Repealed? Chapter 32 language? - Tenant Resource Center



Repealed? Chapter 32 language?

To the best of our ability, this is what we think is left of the Madison General Ordinances after:

2011 Wis. Act 108, effective 12/21/2011 (changes in purple)

2011 Wis. Act 143, effective 03/31/2012 (changes in orange)

2013 Wis. Act 76, effective 03/01/2014 (changes in green)

 

Please consult an attorney before relying on this information.

This is new law and subject to interpretation.

 

Chapter 32 (32 - 1 Rev. 6/15/2012)

Landlord and Tenant

 

Section

32.01 Statement and Purpose. (Cr. by Ord. 6098, 1-6-78)
32.02 Rules and Definitions. (Cr. by Ord. 6098 1-6-78)
32.03 Landlord and Tenant Issues Committee. (Am. by Ord-12-00076, 6-20-12)
32.035 Reserved for Future Use. (R. by Ord. 13, 673, 8-6-04)
32.04 Rent Abatement. (Am. by Ord. 9011, 12-11-86; Renumbered & Am. by Ord. 12, 533, 2-18-00)
32.05 Tenants Rights to Privacy and Exclusive Possession. (Renumbered & Am. by Ord. 6036, 11-16-77)
32.06 Rental Agreements and Receipts. (Cr. by Ord. 12,533, 2-18-00)
32.07 Security Deposit Refund Procedures. (Cr. by Ord. 6057, 12-6-77)
32.08 Housing Ownership, Defect and Information Disclosure. (Am. by Ord. 7542, 10-22-81)
32.09 Promises to Repair. (Cr. by Ord. 7542, 10-22-81)
32.10 Earnest Money Deposits. (Cr. by Ord. 7542, 10-22-81)
32.11 Prohibited Rental Agreement Provisions. (Cr. by Ord. 7542, 10-22-81)
32.12 Prohibited Practices. (Cr. by Ord. 7542, 10-22-81)
32.13 Repairs, Untenantability. (Cr. by Ord. 7542, 10-22-81)
32.14 Penalties. (Cr. by Ord. 7542, 10-22-81)
32.15 Retaliation Prohibited. (Cr. by Ord. 8544, 3-18-85)
32.16 Self-Service Storage Facilities.
32.17 Self-Help Repairs. (Cr. by Ord-06-001246, 11-2-06)
 
32.01 STATEMENT OF PURPOSE
Whereas, the City of Madison has a significant tenant population and equitable landlord-tenant relations are a matter of public welfare. It shall be the policy of the City of Madison to encourage communication and resolution of disputes between landlord(s) and tenant(s). While such communication and resolution can and should occur without the direct participation of the City government, this chapter is adopted to establish standards and procedures for use if needed to reach this goal. This chapter is also intended to facilitate collective bargaining between landlords and tenant unions by establishing minimal procedures to be followed in that process. (Cr. by Ord. 6098, 1-6-78)
 
32.02 RULES AND DEFINITIONS.
(1) Rules.
(a) The rules and definitions contained in this section shall be applied throughout Chapter 32.
(b) (R. by Ord. 10, 778, 11-16-93)
(c) All rights of tenants under Chapter 32 shall be nonwaivable.
(2) Definitions.
(a) Authorized Agent. A person empowered by landlord(s), tenant, or tenant union to represent them. The agent need not be a member of the authorizing group.
(b) City financial assistance means any grant, loan, contract, purchase of service agreement or other arrangement by which the City of Madison funds or otherwise makes available assistance to rental housing development, redevelopment or rehabilitation projects in the form of:
1. Monetary Funds;
2. Real and personal property or any interest in or use of such property, including:
a. Transfers or leases of such property for less than the fair market value, or for reduced consideration; and
b. Proceeds from a subsequent transfer or lease of such property if the City's share of its fair market value is not returned to the City.
3. The sale or lease of, or the permission to use (on other than a casual or transient basis) City property or any interest in such property without consideration or at nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by the sale or lease to the recipient;
4. "City financial assistance" includes, bit is not limited to, capital revolving fund loans, redevelopment contracts, CDBG, HOME and Affordable Housing Trust Funds, economic development agreements, tax increment financing or financing for blight elimination and slum clearance. City financial assistance does not include funds made available directly to the tenant or a third party as a household subsidy, such as emergency shelter assistance, grand funded security deposits or rental supplements. City financial assistance also does not include any portion of street improvements, including, but not limited to, improvements of sidewalks, lighting, curb and gutter and/or reverse mortgage assistance. (Cr. by Ord. 13, 171, 10-29-02)
(c) Earnest Money Deposit. The total of any payments or deposits, however denominated or described, given by a prospective tenant to a landlord in return for the option of entering into a rental agreement in the future, or for having a rental application considered by the landlord. Cr. by Ord. 7542, 10-22-81; Renumbered by Ord. 13, 171, 10-29-02

DATCP regulations exempt the actual cost of a credit check fee (up to $20) from the definition of earnest money (ATCP 134.02(3)) and 2011 Wis. Act 108 (Wis. Stat. 66.0104(2)(b)) requires Madison to allow this as well. A landlord may now charge the actual cost, up to $20 for a credit check fee if they follow all rules in ATCP 134.05.

(d) Government Housing Subsidies means financial assistance used for tenant based housing purposes including, but not limited to, Section 8 vouchers and certificates (Housing Choice Voucher Program), welfare to work vouchers and any other Section 8 special allocation vouchers. (Cr. by Ord. 13, 171, 10-29-02)
(e) Grievance. Any dispute between tenant(s) and landlord over rents or other condition of tenancy.
(f) Guest. Any person present at the leased premises with the consent of the current tenant who is not listed in the lease. (Cr. by Ord. 12, 932, 12-11-01)
(g) Landlord. The owner or lessor of a dwelling unit under any rental agreement, and any agent acting on the owner's or lessor's behalf. The term includes sublessors, other than persons subleasing individual units occupied by them. (Am. by Ord. 10, 555, 12-11-92)
(h) Owner. One or more persons, jointly or severally vested with all or part of the legal title to the premises or all or part of the beneficial ownership and right to present use and enjoyment of the premises. The term includes a mortgagee in possession.
(i) Person means any individual, partnership, association, corporation, joint venture, limited liability company or partnership, trust, or other entity that may enter into contracts. (Cr. by Ord. 13, 171, 10-29-02)
(j) Recipient of City financial assistance means any person, including that person's successors, assignees and transferees. (Cr. by Ord. 13, 171, 10-29-02)
(k) Rental Agreement. A written or oral agreement for the rental or lease of a specific dwelling unit or premises, in which the landlord and tenant agree on essential terms of tenancy such as rent. "Rental agreement" includes a lease. "Rental agreement" does not include an agreement to enter into a rental agreement in the future.
(l) Residential Property. This chapter covers any premises which is used for any residential purpose under the terms of a rental agreement.
(m) Security Deposit. The total of all payments and deposits given by a tenant to the landlord in a residential tenancy as security for the performance of the tenant's obligation, and includes but is not limited to all rent payments in excess of one month's prepaid rent, all pet deposits, furniture deposits, and key deposits. (Am. by Ord. 10, 812, 1-18-94)
(n) Tenant. A person, occupying or entitled to present or future occupancy of a mobile home, as defined in Sec. 9.23(1) or residential property under a rental agreement, and includes persons occupying a mobile home or residential property under periodic tenancies and tenancies at will. The term applies to persons holding over after termination of tenancy until removed by Sheriff's execution of a judicial writ of restitution issued under Sec. 799.44, Wis. Stats. It also applies to any person entitled to the return of a security deposit or an accounting for the security deposit. (Am. by Ord. 11, 724, 12-13-96)
(o) Tenant Union. Any organization which intends to engage in collective bargaining with landlord(s).
(Section 32.02(2) Am. by Ord. 12, 533, 2-18-00; Ord. 12, 932, 12-11-01)

