WI
Wisconsin Senate Bill SB655

Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB655 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 655
55 November 9, 2023 - Introduced by Senators AGARD, LARSON and L. JOHNSON,
66 cosponsored by Representatives HONG, J. ANDERSON, CLANCY, MADISON,
77 RATCLIFF, BALDEH, CABRERA, DRAKE, SHELTON, SINICKI, SNODGRASS, STUBBS,
88 EMERSON, MOORE OMOKUNDE, PALMERI, CONSIDINE and JOERS. Referred to
99 Committee on Housing, Rural Issues and Forestry.
1010 AN ACT to renumber and amend 704.17 (1p) (a), 704.17 (2) (a) and 704.17 (3)
1111 (a); to amend 704.17 (3m) (b) 1., 710.15 (5r) and 799.40 (1m); and to create
1212 704.155, 704.17 (1p) (a) 2., 704.17 (1p) (a) 3., 704.17 (2) (a) 2., 704.17 (2) (a) 3.,
1313 704.17 (3) (a) 1., 704.17 (3) (a) 2., 704.17 (3) (a) 3., 704.17 (6) and 799.40 (4) (c)
1414 and (d) of the statutes; relating to: requiring landlords or tenants to apply for
1515 emergency rental assistance and participate in mediation prior to eviction and
1616 prohibiting certain rent increases.
1717 Analysis by the Legislative Reference Bureau
1818 Under current law, if a tenant is late in paying rent, the landlord may give the
1919 tenant a notice that requires the tenant to pay rent or vacate within at least five days
2020 after the notice is given. If the tenant fails to pay the rent by that date, the tenancy
2121 is terminated. Under certain circumstances, if a tenant is late in paying rent, the
2222 landlord may give the tenant a notice requiring the tenant to vacate within at least
2323 14 days after the notice is given without the option to cure by paying rent. Under
2424 current law, a landlord may bring a small claims eviction action against a tenant
2525 whose tenancy has been terminated for failure to pay rent.
2626 Under this bill, if a residential tenant fails to pay rent when due, the tenant's
2727 tenancy is terminated only if the landlord gives the tenant a notice that requires the
2828 tenant to pay rent or vacate within at least 30 days after the notice is given; the
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3737 SENATE BILL 655
3838 tenant fails to pay the rent; and the landlord applies for and is denied emergency
3939 rental assistance under a local, state, or federal assistance program, if such a
4040 program exists, or is ineligible for such emergency rental assistance. Under the bill,
4141 a 30-day notice must include certain information, including contact information for
4242 the emergency rental assistance provider serving the county where the tenant
4343 resides; a statement as to whether the landlord is qualified to receive emergency
4444 rental assistance under a rental assistance program, and, if eligible, that the
4545 landlord is required to apply for such funds; a statement that, if the landlord is
4646 ineligible for such funds, the tenant may be able to apply for emergency rental
4747 assistance; and a statement that the landlord may not pursue an action for eviction
4848 against the tenant for failure to pay rent if the tenant or the landlord applies for and
4949 is approved to receive emergency rental assistance, and may not pursue an action for
5050 eviction unless the landlord and tenant participate in mediation and are unable to
5151 reach a settlement or the landlord shows that the tenant has refused to participate
5252 in mediation.
5353 The bill also requires a court to stay the proceedings in a residential eviction
5454 action until the landlord files proof with the court that he or she has applied for and
5555 been denied emergency rental assistance under a local, state, or federal assistance
5656 program, if such a program exists, or, if the landlord is ineligible for such emergency
5757 rental assistance, that the tenant has either failed to apply or has applied for and
5858 been denied such emergency rental assistance; and until the landlord and tenant
5959 notify the court that they have participated in mediation and are unable to reach a
6060 settlement or the landlord notifies the court that the tenant has refused to
6161 participate in mediation. In addition, a court must stay residential eviction
6262 proceedings if either the tenant or the landlord has been approved to receive
6363 emergency rental assistance.
6464 Finally, the bill prohibits a landlord that receives emergency rental assistance
6565 under a local, state, or federal assistance program from raising the tenant's rent for
6666 12 months, except that the landlord may raise rent to cover any increase in property
6767 taxes for the tenant's rental unit.
6868 The people of the state of Wisconsin, represented in senate and assembly, do
6969 enact as follows:
7070 SECTION 1. 704.155 of the statutes is created to read:
7171 704.155 Certain rent raises prohibited. If a landlord receives emergency
7272 rental assistance under a local, state, or federal assistance program, the landlord
7373 may not increase the amount of rent required to be paid by any tenant for which the
7474 emergency rental assistance was received for a period of 12 months following the
7575 receipt of the emergency rental assistance, except that the landlord may increase the
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8484 SECTION 1
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8686 amount of rent required to be paid by such tenant in an amount not to exceed any
8787 increase in property taxes for the tenant's rental unit.
