City of Madison - File #: 30062

• File #: 30062
• Version: 2
• Name: Opposing Assembly Bill 183 which would eliminate or severely alter tenants' rights in the State of Wisconsin.
• Type: Resolution
• Status: Passed
• File created: 5/2/2013
• In control: COMMON COUNCIL
• On agenda: 5/7/2013
• Final action: 5/7/2013
• Enactment date: 5/8/2013
• Enactment #: RES-13-00349
• Title: Opposing Assembly Bill 183 which would eliminate or severely alter tenants' rights in the State of Wisconsin.
• Sponsors: Chris Schmidt, Scott J. Resnick, Paul R. Soglin, Marsha A. Rummel, Michael E. Verveer, Lisa Subeck, Ledell Zellers, David Ahrens, Shiva Bidar, Maurice S. Cheeks, Joseph R. Clausius, Mark Clear, Lauren Cnare, Denise DeMarb, Sue Ellingson, Steve King, Larry Palm, Matthew J. Phair, Paul E. Skidmore, John Strasser, Anita Weier

Date	Ver.	Action By	Action	Result
5/7/2013	1	COMMON COUNCIL	Adopt Unanimously Under Suspension of Rules 2.04, 2.24, & 2.25	Pass
5/2/2013	1	Council Office	RECOMMEND TO COUNCIL TO ADOPT UNDER SUSPENSION OF RULES 2.04, 2.05, 2.24, & 2.25 - MISC. ITEMS

Fiscal Note
No appropriation required.

Title
Opposing Assembly Bill 183 which would eliminate or severely alter tenants' rights in the State of Wisconsin.

Body
WHEREAS, policy decisions should be made by representative bodies closest to the needs and interests of the people; and,

WHEREAS, 2013 Assembly Bill 183 would preempt a number of city ordinances regarding landlord/tenant law; and,

WHEREAS, landlord/tenant law is an area in which the need for “local control” is not an empty slogan; and,

WHEREAS, landlord/tenant laws affect more than just the contract between two individuals; landlord/tenant laws affect the character of the city and help control the appropriate use of public resources; and,

WHEREAS, the following sections of Chapter 32 of the Madison General Ordinances are likely to be pre-empted in whole or in part by AB183:

1. Sec. 32.04(7) Rent Abatement and Code Violation Disclosure.
2. Sec. 32.04 (10) Coercion
3. Sec. 32.05(1)(g) Regulation of Guests
4. Sec. 32.06 (2) Tenants Rights and Responsibilities
5. Sec. 32.06 (4) Informing Tenant of Required Smoke Alarms
6. Sec. 32.06(5) Voter Registration Forms
7. Sec. 32.07(5) Written Check In and Check Out Procedure
8. Sec. 32.07 (5)(c) List of Physical Damages of Prior Tenant
9. Sec. 32.07(6) Forfeit of Security Deposit Withholding
10. Sec. 32.07(7) Itemization of Expenses for Security Deposit withheld
11. Sec. 32.08 (1) The Telephone Number of the Owner or the Owner’s Agent
12. Sec. 32.08(2) Disclosure of Code Violations and Conditions Affecting Habitability
13. Sec. 32.08(2)(c) Disclosure of Successor Tenant’s Right to Abatement
14. Sec. 32.08(2)(d) Disclosure of Occupancy Limits
15. Sec. 32.08(5) Written Reasons for Denial of Tenancy
16. Sec. 32.12(7) Informing tenant of minimum income requirements
17. Sec. 32.17 Self Help Repair


WHEREAS, in a city such as Madison where there is a high percentage of rental units, the need for the city to be able to legislate in this area is especially impo...