City of Madison - File #: 06496

• File #: 06496
• Version: 3
• Name: expand tenant protection
• Type: Ordinance
• Status: Passed
• File created: 5/15/2007
• In control: HOUSING COMMITTEE (ended 6/2012)
• On agenda: 10/2/2007
• Final action: 10/2/2007
• Enactment date: 10/18/2007
• Enactment #: ORD-07-00143
• Title: AMENDED SUBSTITUTE - Amending Sections 32.12(4) and 32.15(2) and creating Sections 32.12(17), 32.15(4), and 32.15(5) of the Madison General Ordinances to provide expanded tenant protection against landlord retaliation to include specifically refusals to renew leases and threats to undertake retaliatory behavior, as well as providing for the recovery of double damages by tenants that arise due to violations of these sections, and creating severability clauses for these Sections.
• Sponsors: Brenda K. Konkel, Michael E. Verveer, Eli B. Judge

Date	Ver.	Action By	Action	Result
10/2/2007	2	COMMON COUNCIL	Adopt With Amendment(s)	Pass
9/13/2007	2	Attorney's Office/Approval Group	Approved As To Form
9/13/2007	2	Attorney's Office	Fiscal Note Required / Approval
9/13/2007	2	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office (SUBSTITUTES)
6/21/2007	1	LANDLORD AND TENANT ISSUES SUBCOMMITTEE (ended 6/2012)	Return to Lead with the Recommendation to Approve as Substituted	Pass
5/15/2007	1	Attorney's Office/Approval Group	Approved As To Form
5/15/2007	1	Attorney's Office	Fiscal Note Required / Approval
5/15/2007	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office
5/15/2007	1	Attorney's Office	Referred for Introduction
5/15/2007	1	COMMON COUNCIL	Refer	Pass
5/15/2007	1	HOUSING COMMITTEE (ended 6/2012)	Refer

Fiscal Note
Minimal impact on General Fund revenues.
Title
AMENDED SUBSTITUTE - Amending Sections 32.12(4) and 32.15(2) and creating Sections 32.12(17), 32.15(4), and 32.15(5) of the Madison General Ordinances to provide expanded tenant protection against landlord retaliation to include specifically refusals to renew leases and threats to undertake retaliatory behavior, as well as providing for the recovery of double damages by tenants that arise due to violations of these sections, and creating severability clauses for these Sections.
Body
DRAFTER'S ANALYSIS: This proposal expands the protections afforded tenants in the City of Madison by specifically including refusals to renew leases within retaliatory behavior, as well as threats to engage in retaliatory behavior. These amendments are consistent with Wis. Stat. 704.45(1), and bring the Code closer in line with State law relating to retaliatory conduct by landlords. In addition, this proposal expands the type of tenant behavior protected under sec. 32.12 to include joining or attempting to organize a neighborhood watch group or a neighborhood association. This proposal also establishes a new section that allows for the recovery of double damages by a tenant against the landlord in a civil action that arises from violations of Secs. 32.12(4) and 32.15. Finally, the proposal creates serverability clauses for these sections in the event of court invalidation of any portion of these sections.

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The Common Council of the City of Madison do hereby ordain as follows:

1. Subsection (4) entitled "Retaliatory Eviction" of Section 32.12 entitled "Prohibited Practices" of the Madison General Ordinances is retitled "Retaliatory Conduct" and amended to read as follows:

"(4) Retaliatory Eviction Conduct.
(a) Except as provided in sub. (b), no landlord shall terminate a tenancy or give notice preventing the automatic r...