 

32.03 LANDLORD AND TENANT ISSUES COMMITTEE.

 

- - REMOVED FROM THIS DOCUMENT - -

 

32.035 RESERVED FOR FUTURE USE.

 

(R. by Ord. 13, 673, 8-6-04)

 

32.04 RENT ABATEMENT.

 

- - REMOVED FROM THIS DOCUMENT - - 

 

32.05 TENANTS RIGHTS TO PRIVACY AND EXCLUSIVE POSSESSION.
(1) It shall be unlawful for the owner operator of any residential dwelling unit to commit or permit any of the following acts which tend to interfere with the rights of the tenant therein to privacy and the exclusive possession of the premises and personal property therein:
(a) Removing, altering or replacing locks affixed to the premises unless a key is immediately provided to the tenant therein so as not to deny the tenant access except as is necessary to preserve or protect the premises in the event of damage or destruction in the tenant's absence. In such a case, a key shall be provided to the tenants as soon thereafter as practicable.
(b) Removal of doors or windows without the consent of the tenant therein except as is reasonably necessary to preserve or protect the premises when damage or destruction occurs in the tenant's absence.
(c) Confiscation of personal property belonging to tenants in lieu of rent or any other alleged claim.

(d) Except as provided in Subdivision (e), entering on a tenant's leased property including the shared areas within a single dwelling unit without at least twenty-four (24) hours notice of the specific date and approximate time of entry unless the tenant approves a shorter period of notice on a case by case basis, except when the landlord reasonably believes that entry is necessary to preserve or protect the premises from damage or destruction which is not intentionally caused by the landlord.
NOTE: ATCP 134.09(2)(a)2 still applies: Landlords must enter at reasonable times and with 12 hour notice. The new law specifically says that landlords can't be required to communicate to tenants information that is not required by federal or state law. Since landlord notice of entry is required by state law, the question whether the City can require additional time, not additional notice. It could be argued this law stands. Additionally, if the landlord has 24 hours notice written into their lease, they must provide that for the term of the lease as a part of that contract. 
NOTE:  This law was initially changed to 12 hour notice for "showing" the apartment in 2011 Wis. Act 108. Eff. 12/21/11.  Entry for "repairs" and "to inspect" was added with 2013 Wis. Act. 76. Eff. 3/1/14.

(e) Entering upon a tenant's leased premises solely to show the property for sale or lease without at least twenty-four (24) hours notice, the notice shall indicate the exact time of entry and the length of stay not to exceed a combined total of three (3) hours per day and shall cover not more than three consecutive days, unless the tenant approves a shorter period of notice or a larger window of availability on a case-by-case basis. (Am. by Ord-10-00016, 2-18-10)

(f) No landlord may enter a dwelling unit during tenancy without first announcing his or her presence to persons who may be present in the dwelling unit, and identifying himself or herself upon request. (Cr. by Ord. 12, 533, 2-18-00) (Still in ATCP)

(g) A landlord may regulate guests, but may not prohibit a tenant from having all guests. Guest regulations, if any, shall be included in the rental agreement. Guest regulations shall be in conformance with the definition of a Family provided in Chapter 28 of Madison General Ordinances. Guest regulations shall not permit the violation of zoning regulations, including capacity standards, provided in Chapter 28 of Madison General Ordinances. Nothing in these ordinances shall prohibit a landlord from commencing an eviction action against a tenant for permitting a person to reside in the tenant's rental unit in violation of Madison General Ordinances or state law. Cr. by Ord. 12, 932, 12-11-01
NOTE: There is a question about whether "entering into a contract" is a "communication" that would be restricted by 2013 Wis. Act 76 or if this provision still stands. If tenants have provisions in their leases about guest policies, the landlord must honor these provisions for the term of the lease as part of the contract.

(2) It shall be unlawful for a tenant to change or re-key locks affixed to the premises without the prior approval of the landlord except in a case of emergency when necessary to protect or preserve the premises or to protect the health or safety of the tenant. In such case a key shall be provided to the landlord within 48 hours or as soon thereafter as practicable and the landlord shall have the right to replace an altered lock. (Am. by Ord. 13, 223, 1-25-03)
(3) Any person who violates any provisions of this section or fails to comply with any of its requirements shall, upon conviction thereof, be subject to forfeiture of not more than one thousand dollars ($1,000) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. (Am. by Ord. 12, 881, 8-24-01; Ord. 13, 760, 12-14-04)
(Sec. 32.05 Am. by Ord. 10, 812, 1-18-94)

 

32.06 RENTAL AGREEMENTS AND RECEIPTS
(1) Copies of Rental Agreements, Rules. Rental agreements and rules and regulations established by the landlord, if in writing, shall be furnished to prospective tenants for their inspection before a rental agreement is entered into, and before any earnest money or security deposit is accepted from the prospective tenant. Copies shall be given to the tenant at the time of agreement. (Still in ATCP)

