Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB666 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 666
5	5	November 9, 2023 - Introduced by Senators LARSON, HESSELBEIN, SPREITZER and
6	6	TAYLOR, cosponsored by Representatives J. ANDERSON, HONG, CLANCY, JOERS,
7	7	MADISON, PALMERI, BALDEH, BILLINGS, CABRERA, CONLEY, DRAKE, EMERSON,
8	8	MOORE OMOKUNDE, OHNSTAD, SHELTON, SINICKI, SNODGRASS and STUBBS.
9	9	Referred to Committee on Housing, Rural Issues and Forestry.
10	10	AN ACT to create 704.46 of the statutes; relating to: rights of tenants to organize
11	11	and engage in certain activities and providing a penalty.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill specifies certain activities that tenants and tenant organizers are
14	14	allowed to engage in. A “tenant organizer” is defined in the bill as a person who
15	15	assists tenants in establishing and operating a tenant organization. The bill defines
16	16	a “tenant organization” as an organization made up of tenants that exists for the
17	17	purpose, in whole or in part, of communicating with landlords concerning grievances,
18	18	disputes, rent increases, or other terms or conditions of tenancy.
19	19	Under the bill, a landlord or landlord's agent may not interfere with a tenant
20	20	or tenant organizer who is engaging in any of the activities protected under the bill;
21	21	restrict a tenant organizer's access to rental premises in a manner contrary to the
22	22	requirements under the bill; discriminate or retaliate against a tenant or tenant
23	23	organizer for engaging in any of the protected activities, or threaten to do so;
24	24	interfere with or delay any investigations into violations of the provisions of the bill;
25	25	or attend or make an audio recording of any tenant organization meeting.
26	26	The bill specifies that a tenant has a right to join, meet with, or assist other
27	27	tenants; confer with a landlord through a representative of the tenant's choosing;
28	28	and engage in concerted activities with other tenants for the purpose of mutually
29	29	aiding or protecting tenants.
30	30	The bill further specifies that a tenant or tenant organizer has the right to
31	31	distribute literature relating to landlord and tenant issues in common areas of rental
32	32	premises; place literature relating to landlord and tenant issues at or under tenants'
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36	36	SENATE BILL 666
37	37	doors; post literature relating to landlord and tenant issues on any bulletin boards
38	38	in common areas of rental premises; assist tenants in participating in tenant
39	39	organization activities; convene tenant meetings or tenant organization meetings at
40	40	any reasonable time in any tenant's unit or common area of the rental premises;
41	41	formulate responses to landlord actions, including rent increases, proposed changes
42	42	in facilities and services, and conversion of residential units to nonresidential use;
43	43	propose that the landlord modify the rental premises' facilities and services; and
44	44	engage in any other activity reasonably related to the establishment or operation of
45	45	a tenant organization.
46	46	Under the bill, the Department of Agriculture, Trade and Consumer Protection
47	47	is required to investigate alleged violations of the bill's provisions. A person who
48	48	violates the bill's provisions is subject to a civil forfeiture of not more than $10,000
49	49	for each violation. In addition, a tenant who is injured by a violation of the bill's
50	50	provisions may bring a civil action to recover damages and reasonable attorney fees.
51	51	For further information see the state fiscal estimate, which will be printed as
52	52	an appendix to this bill.
53	53	The people of the state of Wisconsin, represented in senate and assembly, do
54	54	enact as follows:
55	55	SECTION 1. 704.46 of the statutes is created to read:
56	56	704.46 Tenants' right to organize. (1) In this section:
57	57	(a) “Department” means the department of agriculture, trade and consumer
58	58	protection.
59	59	(b) “Tenant organization” means any organization made up of tenants, in which
60	60	tenants may participate, that exists for the purpose, in whole or in part, of engaging
61	61	in communication with any landlord concerning grievances, disputes, rent increases,
62	62	or other terms or conditions of tenancy.
63	63	(c) “Tenant organizer” means a person who assists tenants in establishing and
64	64	operating a tenant organization and who is not a current or prospective employee,
65	65	representative, or agent of any of the landlords of any of the tenants who are
66	66	members of the tenant organization.