8888 SECTION 2. 704.17 (1p) (a) of the statutes is renumbered 704.17 (1p) (a) (intro.)
8989 and amended to read:
9090 704.17 (1p) (a) (intro.) If a month-to-month tenant or a week-to-week tenant
9191 fails to pay rent when due, the tenant's tenancy is terminated if the all of the
9292 following occur:
9393 1. The landlord gives the tenant notice requiring the tenant to pay rent or
9494 vacate on or before a date at least 5 30 days after the giving of the notice and if the
9595 tenant fails to pay accordingly. A month-to-month tenancy is terminated if the
9696 landlord, while the tenant is in default in payment of rent, gives the tenant notice
9797 requiring the tenant to vacate on or before a date at least 14 days after the giving of
9898 the notice.
9999 SECTION 3. 704.17 (1p) (a) 2. of the statutes is created to read:
100100 704.17 (1p) (a) 2. The tenant fails to pay the rent.
101101 SECTION 4. 704.17 (1p) (a) 3. of the statutes is created to read:
102102 704.17 (1p) (a) 3. The landlord applies for and is denied emergency rental
103103 assistance under a local, state, or federal assistance program, if such a program
104104 exists, or is ineligible for such emergency rental assistance.
105105 SECTION 5. 704.17 (2) (a) of the statutes is renumbered 704.17 (2) (a) (intro.)
106106 and amended to read:
107107 704.17 (2) (a) (intro.) If a tenant under a lease for a term of one year or less, or
108108 a year-to-year tenant, fails to pay any installment of rent when due, the tenant's
109109 tenancy is terminated if the all of the following occur:
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135135 SECTION 5 SENATE BILL 655
136136 1. The landlord gives the tenant notice requiring the tenant to pay rent or
137137 vacate on or before a date at least 5 30 days after the giving of the notice and if the
138138 tenant fails to pay accordingly. If a tenant has been given such a notice and has paid
139139 the rent on or before the specified date, or been permitted by the landlord to remain
140140 in possession contrary to such notice, and if within one year of any prior default in
141141 payment of rent for which notice was given the tenant fails to pay a subsequent
142142 installment of rent on time, the tenant's tenancy is terminated if the landlord, while
143143 the tenant is in default in payment of rent, gives the tenant notice to vacate on or
144144 before a date at least 14 days after the giving of the notice.
145145 SECTION 6. 704.17 (2) (a) 2. of the statutes is created to read:
146146 704.17 (2) (a) 2. The tenant fails to pay the rent.
147147 SECTION 7. 704.17 (2) (a) 3. of the statutes is created to read:
148148 704.17 (2) (a) 3. The landlord applies for and is denied emergency rental
149149 assistance under a local, state, or federal assistance program, if such a program
150150 exists, or is ineligible for such emergency rental assistance.
151151 SECTION 8. 704.17 (3) (a) of the statutes is renumbered 704.17 (3) (a) (intro.)
152152 and amended to read:
153153 704.17 (3) (a) (intro.) If a tenant under a lease for more than one year fails to
154154 pay rent when due, or the tenant's tenancy is terminated if all of the following occur:
155155 (am) If a tenant under a lease for more than one year commits waste, or
156156 breaches any other covenant or condition of the tenant's lease, the tenancy is
157157 terminated if the landlord gives the tenant notice requiring the tenant to pay the
158158 rent, repair the waste, or otherwise comply with the lease on or before a date at least
159159 30 days after the giving of the notice, and if the tenant fails to comply with the notice.
160160 A tenant is deemed to be complying with the notice if promptly upon receipt of the
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188188 SECTION 8
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190190 notice the tenant takes reasonable steps to remedy the default and proceeds with
191191 reasonable diligence, or if damages are adequate protection for the landlord and the
192192 tenant makes a bona fide and reasonable offer to pay the landlord all damages for
193193 the tenant's breach; but in case of failure to pay rent, all rent due must be paid on
194194 or before the date specified in the notice.
195195 SECTION 9. 704.17 (3) (a) 1. of the statutes is created to read:
196196 704.17 (3) (a) 1. The landlord gives the tenant notice requiring the tenant to
197197 pay rent or vacate on or before a date at least 30 days after the giving of the notice.
198198 SECTION 10. 704.17 (3) (a) 2. of the statutes is created to read:
199199 704.17 (3) (a) 2. The tenant fails to pay the rent.
200200 SECTION 11. 704.17 (3) (a) 3. of the statutes is created to read:
201201 704.17 (3) (a) 3. The landlord applies for and is denied emergency rental
202202 assistance under a local, state, or federal assistance program, if such a program
203203 exists, or is ineligible for such emergency rental assistance.
204204 SECTION 12. 704.17 (3m) (b) 1. of the statutes is amended to read:
205205 704.17 (3m) (b) 1. Notwithstanding subs. (1p) (b), (2) (b), and (3) (a) (am), and
206206 except as provided in par. (c), a landlord may, upon notice to the tenant, terminate
207207 the tenancy of a tenant, without giving the tenant an opportunity to remedy the
208208 default, if the tenant, a member of the tenant's household, or a guest or other invitee
209209 of the tenant or of a member of the tenant's household engages in any criminal
210210 activity that threatens the health or safety of, or right to peaceful enjoyment of the
211211 premises by, other tenants; engages in any criminal activity that threatens the
212212 health or safety of, or right to peaceful enjoyment of their residences by, persons
213213 residing in the immediate vicinity of the premises; engages in any criminal activity
214214 that threatens the health or safety of the landlord or an agent or employee of the
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241241 SECTION 12 SENATE BILL 655
242242 landlord; or engages in any drug-related criminal activity on or near the premises.