(2) Tenant Rights and Responsibilities. The landlord or any person authorized to enter into a rental agreement shall provide a copy of a document approved by the Landlord and Tenant Issues Committee, entitled "Tenant Rights and Responsibilities," to a tenant at or prior to the signing of a rental agreement. If a residential property unit has more than one tenant, a landlord shall only be required to provide one copy of this document to the tenants. (Am. by Ord-12-00076, 6-20-12)
(a) The document shall contain:
1. An explanation of the rights and responsibilities of tenants as specified in state law                and these Ordinances, including but not limited to:
a. timely payment of rent
b. Maintenance and cleanliness of leased premises
c. responsibility for damages
d. responsibility for repairs
e. notice of intent to move
f. legal rules of conduct
g. provision of complete and accurate prior tenancy information
h. summary of Chapter 32, including but not limited to Secs. 32.04-32.12
i. summary of Section 39.03,relative to housing discrimination
j. summary of Section 34.907 relating to smoke alarms installation and maintenance                  (Cr. by Ord-09-00041, 3-19-09; Am. by Ord-10-00083, 9-15-10)
2. The addresses, telephone numbers and other contact information of agencies and                   organization related to landlord tenant issues, including but not limited to:
a. Apartment Association of South Central Wisconsin
b. Tenant Resource Center
c. Fair Housing Center of Greater Madison
d. Non-emergency police and fire services.
(b) The document shall be made available to landlords by the Building Inspection Division for a charge not to exceed actual cost of production. (Am. by Ord-08-000109, 10-7-08)
(c) Failure to comply with the provisions of this subsection shall subject a landlord to the penalties set forth in Sec. 32.14, M.G.O.
(d) This subsection is effective July 2, 2003. (Cr. by Ord. 13, 336, 6-7-03) (Cr. by Ord. 13, 037, 3-26-02)
NOTE: While the landlord is no longer required to communicate this, the law still requires the Building Inspection Division to create the document and charge no more than cost. This may still be a useful communication tool for landlords to inform tenants of their rights and responsibilities. The document provided by the City may need to be updated.

(3) Receipt for Tenant Payments.
(a) Immediately upon accepting any earnest money or security deposit, the landlord shall provide the tenant or prospective tenant with a written receipt for the deposit, stating the nature of the deposit and its amount. A receipt is not required where payment is made by check bearing a notation describing the purpose for which it was given, unless requested by the tenant. (Still required by ATCP 134)
(b) If a tenant pays rent in cash, the landlord, upon receiving the cash payment, shall provide the tenant with a written receipt stating the nature and amount of the payment. A landlord is not required to provide a receipt for rent payments made by check. (Renumbered by Ord. 13, 037, 3-26-02) (Still required by ATCP 134)

(4) Upon each new lease and at least once every 12 months for every continuing tenant, the owner and tenant(s) shall sign a document indicating the required alarms are installed and operating in accordance with this section. The form must state the tenant, by signing the form, understands it is a violation of this section to tamper with, remove, alter, damage or otherwise render any smoke alarm inoperable. In addition the tenant's signature indicates the tenant understands their responsibility for maintenance and testing of the smoke alarm(s). The form shall state the penalties for rendering smoke alarms inoperable or otherwise affecting the performance of the alarm. (Cr. by Ord-09-00041, 3-19-09) (Sec. 32.06 Cr. by Ord. 12, 533, 2-18-00)
NOTE: The City Council has unanimously refused to repeal this ordinance. They have passed a charter ordinance to override the state pre-emption on grounds that they have the right to regulate for the safety and welfare of Madison's citizens. If this law stands or is pre-empted will be unknown until it is litigated.

(5) Voter Registration Forms. In order to increase citizen participation in elections, and in light of the many tenants residing in the City of Madison, every landlord shall provide a tenant with a voter registration form at the time the tenant takes possession of the residence. The voter registration form shall be the form made available by the City Clerk or as downloaded from the City Clerk's website. The landlord shall also provide each residential unit with the "How to Register" information available from the City Clerk. (Cr. by Ord-12-00096, 7-27-12)

Wis. Stat. 66.0104(2)(d)1, 2013 Wis. Act 76, Sec. 2 Eff. 3/1/14.


32.07 SECURITY DEPOSIT REFUND PROCEDURES.
(1) The landlord may require as a condition of a rental agreement a security deposit for the purposes provided in Sec. 32.07(14) and for no other purpose.
(2)
(a) In this section ‘security deposit’ means the total of all payments and deposits given by a tenant to the landlord in a residential tenancy as security for the performance of the tenant’s obligations, and includes but is not limited to all rent payments in excess of one month’s prepaid rent, all pet deposits, furniture deposits and key deposits.

Wis. Stat. 66.0104(2)(b) Eff. 12/21/11.
(b) The sum of all payments and deposits, held as security deposit shall not exceed the equivalent of one month’s rent. A security deposit may not be instituted or increased during the occupancy of any original tenant(s) under the same, an amended, a renewed or a new rental agreement. If, however, the terms of the amended, new or renewed rental agreement allow as a new condition a pet or a waterbed and the increase in the security deposit is mutually agreed upon in writing between the parties, a security deposit may be instituted or increased provided it does not exceed one month’s rent.
Wis. Stat. 66.0104(2)(b) Eff. 12/21/11.

Wis Stat. 66.0104(2)(b) Eff. 12/21/11.
(c) Landlords who charge an amount less than or equal to fifty percent (50%) of one (1) month’s rent as a security deposit shall be exempt from the provisions of this ordinance which require the payment of a rent credit.
Wis Stat. 66.0104(2)(b) Eff. 12/21/11.

Wis Stat. 66.0104(2)(b) Eff. 12/21/11.
(d) Except as permitted pursuant to Sec. 32.07(8) which provides that a security deposit shall be returned to a tenant or accounted for within twenty-one (21) days of vacation of the premises by that tenant, a landlord may not simultaneously hold a security deposit given by a tenant and a sub-tenant of the same rental premises unless the total of the deposits made by the parties does not exceed the equivalent of one month’s rent.
Wis Stat. 66.0104(2)(b) Eff. 12/21/11.

