistance.
266266 (d) A statement as to whether the landlord is qualified to receive emergency
267267 rental assistance under a local, state, or federal assistance program.
268268 1
269269 2
270270 3
271271 4
272272 5
273273 6
274274 7
275275 8
276276 9
277277 10
278278 11
279279 12
280280 13
281281 14
282282 15
283283 16
284284 17
285285 18
286286 19
287287 20
288288 21
289289 22
290290 23
291291 24
292292 25 - 7 -2023 - 2024 Legislature
293293 LRB-4143/1
294294 MCP:skw
295295 SECTION 13
296296 ASSEMBLY BILL 712
297297 (e) If the landlord is not qualified to receive emergency rental assistance under
298298 a local, state, or federal assistance program, a statement that the tenant may be able
299299 to apply for emergency rental assistance.
300300 (f) A statement that the landlord may not pursue an action for eviction against
301301 the tenant on the basis of the notice provided under sub. (1p) (a), (2) (a), or (3) (a) if
302302 the tenant or the landlord applies for and is approved to receive emergency rental
303303 assistance under a local, state, or federal assistance program.
304304 (g) A statement that the landlord may not pursue an action for eviction against
305305 the tenant on the basis of the notice provided under sub. (1p) (a), (2) (a), or (3) (a)
306306 unless the parties participate in mediation and are unable to reach a settlement or
307307 unless the tenant refuses to participate in mediation.
308308 SECTION 14. 710.15 (5r) of the statutes is amended to read:
309309 710.15 (5r) NOTICE REQUIREMENTS APPLY. The notice requirements of s. 704.17
310310 (1p) (a), (2) (a), and (3) (a) apply to a termination of tenancy under sub. (5m) (a) and
311311 the notice requirements of s. 704.17 (1p) (b), (2) (b), and (3) (am) apply to a
312312 termination of tenancy under sub. (5m) (b) to (k).
313313 SECTION 15. 799.40 (1m) of the statutes is amended to read:
314314 799.40 (1m) ACCEPTANCE OF RENT OR OTHER PAYMENT. If Except as provided
315315 under sub. (4) (c) 1. or (d), if a landlord commences an action under this section
316316 against a tenant whose tenancy has been terminated for failure to pay rent or for any
317317 other reason, the action under this section may not be dismissed because the landlord
318318 accepts past due rent or any other payment from the tenant after serving notice of
319319 default or after commencing the action.
320320 SECTION 16. 799.40 (4) (c) and (d) of the statutes are created to read:
321321 1
322322 2
323323 3
324324 4
325325 5
326326 6
327327 7
328328 8
329329 9
330330 10
331331 11
332332 12
333333 13
334334 14
335335 15
336336 16
337337 17
338338 18
339339 19
340340 20
341341 21
342342 22
343343 23
344344 24 - 8 -2023 - 2024 Legislature LRB-4143/1
345345 MCP:skw
346346 SECTION 16 ASSEMBLY BILL 712
347347 799.40 (4) (c) The court shall stay the proceedings in a civil action of eviction
348348 for a residential premises until all of the following occur:
349349 1. The landlord files proof with the court that he or she has applied for and been
350350 denied emergency rental assistance under a local, state, or federal assistance
351351 program, if such a program exists, or, if the landlord files proof with the court that
352352 he or she is ineligible for such emergency rental assistance, until the landlord or
353353 tenant files proof that the tenant has failed to apply for or has applied for and been
354354 denied such emergency rental assistance, if such a program exists.
355355 2. The landlord and tenant notify the court that they have participated in
356356 mediation and are unable to reach a settlement or the landlord notifies the court that
357357 the tenant has refused to participate in mediation.
358358 (d) The court shall stay the proceedings in a civil action of eviction for a
359359 residential premises if the tenant or landlord files proof with the court that the
360360 tenant or landlord has been approved to receive emergency rental assistance under
361361 a local, state, or federal rental assistance program.
362362 SECTION 17.0Initial applicability.
363363 (1) The renumbering and amendment of s. 704.17 (1p) (a), (2) (a), and (3) (a) and
364364 the creation of s. 704.17 (1p) (a) 2. and 3., (2) (a) 2. and 3., (3) (a) 1., 2., and 3., and
365365 (6) first apply to a notice issued on the effective date of this subsection.
366366 (END)
367367 1
368368 2
369369 3
370370 4
371371 5
372372 6
373373 7
374374 8
375375 9
376376 10
377377 11
378378 12
379379 13
380380 14
381381 15
382382 16
383383 17
384384 18
385385 19
386386 20