243243 The notice shall require the tenant to vacate on or before a date at least 5 days after
244244 the giving of the notice. The notice shall state the basis for its issuance; include a
245245 description of the criminal activity or drug-related criminal activity, the date on
246246 which the activity took place, and the identity or description of the individuals
247247 engaging in the activity; advise the tenant that he or she may seek the assistance of
248248 legal counsel, a volunteer legal clinic, or a tenant resource center; and state that the
249249 tenant has the right to contest the allegations in the notice before a court
250250 commissioner or judge if an eviction action is filed. If the tenant contests the
251251 termination of tenancy, the tenancy may not be terminated without proof by the
252252 landlord by the greater preponderance of the credible evidence of the allegation in
253253 the notice.
254254 SECTION 13. 704.17 (6) of the statutes is created to read:
255255 704.17 (6) NOTICES FOR FAILURE TO PAY RENT. A notice under sub. (1p) (a), (2) (a),
256256 or (3) (a) is valid only if it includes all of the following:
257257 (a) The name and contact information, including phone number, address, and
258258 website, of the emergency rental assistance provider serving the county where the
259259 tenant resides, if applicable.
260260 (b) The name and contact information, including phone number, address, and
261261 email address, of the landlord.
262262 (c) A statement that, if the landlord is qualified to seek emergency rental
263263 assistance under a local, state, or federal assistance program, the landlord is
264264 required to apply for such rental assistance.
265265 (d) A statement as to whether the landlord is qualified to receive emergency
266266 rental assistance under a local, state, or federal assistance program.
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294294 SECTION 13
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296296 (e) If the landlord is not qualified to receive emergency rental assistance under
297297 a local, state, or federal assistance program, a statement that the tenant may be able
298298 to apply for emergency rental assistance.
299299 (f) A statement that the landlord may not pursue an action for eviction against
300300 the tenant on the basis of the notice provided under sub. (1p) (a), (2) (a), or (3) (a) if
301301 the tenant or the landlord applies for and is approved to receive emergency rental
302302 assistance under a local, state, or federal assistance program.
303303 (g) A statement that the landlord may not pursue an action for eviction against
304304 the tenant on the basis of the notice provided under sub. (1p) (a), (2) (a), or (3) (a)
305305 unless the parties participate in mediation and are unable to reach a settlement or
306306 unless the tenant refuses to participate in mediation.
307307 SECTION 14. 710.15 (5r) of the statutes is amended to read:
308308 710.15 (5r) NOTICE REQUIREMENTS APPLY. The notice requirements of s. 704.17
309309 (1p) (a), (2) (a), and (3) (a) apply to a termination of tenancy under sub. (5m) (a) and
310310 the notice requirements of s. 704.17 (1p) (b), (2) (b), and (3) (am) apply to a
311311 termination of tenancy under sub. (5m) (b) to (k).
312312 SECTION 15. 799.40 (1m) of the statutes is amended to read:
313313 799.40 (1m) ACCEPTANCE OF RENT OR OTHER PAYMENT. If Except as provided
314314 under sub. (4) (c) 1. or (d), if a landlord commences an action under this section
315315 against a tenant whose tenancy has been terminated for failure to pay rent or for any
316316 other reason, the action under this section may not be dismissed because the landlord
317317 accepts past due rent or any other payment from the tenant after serving notice of
318318 default or after commencing the action.
319319 SECTION 16. 799.40 (4) (c) and (d) of the statutes are created to read:
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345345 SECTION 16 SENATE BILL 655
346346 799.40 (4) (c) The court shall stay the proceedings in a civil action of eviction
347347 for a residential premises until all of the following occur:
348348 1. The landlord files proof with the court that he or she has applied for and been
349349 denied emergency rental assistance under a local, state, or federal assistance
350350 program, if such a program exists, or, if the landlord files proof with the court that
351351 he or she is ineligible for such emergency rental assistance, until the landlord or
352352 tenant files proof that the tenant has failed to apply for or has applied for and been
353353 denied such emergency rental assistance, if such a program exists.
354354 2. The landlord and tenant notify the court that they have participated in
355355 mediation and are unable to reach a settlement or the landlord notifies the court that
356356 the tenant has refused to participate in mediation.
357357 (d) The court shall stay the proceedings in a civil action of eviction for a
358358 residential premises if the tenant or landlord files proof with the court that the
359359 tenant or landlord has been approved to receive emergency rental assistance under
360360 a local, state, or federal rental assistance program.
361361 SECTION 17.0Initial applicability.
362362 (1) The renumbering and amendment of s. 704.17 (1p) (a), (2) (a), and (3) (a) and
363363 the creation of s. 704.17 (1p) (a) 2. and 3., (2) (a) 2. and 3., (3) (a) 1., 2., and 3., and
364364 (6) first apply to a notice issued on the effective date of this subsection.
365365 (END)
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