(e) Nothing in this subsection shall be construed as prohibiting the voluntary prepayment of rent by a tenant or the prepayment of rent by a tenant pursuant to a mutually agreed upon semesterly, annual or other periodic payment plan, provided the plan contains a bona fide monthly rental payment option which the tenant is free to elect at her or his sole discretion.
A bona fide rental payment option within the meaning of this ordinance is one where the total of all payments under the monthly payment option does not exceed by more than five percent (5%) the total of all payments under any of the other periodic payment options.
NOTE: Previously, late fees were limited to 5%, this is another way of saying the same thing.
(3) Rent Credit. The landlord shall provide a yearly rent credit calculated from the date the security deposit is paid or an earnest money deposit has been applied toward the security deposit according to Sec. 32.10(2)(b) to the date the security deposit is either returned or properly accounted for under Sec. 32.07(8) of the Madison General Ordinances. The rent credit shall be equivalent to the State of Wisconsin Department of Financial Institutions’ (DFI) announced interest rate to be paid by Wisconsin’s financial institutions for money held in escrow accounts for real estate; and the Mayor shall direct that the rent credit rate and that of the prior twenty (20) years be available to the public at the City Clerk’s office, Building Inspection Division, Madison public libraries and on the City’s official web page. The interest rate credited shall be the announced rate on the date the security deposit is paid or an earnest money deposit is applied toward the security deposit and the rate in effect on each annual anniversary date thereafter. Am by Ord. 08-000109, 10-7-08
(a) The rent credit and the date it is received shall be specified in the lease and in any subsequent renewal or given in writing to the tenant at the time of entering into the rental agreement.
(b) If not credited to the last month’s rent annually or otherwise distributed to the tenant prior to the termination of the tenancy, the rent credit shall be paid to the tenant or accounted for in writing using the procedures set forth below for the return of the security deposit within twenty-one (21) days after surrender of rental premises and restoration of possession to the landlord.
(c) Voluntary prepayments of rent by a tenant under Section 32.07(2)(e) are not subject to the rent credit provisions set forth in this subsection.
(d) This subsection shall become effective January 1, 2004. Repealed and recreated by Ord. 13, 414, 10-4-03 Wis. Stat. 66.0104(2)(b)Eff. 12/21/11.

(4) The tenant shall place the dwelling unit in as overall clean condition, excepting ordinary wear and tear, as when the tenancy commenced or as improved by the landlord, the landlord’s agents or the tenant pursuant to a written agreement with the landlord. (Former Subsection (5), Renumbered to Subsection (4) and Am. by Ord. 12, 533, 2-18-00)

(5) The landlord and tenant shall use a written CHECK-IN AND CHECK-OUT procedure.
(a) The landlord shall furnish copies of check-in and check-out forms to tenants of each dwelling unit. The check-in form shall be provided to the tenant at the beginning of the tenancy and the check-out form shall be provided to the tenant prior to the termination of the tenancy.
NOTE: Both 2011 Wis. Act. 143 and 2013 Wis. Act 76 change language in the law regarding a check-in sheet.  Wis. Stat. 704.08, 2011 Wis. Act 143, Sec. 18 and Wis. Stat. 704.08, 2013 Wis. Act 76, Sec. 13
Wis. Stat. 66.0104(2)(b) Eff. 12/21/11.

(b) Before a landlord accepts a security deposit under Sec. 32.10(3)(b), or converts an earnest money deposit to a security deposit under Sec. 32.10(2)(b) the landlord shall notify the tenant in writing that the tenant may do any of the following by a specified date which is not less than seven (7) days after the start of tenancy:
1. Inspect the dwelling unit and notify the landlord of any pre-existing damages or defects by noting the conditions on the check-in form.
2. Request a list of physical damages or defects, if any, charged to the previous tenant’s security deposit, and request the opportunity to view, within 30 days of the receipt of the notice, the photographs maintained by the landlord under Sec. 32.07(14)(a) documenting such physical damages or defects. The landlord may require the tenant to make this request, if any, in writing. (Still in ATCP 134) Am. by Ord 08-00043 4-26-08

(c) If a tenant makes a request under Paragraph (b)2., the landlord shall provide the tenant with a list of all physical damages or defects charged to the previous tenant’s security deposit, regardless of whether those damages or defects have been repaired, as well as provide the opportunity to view, within 30 days of the receipt of the notice, the photographs maintained by the landlord under Sec. 32.07(14)(a) documenting such physical damages or defects. The landlord shall provide the list and make the photographs available for viewing by the tenant within 30 days after the landlord receives the request, or within 7 days after the landlord notifies the previous tenant of the security deposit deductions, whichever occurs later. The landlord may explain that some or all of the listed damages or defects have been repaired, if that is the case. The landlord need not disclose the previous tenant’s identity, or the amounts withheld from the previous tenant’s security deposit. Am. by Ord. 08-00043 4-26-08

(d) All check-out forms shall be comparable to the check-in forms. All check-out forms shall provide an obvious place for the tenant’s forwarding address. Check-out forms shall also provide a space for the rent credit due and a space for the landlord’s explanation for any portion of the rent credit deemed not due.

(e) Acknowledgement, if any, of receipt of the check-in and check-out forms or combined check-in/check-out form shall be included in a written document entitled “NONSTANDARD RENTAL PROVISIONS”, which the landlord provides to the tenant. 

(f) The landlord has the burden of proving compliance with all provisions and procedures set forth in this subsection or forfeits all right to any portion of the security deposit. (Former Subsection (6), Renumbered to Subsection (5), Am. by Ord. 12, 533, 2-18-00)

(6) Failure by the landlord to offer either the check-in or check-out forms shall forfeit the landlord’s right to withhold any amount from a security deposit for alleged cleaning costs or damages. (Former Subsection (7) Renumbered to Subsection (6) by Ord. 12, 533, 2-18-00)


(7) Every landlord who accepts a security deposit shall, within twenty-one (21) days after a tenant surrenders the rental premises, return, in person or by mail, to the tenant at the tenant’s forwarding address or at the tenant’s last known address if a forwarding address is not provided to the landlord, either:
(a) The full security deposit; or

(b) A written, itemized statement showing the specific reason or reasons for the withholding of the deposit or any portion of the deposit, applicable receipts and estimates including the necessary hours and the wage rate for the work done or to be done any rent credit due, and a notice, in a minimum of ten-(10) point font, that the tenant will be provided a copy of the photographs documenting any damage, waste or neglect of the premises being charged to the tenant if requested by the tenant in writing within 30 days of receipt of the notice. Upon receipt of a timely request, the landlord has 30 days to provide the tenant a copy of the photographs maintained by the landlord under Sec. 32.07(14)(a) documenting the damage, waste or neglect. The landlord shall not be held responsible for the inability of the Post Office to complete delivery of a first class letter. (Am. by ORD-07-00015, 2- 06-07; ORD-08-00043, 4-26-08; ORD-10-00108, 11-17-10) 

(c) If a landlord returns a security deposit in the form of a check, draft, or money order, the landlord shall make the check, draft, or money order payable to all tenants who are parties to the agreement, unless the tenants designate a payee in writing. (Still in ATCP)
(d) A tenant does not waive his or her right to the full amount owed under Subdivision (a) merely by accepting a partial payment of that amount. (Former Subsection (8), Renumbered to Subsection (7),  Am. by Ord. 12, 533, 2-18-00) (Still in ATCP)

