| 1 | 1 | | LRB-4937/1 |
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| 2 | 2 | | KRP:amn |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 SENATE BILL 657 |
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| 5 | 5 | | November 9, 2023 - Introduced by Senators LARSON, L. JOHNSON and ROYS, |
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| 6 | 6 | | cosponsored by Representatives CLANCY, HONG, MADISON, PALMERI, BALDEH, |
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| 7 | 7 | | CABRERA, DRAKE, EMERSON, STUBBS, SNODGRASS, SHELTON, SINICKI, MOORE |
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| 8 | 8 | | OMOKUNDE, J. ANDERSON, CONLEY, CONSIDINE, JOERS, C. ANDERSON, JACOBSON |
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| 9 | 9 | | and SUBECK. Referred to Committee on Housing, Rural Issues and Forestry. |
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| 10 | 10 | | AN ACT to amend 799.40 (4) (a) of the statutes; relating to: the mandatory stay |
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| 11 | 11 | | of eviction proceedings against a tenant who has applied for emergency |
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| 12 | 12 | | assistance. |
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| 13 | 13 | | Analysis by the Legislative Reference Bureau |
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| 14 | 14 | | Under current law, if a tenant facing eviction applies for emergency assistance |
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| 15 | 15 | | under the Wisconsin Works (W-2) program, the court must stay the eviction |
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| 16 | 16 | | proceedings until the tenant's eligibility for emergency assistance is determined and, |
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| 17 | 17 | | if the tenant is determined to be eligible, until the tenant receives the emergency |
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| 18 | 18 | | assistance. However, current law provides that the stay may not remain in effect for |
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| 19 | 19 | | more than 10 working days and that no stay may be granted after a writ of restitution |
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| 20 | 20 | | of the premises has been issued. Currently, the Department of Children and |
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| 21 | 21 | | Families administers the W-2 program, which provides, among other things, |
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| 22 | 22 | | emergency financial assistance to qualifying families who are homeless or who are |
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| 23 | 23 | | facing impending homelessness. |
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| 24 | 24 | | This bill eliminates the current law restrictions on the mandatory emergency |
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| 25 | 25 | | stay in eviction proceedings. In other words, under the bill, a tenant who applies for |
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| 26 | 26 | | W-2 emergency assistance is entitled to have eviction proceedings stayed even if a |
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| 27 | 27 | | writ of restitution has been issued, and the stay must remain in effect until the |
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| 30 | 30 | | 3 - 2 -2023 - 2024 Legislature LRB-4937/1 |
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| 31 | 31 | | KRP:amn |
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| 32 | 32 | | SENATE BILL 657 |
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| 33 | 33 | | tenant's eligibility for emergency assistance is determined and, if the tenant is |
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| 34 | 34 | | determined to be eligible, until the tenant receives the emergency assistance. |
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| 35 | 35 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 36 | 36 | | enact as follows: |
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| 37 | 37 | | SECTION 1. 799.40 (4) (a) of the statutes is amended to read: |
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| 38 | 38 | | 799.40 (4) (a) The court shall stay the proceedings in a civil action of eviction |
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| 39 | 39 | | if the tenant applies for emergency assistance under s. 49.138, except that no stay |
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| 40 | 40 | | may be granted under this paragraph after a writ of restitution has been issued in |
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| 41 | 41 | | the proceedings. If a stay is granted, the tenant shall inform the court of the outcome |
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| 42 | 42 | | of the determination of eligibility for emergency assistance. The stay remains in |
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| 43 | 43 | | effect until the tenant's eligibility for emergency assistance is determined and, if the |
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| 44 | 44 | | tenant is determined to be eligible, until the tenant receives the emergency |
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| 45 | 45 | | assistance, except that the stay may not remain in effect for more than 10 working |
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| 46 | 46 | | days, as defined in s. 227.01 (14). |
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| 47 | 47 | | (END) |
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