Fiscal Note
No City appropriation required.
Title
Amending Section 32.04 (4)(e)4. to permit an earlier start date for rent abatement, when such earlier date may be verified.
Body
DRAFTER’S ANALYSIS: Under current ordinances, if a landlord does not correct a rent impairing violation by the due date in the order of the Building Inspection Division, the tenant is entitled to seek abatement for a portion of their rent. The period of time of rent abatement starts is the date the orders were issued by the Building Inspection Division. This proposal allows for an earlier start date if it can be verified by the hearing examiner that the violation existed on an earlier date, as shown by the greater weight of credible evidence. For example, an earlier date for damage by fire may be able to be verified by a public record of the date of the fire.
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The Common Council of the City of Madison do hereby ordain as follows:
Paragraph 4. entitled “Decision” of subdivision (e) entitled “Procedure” of subsection (4) entitled “Authorization of Rent Abatement” of Section 32.04 “Rent Abatement” of the Madison General Ordinances is amended as follows:
“4. Decision.
a. If, on the evidence at the hearing, the Rent Abatement Hearing Examiner finds that the landlord failed to comply with an order of the Building Inspection Division or Public Health Madison and Dane County to correct by the original due date a "rent impairing" violation as that term is defined in Sec. 32.04(4)(b), the Hearing Examiner shall order that rent be abated retroactive to the earlier of either the date of the initial inspection, or the date that the violation first existed as established by the greater weight of credible evidence, in order to effectuate the purpose of this Ordinance and to provide fair and equitable compensation to the tenant(s) for the diminished value of the rented premises due to the landlord's continu...
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