(8) A tenant surrenders the premises under Subsection (7) on the last day of tenancy provided under the rental agreement, except that:
(a) If the tenant vacates before the last day of tenancy provided under the rental agreement, and gives the landlord written notice that the tenant has vacated, surrender occurs when the landlord receives the written notice that the tenant has vacated. If the tenant mails the notice to the landlord, the landlord is deemed to receive the notice on the second day after mailing.
(b) If the tenant vacates the premises after the last day of tenancy provided under the rental agreement, surrender occurs when the landlord learns that the tenant has vacated.
(c) If the tenant is evicted, surrender occurs when a writ of restitution is executed, or the landlord learns that the tenant has vacated, whichever occurs first. (Subsection (8) created by Ord. 12,533, 2-18-00)
NOTE:  Security Deposit Return. If the tenant moves out early, the landlord has to return the security deposit within 21 days after the end of the lease or the date a new lease begins for that same unit, whichever is earlier. This also applies to commercial leases until revoked by 2013 Wis. Act 76 on 3/1/14. This law went into effect for anyone vacating their leases early as of 3/31/12. If a lease has a provision that is contrary to this law, the law first goes into effect when that lease is renewed. Wis. Stat. 704.28, 2011 Wis. Act 143, Sec. 22
NOTE:  After an eviction, the landlord can now keep a security deposit for up to 21 days after they re-rent the apartment or after the lease ends (whichever is sooner), not 21 days after the writ of restitution is executed or the landlord learns that the tenant has vacated. This provision goes into effect for eviction actions started after 3/1/14. Wis. Stats. 704.28(4)(b) & (c), 2013 Wis. Act 76, Secs. 21, 22 & 23
NOTE: Commercial leases don’t have to follow rules about returning a security deposit. This removes a change that was part of 2011 Wis. Act 143. It applies to tenancies in effect on 3/1/14. Wis. Stat. 704.28(5), 2013 Wis. Act 76, Sec. 24

(9) If the landlord fails to provide a written statement within the prescribed period in accordance with Sec. 32.07(7)(b), or fails to provide the tenant a copy of the photographs requested under Sec. 32.07(7)(b), or fails to comply with the security deposit limits in Sec. 32.07(2)(b) or fails to comply with the rent credit provisions of Sec. 32.07(3), or fails to comply with or otherwise violates Sec. 32.07(14) and (15) concerning the reasons for which security deposits may be withheld, the landlord forfeits all rights to any portion of the deposit. Am. by ORD-08-00043, 4- 26-08, 

(10) If a landlord fails to comply with or otherwise violates the ordinance provisions set forth below, the tenant shall have the right to recover damages in the amount indicated below together with costs including reasonable attorney’s fees:
Ordinance Violation Damages
(a) Failure to comply with the security deposit limit in Sec. 32.07(2)(b).
The money due plus up to twice the amount wrongfully held.
(b) Failure to comply with the rent credit provisions under Sec. 32.07(3).
The money due plus up to twice the amount wrongfully withheld or not provided.
(c) Failure to use check-in/check-out forms under Sec. 32.07(5).
The money due plus up to twice the amount wrongfully withheld.
(d) Failure to return security deposit or provide written statement of reasons for withholding under Sec. 32.07(7)(a) & (b)
The money due plus up to twice the amount wrongfully withheld.
(e) Failure to comply with Sec. 32.07(14) & (15) relating to the reasons for which security deposits may be withheld.
The money due plus up to twice the amount wrongfully withheld.

(11) The holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by this section.
(12) This section does not preclude the landlord or tenant from recovering other damages to which the landlord or tenant is entitled.
(13) Any attempted waiver of this section by a landlord or tenant by contract or otherwise is void and unenforceable.

(14) A landlord may withhold from a tenant’s security deposit only for the following:  
(a) Tenant damage, waste or neglect of the premises, provided that the landlord documents such damage, waste or neglect of the premises with photographic evidence (in any form, so long as such damage, waste or neglect can be photographed), a copy of which must be provided to the tenant upon a timely request being made under Section 32.07(7)(b) and which photographs must be retained by the landlord for either 90 days from providing the tenant notice under Sec. 32.07(7)(b) of partial or full withholding of the security deposit, or 90 days from the start of a new tenancy for the premises, whichever is later. The failure of a landlord to take, provide, or retain a photograph documenting a specific claim of damage, waste or neglect that was able to be photographed only precludes the landlord from withholding from the tenant's security deposit for the specific claim in question, and does not otherwise affect the landlord's ability to recover for such damage, waste or neglect. However, if the tenant accepts responsibility for a specific claim of damage, waste or neglect, in writing on the checkout form, no photograph will be required to be taken, provided, or retained of the specific item. Am. by ORD-08-00043, 4-26-08

(b) Unpaid rent for which the tenant is legally responsible, subject to Sec. 704.29, Wis. Stats.
(c) Payment which the tenant owes for utility service provided by the landlord but not included in the rent.
(d) Payment which the tenant owes for direct utility service provided by a government owned utility, to the extent that the landlord becomes liable for the tenant’s nonpayment.
(e) Unpaid mobile home parking fees assessed against the tenant by a local unit of government under Sec. 66.0435(3), Wis. Stats., to the extent that the landlord becomes liable for the tenant’s nonpayment.

(f) Other reasons authorized in the rental agreement, which may include one or more nonstandard rental provisions authorizing a landlord to withhold from a tenant’s security deposit for reasons not identified in Subdivisions (a) through (e). The landlord shall include the non-standard provisions, if any, in a separate written document entitled “NON-STANDARD RENTAL PROVISIONS” which the landlord provides to the tenant. The landlord shall specifically identify and discuss each non-standard provision with the tenant before the tenant enters into any rental agreement with the landlord. If the tenant signs or initials a non-standard rental provision, it is rebuttably presumed that the landlord has specifically identified and discussed that non-standard provision with the tenant and that the tenant has agreed to it.
Notwithstanding the language above which allows additional reasons for withholding security deposits if those are specified in writing, nothing in this subsection or elsewhere in this chapter shall be construed as authorizing any withholding for normal
wear and tear, including activities that are customarily performed by the landlord or the landlord’s agents before a new tenancy commences, including, but not limited to, washing windows, shampooing carpets, occasional repainting or reupholstering furniture; or for other damages or losses for which the tenant is not otherwise responsible under applicable law.