67	67	(2) A landlord, or agent of a landlord, may not do any of the following:
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83	83	SECTION 1
84	84	SENATE BILL 666
85	85	(a) Interfere with a tenant or tenant organizer who is engaging in any of the
86	86	activities described in sub. (3) or (4) or restrict a tenant organizer's access to the
87	87	premises in a manner contrary to sub. (5).
88	88	(b) Discriminate or retaliate against any tenant or tenant organizer for
89	89	engaging in any of the activities under sub. (3) or (4), or threaten to do so, including
90	90	by increasing rent, decreasing services, bringing an action for possession of the
91	91	premises, or refusing to renew a lease.
92	92	(c) Interfere with or delay any department investigations into violations of this
93	93	section.
94	94	(d) Attend or make an audio recording of any meeting held under sub. (4) (e)
95	95	unless expressly allowed to do so by the tenant organization or by a majority of the
96	96	tenants in attendance.
97	97	(3) A tenant may do any of the following:
98	98	(a) Join, meet with, or assist other tenants.
99	99	(b) Confer with a landlord through a representative of the tenant's choosing.
100	100	(c) Engage in concerted activities with other tenants for the purpose of
101	101	mutually aiding or protecting tenants.
102	102	(4) A tenant or tenant organizer may do any of the following:
103	103	(a) Distribute literature relating to landlord and tenant issues in common
104	104	areas of the premises.
105	105	(b) Place literature relating to landlord and tenant issues at or under tenants'
106	106	doors.
107	107	(c) Post literature relating to landlord and tenant issues on any bulletin boards
108	108	in common areas of the premises.
109	109	(d) Assist tenants in participating in tenant organization activities.
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137	137	(e) Convene tenant meetings or tenant organization meetings at any
138	138	reasonable time in any tenant's unit or common area of the premises.
139	139	(f) Formulate responses to landlord actions, including rent increases, proposed
140	140	changes in facilities and services, and conversion of residential units to
141	141	nonresidential use.
142	142	(g) Propose that the landlord modify the premises' facilities and services.
143	143	(h) Engage in any other activity reasonably related to the establishment or
144	144	operation of a tenant organization.
145	145	(5) (a) If a landlord has in place a written policy that favors canvassing, a
146	146	tenant organizer who is not a tenant, and who is not accompanied by a tenant, shall
147	147	be afforded the same privileges and rights of access to the premises as any other
148	148	person who is not an invited guest of a tenant.
149	149	(b) If a landlord does not have in place a consistently enforced, written policy
150	150	against canvassing, the landlord shall be considered to have in place a written policy
151	151	that favors canvassing.
152	152	(c) If a landlord has in place a consistently enforced, written policy against
153	153	canvassing, a tenant shall accompany a tenant organizer who is not a tenant at all
154	154	times while the tenant organizer is on the premises. Such a tenant organizer shall
155	155	be afforded the same privileges and rights of access to the premises as any other
156	156	person who is a tenant's invited guest.
157	157	(6) The department shall investigate alleged violations of this section. The
158	158	department or any district attorney may do any of the following on behalf of the state:
159	159	(a) Bring an action for temporary or permanent injunctive or other relief in any
160	160	circuit court for any violation of this section. The court may, in its discretion, make
161	161	any order or judgment necessary to restore to any person any pecuniary loss suffered
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187	187	LRB-5045/1
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189	189	SECTION 1
190	190	SENATE BILL 666
191	191	because of a violation of this section if proof of the loss is submitted to the satisfaction
192	192	of the court.
193	193	(b) Bring an action in any circuit court for the recovery of a civil forfeiture
194	194	against any person who violates this section in an amount of not more than $10,000
195	195	for each violation.
196	196	(7) In addition to the remedies otherwise provided by law, a tenant injured by
197	197	a violation of this section may bring a civil action to recover damages together with
198	198	costs, disbursements, and reasonable attorney fees, notwithstanding s. 814.04 (1),
199	199	and any equitable relief as may be determined by the court.
200	200	(8) An agreement to waive the requirements of this section in a residential
201	201	tenancy, including an agreement in a rental agreement, is void.
202	202	(END)
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