(15) No landlord may intentionally misrepresent or falsify any claim against a security deposit, including the cost of repairs, or withhold any portion of a security deposit pursuant to an intentionally falsified claim. Sec. 32.07 Am. by Ord. 10,812, Adopted 1-18-94; Am. by Ord. 12,533, 2-18-00; Former Subsection (4) repealed by Ord. 12, 533, 2-18-00

 

32.08 HOUSING OWNERSHIP, DEFECT AND INFORMATION DISCLOSURE.

(1) The landlord or any person authorized to enter into a rental agreement on the landlord’s behalf shall disclose to the tenant in writing, at or before the execution of a rental agreement whether oral or written, the name, address and telephone number of:
(a) The person authorized to collect or receive rent and manage and maintain the premises, and who can promptly be contacted by the tenant; and
(b) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands. The address disclosed shall be an address within the state at which service of process can be made in person.
(c) A landlord shall keep tenants informed of changes, if any, in the information required in Subdivisions (a) and (b). The landlord shall mail or deliver written notice of each change within ten (10) business days after the change occurs. This section extends to and is enforceable against any successor landlord.
(d) This subsection does not apply to an owner-occupied structure containing no more than four (4) dwelling units. Subsection (1) Am. by Ord. 12,533, 2-18-00; Ord. 13,224, 1-25-03(The rest is still in ATCP)

(2) Code Violations and Conditions Affecting Habitability. Before entering into a rental agreement oraccepting any earnest money or security deposit from the prospective tenant, the landlord shall disclose to the prospective tenant:  
(a) The following conditions affecting habitability, the existence of which the landlord knows or could know on basis of reasonable inspection, whether or not notice has been received from code enforcement authorities:
1. The dwelling unit lacks hot or cold running water.
2. Heating facilities serving the dwelling unit are not in safe operating condition, or are not capable of maintaining a temperature in all living areas of the dwelling unit of at least 67°F (19°C) during all seasons of the year in which the dwelling unit may be occupied. Temperatures in living areas shall be measured at the approximate center of the room, midway between floor and ceiling.
3. The dwelling unit is not served by electricity, or the electrical wiring, outlets, fixtures or other components of the electrical system are not in safe operating condition.
4. Any structural or other conditions in the dwelling unit or premises which constitute a substantial hazard to the health or safety of the tenant, or create an unreasonable risk of personal injury as a result of any reasonably foreseeable use of the premises other than negligent use or abuse of the premises by the tenant.
5. The dwelling unit is not served by plumbing facilities in good working condition.
6. The dwelling unit is not served by sewage disposal facilities in good operating condition.
NOTE:  This language was moved from ATCP 134 to Wis. Stat. 704 and modified by 2013 Wis. Act 143 as follows:
Landlords are not required to disclose building code or housing code violations unless:
a. they have actual knowledge of the code violation, AND
b. it applies to that tenant’s specific unit or the property they are renting, AND
c. it presents a significant threat to the tenant’s health or safety, AND
d. the violation has not been corrected.
This law was modified and moved from ATCP 134 and now also applies to commercial leases. Wis. Stat. 704.07(2)(bm), 2011 Wis. Act 143, Secs. 16 & 17

(b) Utility Charges. If charges for water, heat or electricity are not included in the rent, the landlord shall disclose this fact to the tenant before entering into a rental agreement or accepting any earnest money or security deposit from the prospective tenant. If individual dwelling units and common areas are not separately metered, and if the charges are not included in the rent, the landlord shall disclose the basis on which charges for utility services will be allocated among individual dwelling units.  (Still in ATCP) 

(c) The landlord or any person authorized to enter into a rental agreement shall exhibit to the prospective tenant, prior to the time a rental agreement is entered into, the following:
1. A copy of any official notice of outstanding violation of Chapter 27 (Minimum Housing and Property Maintenance Code), Chapter 28 (Zoning Code) or Chapter 29 (Building Code) of the Madison General Ordinances of which the said landlord or person has actual notice and which affects the subject rental building regardless of the location of the violation(s) or defect(s) therein; and
2. A copy of any Hearing Examiner decision and order which affects the subject rental unit or any common areas of the subject rental building.
3. The failure by a landlord to comply with the provisions of this subdivision regarding written notice of a successor tenant’s right to abate rent shall not be subject to the penalties set forth in Sec. 32.14 of the Madison General Ordinances. In addition, prior to the time a rental agreement is entered into, the landlord shall advise the prospective tenant in writing of a successor tenant’s right to abate rent pursuant to the order aforementioned until authorization to abate ceases as provided in Sec. 32.06(6). In cases where the rent abatement request is pending at the time the rental agreement is entered into, the landlord shall provide the successor tenant written notification of a successor tenant’s rights when the case has been decided and shall exhibit a copy of the decision and order to the prospective tenant upon receipt thereof. Finally, at the time occupancy commences the landlord shall exhibit to the tenant (formerly, prospective tenant) a copy of all additional official notices referred to in Subdivision (a) above and a copy of all decisions and orders referred to in Subdivision (b) above, if any have been issued since the signing of the rental agreement. Similarly, at the time of occupancy the landlord shall provide the required written notice of a successor tenant’s rights with respect to all such additional official notices and decisions. The written notice of successor tenant’s rights shall specifically state in underlined or otherwise emphasized print the following: “If you wish to become a successor tenant and to abate rent in accordance with Chapter 32 of the Madison General Ordinances you must provide your landlord and the Rent Abatement Clerk with written notice of that intent within fifteen (15) days of receiving written notification from your landlord of your right as a successor tenant to abate rent. Failure to provide your landlord with timely written notice forfeits your right to be a “successor tenant” and to abate rent as a successor tenant under Chapter 32 of the Madison General Ordinances. Sec. 32.08(2)(d) Am. by Ord. 9796, 5-31-89; Renumbered to Subsection (c) and Am. by Ord. 12,533, 2-18-00

(d) The landlord or any person authorized to enter into a rental agreement shall notify the prospective tenant in writing, prior to the time a rental agreement is entered into, of  occupancy limits imposed on the premises by Sec. 27.06 of the Minimum Housing and Property Maintenance Code; the family definition in Sec. 28.211 of the Zoning Code and the zoning district in which the premises are located; and the off-street parking requirements in Sec. 28.141 of the Zoning Code.   Any tenant required to vacate leased premises because of a violation of any of the sections of the Madison General Ordinances herein specified is relieved of any further obligation under the lease, if he or she has not been so notified. Am. by ORD-12-00134, 1-2-13

(3) Any person authorized to enter into a rental agreement on the landlord’s behalf and who fails to comply with Subsections (1) and (2), becomes an agent of each person who is a landlord for the purpose of:
(a) Service of process and receiving and receipting for notices and demands; and
(b) Performing the obligations of the landlord under this section and under the rental agreement and expending or making available for such purpose all rent collected from the premises.
(4) Penalty. Any person who violates any provision of this section or fails to comply with any of its requirements shall upon conviction thereof forfeit not less than seventy-five dollars ($75) nor more than one thousand five hundred dollars ($1,500). Am. by Ord. 12,881, 8-24-01

(5) Written Reasons for Denial of or Non-Renewal of Tenancy.
(a) All applications for tenancy shall contain the following question in writing in a prominent place on the application: "Do you wish to receive a written explanation of the denial of tenancy? Yes_____ No_____."
(b)
1. Unless the applicant has indicated on the application that the applicant does not want to receive a written explanation of a denial of tenancy, the lessor or any person authorized to enter into rental agreements on behalf of the lessor, shall provide any applicant who is denied tenancy with a written statement of reasons for the denial of tenancy as required by sub (d).
2. If the applicant has indicated s/he does not want to receive a written explanation, the applicant may request a written explanation of a denial within thirty (30) days and the lessor shall provide the statement as required by sub. (d).
(c) A lessor that decides not to renew a tenant’s lease at the expiration of the lease term or terminates a periodic tenancy or tenancy at will, shall provide the affected tenant with a notice of non-renewal as required by sub. (d). The notice shall be served at least sixty (60) days prior to the expiration of the lease term unless the term is shorter than sixty (60) days, which shall require a notice compliant with Wis. Stat. § 704.19.
(d)
1. In denying an initial application for tenancy or non-renewal of a lease at the expiration of a lease term or a tenancy period or terminating a tenancy at will, the lessor shall furnish the applicant or tenant a written statement of the reasons tenancy was denied or terminated.
2. The statement shall include the reason(s) for the action, a description of the information supporting the decision, and identification of all sources of the relied-upon information. Lessor shall also furnish the applicant with a copy of the lessor’s tenant selection policies.
3. The written notification required by sub. 1. shall be personally delivered or mailed to the applicant within three (3) days of the denial of tenancy.
4. An application is deemed denied for the purpose of this section if no determination is made by the lessor within twenty-one (21) days of the date the completed application is received by the lessor. Sec. 32.08(5) R. & Rec. by ORD-13-00181, 11-5-13

(6) Severability. The provisions of any part of this ordinance are severable. If any provision or subsection hereof or the application thereof to any person or circumstances is held invalid, the other provisions, subsections and applications of such ordinance to other persons or circumstances shall not be affected thereby. It is declared to be the intent of this ordinance that the same would have been adopted had such invalid provisions, if any, not been included herein.
(7) Effective Date. The effective date of this section shall be August 1, 1978. All disclosure and notice to tenant requirements under Subsections (1) and (4) shall be given to tenants under existing rental agreements on or prior to said date and thereafter to any new tenants as provided herein. The requirements of Subsection (2) shall be effective on August 1, 1978 and be applicable to all current and future tenancies.
(8) Requirement That Landlord Notify Tenant of Automatic Renewal Clause. A provision in a lease of residential property that the lease shall be automatically renewed or extended for a specified period unless the tenant or either party gives notice to the contrary prior to the end of the lease is not enforceable against the tenant unless the lessor, at least fifteen (15) days but not more than thirty (30) days prior to the time specified for the giving of such notice to him, gives to the tenant written notice in the same manner as specified in Sec. 704.21, Wis. Stats. calling the attention of the tenant to the existence of the provision in the lease for automatic renewal or extension. Sec. 32.08 Am. by Ord. 7542, 10-22-81; Former Subsection (3) Repealed, and Former Subsections (4)-(8) Renumbered to Subsections (3)-(7) by Ord. 12,533, 2-18-00; Former Subsections (5)-(7) Renumbered to
Subsections (6)-(8) by Ord. 13,039, 3-26-02  (Still in ATCP)

 

32.09 PROMISES TO REPAIR
(1) Date of Completion. Every promise or representation made by a landlord to a tenant or prospective tenant to the effect that the dwelling unit or any other portion of the premises, including furnishings or facilities, will be cleaned, repaired or otherwise improved by the landlord shall specify the date or time period on or within which the cleaning, repairs or improvements are
to be completed. (Still in ATCP)
(2) Initial Promises in Writing. All promises made before the initial rental agreement shall be in writing with a copy furnished to the tenant. (Still in ATCP)
(3) Performance; Unavoidable Delays. No landlord shall fail to complete the promised cleaning, repairs or improvements on the date or within the time period represented under Subsection (1), unless the delay is for reason of labor stoppage, unavailablility of supplies or materials, unavoidable casualties, or other causes beyond the landlord’s control. The landlord shall give timely notice to the tenant of reasons beyond the landlord’s control for any delay in performance, and stating when the cleaning, repairs or improvements will be completed.
(4) Private Right to Recovery. Nothing herein shall be construed so as to deprive any tenant or prospective tenant from maintaining and prosecuting a private action against a landlord for damages caused by said landlord’s failure to comply with any provision of this section of the ordinances. Sec. 32.09 Cr. by Ord. 7542, 10-22-81

 

32.10 EARNEST MONEY DEPOSITS.
(1) A landlord may not accept an earnest money deposit or security deposit from a rental applicant until the landlord identifies to the applicant the dwelling unit or units for which the applicant is being considered for tenancy. (Still in ATCP)
(2) Refunding or Crediting An Earnest Money Deposit.
(a) A landlord who receives an earnest money deposit from a rental applicant shall send the full deposit to the applicant by first-class mail, or shall deliver the full deposit to the applicant, by the end of the next business day after any of the following occurs:
1. The landlord rejects the rental application or refuses to enter into a rental agreement with the applicant.
2. The applicant withdraws the rental application before the landlord accepts that application.
3. The landlord fails to approve the rental application by the end of the third business day after the landlord accepts the applicant’s earnest money deposit, or by a later date to which the tenant agrees in writing. The later date may not be more than 21 calendar days after the landlord accepts the earnest money deposit.
(b) A landlord who receives an earnest money deposit from a rental applicant shall do one of the following if the landlord enters into a rental agreement with that applicant:
1. Apply the earnest money deposit as rent or as a security deposit.
2. Return the earnest money deposit to the tenant.
(c) A person giving an earnest money deposit to a landlord does not waive his or her right to the full refund or credit owed under Subdivision (a) or (b) merely by accepting a partial payment or credit of that amount.
(3) Withholding An Earnest Money Deposit.
(a) A landlord may withhold from a properly accepted earnest money deposit if the prospective tenant fails to enter into a rental agreement after being approved for tenancy, unless the landlord has significantly altered the rental terms previously disclosed to the tenant.
(b) A landlord may withhold from an earnest money deposit, under Subdivision (a), an amount sufficient to compensate the landlord for actual costs and damages incurred because of the prospective tenant’s failure to enter into rental agreement. The landlord may not withhold for lost rents unless the landlord has made a reasonable effort to mitigate those losses, as provided under Sec. 704.29, Wis. Stats.

(c) Upon request by any person giving an earnest money deposit, the landlord shall provide that person with a written statement accounting for all amounts permanently withheld from the deposit. Sec. 32.10 Cr. by Ord. 7542, 10-22-81; Am. by Ord. 12,533, 2-18-00
NOTE:  DATCP regulations exempt credit check fees up to $20 from the definition of earnest money (ATCP 134.02(3)) and the new law requires Madison to allow this. A landlord may charge the actual cost (up to $20) for a credit check fee if they follow all the rules in ATCP 134.05. Wis. Stat. 66.0104(2)(b) Eff. 12/21/11

 

32.11 PROHIBITED RENTAL AGREEMENT PROVISIONS.
No rental agreement may:  
(1) Authorize the eviction or exclusion of a tenant from the premises, other than by judicial eviction procedures as provided under Ch. 799, Wis. Stats.
(2) Provide for an acceleration of rent payments in the event of tenant default or breach of obligations under the rental agreement, or otherwise purport or waive the landlord’s obligation to mitigate damages as provided under Sec. 704.29, Wis. Stats.
(3) Require payment, by the tenant, of attorney’s fees or costs incurred by the landlord in any legal action or dispute arising under the rental agreement. This does not prevent the recovery of costs or attorney’s fees by a landlord or tenant pursuant to a court order under Ch. 799 or 814, Wis. Stats.
(4) Authorize the landlord or any agent of the landlord to confess judgment against the tenant in any action arising under the rental agreement.
(5) Relieve, or purport to relieve the landlord from liability for property damage or personal injury caused by negligent acts or omissions of the landlord. This does not affect ordinary maintenance obligations assumed by a tenant under a rental agreement, in accordance with Sub. (7) and Sec. 704.07, Wis. Stats.
(6) Impose, or purport to impose liability on a tenant for:
(a) Personal injury arising from causes clearly beyond the tenant’s control.
(b) Property damage caused by natural disasters, or by persons other than the tenant or the tenant’s guests or invitees. This does not affect ordinary maintenance obligations assumed by a tenant under the rental agreement, in accordance with Sub. (7) and Sec. 704.07, Wis. Stats.
(7) Provide for the waiver of any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition, or maintain the premises during tenancy. (Am. by Ord. 12,533, 2-18-00)

NOTE:  With the passage of 2011 Wis. Act 143 the provisions above, and a few additional ones detailed in Wis. Stat. 704.44 additional ones, can make the entire lease "void and unenforceable". This applies to any lease in effect as of 3/31/12.

(8) Contain any provision which, if enforced or invoked, would violate Chapter 32 or other ordinance or state law. (Cr. by Ord. 10,812, Adopted 1-18-94)
(9) Require payment by the tenant of the cost of cleaning or shampooing carpet or require that carpet be cleaned or shampooed at the end of a lease term, unless there is unusual damage caused by tenant abuse. (Cr. by Ord. 13,174, 11-5-02; Reconsidered & republished, 11-26-02) Sec. 32.11 Cr. by Ord. 7542, 10-22-81

 

32.12 PROHIBITED PRACTICES.
(1) Advertising or Rental of Condemned Premises. No landlord may rent or advertise for rent any premises which have been placarded and condemned for human habitation, or on which a notice of intent to placard and condemn, or an order to raze, or to rehabilitate or raze, or any similar order has been received under state or local laws or ordinances, until and unless all repairs required to bring the property into compliance with the laws or ordinances have been completed.
(2) Automatic Lease Renewal Without Notice. No landlord shall enforce, or attempt to enforce, an automatic renewal or extension provision in any lease unless, as provided under Sec. 704.15, Wis.  Stats., the tenant was given separate written notice of the pending automatic renewal or extension at least fifteen (15) days, but no more than thirty (30) days before its stated effective date. (Still in 704)
(3) Confiscation of Personal Property. No landlord may seize or hold a tenant’s personal property, or prevent the tenant from taking possession of the tenant’s personal property, except as authorized under Secs. 704.05(5) and 779.43, Wis. Stats., or a written lien agreement between the landlord and the tenant. A lien agreement, if any, shall be executed in writing at the time of the initial rental agreement. The landlord shall include the lien agreement in a separate written document  entitled “NON-STANDARD RENTAL PROVISIONS” which the landlord provides to the tenant. The landlord shall specifically identify and discuss the lien agreement with the tenant before the tenant enters into any rental agreement with the landlord. The lien agreement is not effective unless signed or initialed by the tenant. Any proceeds from the disposition of personal property that, together with a security deposit, exceed one month’s rent shall be due the tenant. Am. by Ord. 12,533, 2-18-00
(4) Retaliatory Conduct.
(a) Except as provided in sub. (b), no landlord shall terminate a tenancy or give notice preventing the automatic renewal of a lease, or refuse to renew a lease, or constructively evict a tenant by means of the termination or substantial reduction of heat, water or electricity to the dwelling unit, or report the tenant to law enforcement authorities as having unlawfully entered or immigrated into the United States regardless of the validity of such a report, or threaten any of the preceding, in retaliation against a tenant if there is a preponderance of evidence that the action or inaction would not occur but for the landlord’s retaliation against the tenant for doing any of the following:
1. Reporting a violation of this chapter or a building or housing code to any governmental authority, or filing suit alleging such violation; or
2. Joining or attempting to organize a tenant’s union or association or a neighborhood watch group or a neighborhood association; or
3. Asserting, or attempting to assert any right specifically accorded to tenants under state or local law.
(b) Notwithstanding sub. (a), a landlord may bring an action for possession of the premises if the tenant has not paid rent other than a rent increase prohibited by sub. (a). (Am. by Ord. 13,711, 10-26-04; ORD-07-00143, 10-18-07)
(5) Self-Help Eviction. No landlord may exclude, forcibly evict, or constructively evict a tenant from a dwelling unit other than by an eviction procedure specified under Chapter 799, Wis. Stats. (Cr. by Ord. 12,533, 2-18-00)
(6) Failure to Deliver Possession. No landlord shall fail to deliver possession of the dwelling unit to the tenant at the time agreed upon in the rental agreement, except where the landlord is unable to deliver possession because of circumstances beyond the landlord’s control. (Renumbered from 32.12(5) by Ord. 12,533, 2-18-00)

(7) Minimum Income Requirements.  
(a) No landlord may deny an application for housing based solely on a minimum income requirement or minimum income-to-rent ratio or other financial criterion of a similar nature as part of a prospective tenant screening process if other reliable, demonstrable evidence of an applicant’s actual ability to pay the rental amount exists and is provided by the applicant.
“Evidence of actual ability to pay the rental amount” shall mean demonstrated ability to pay both (i) a comparable income-to-rent ratio and (ii) a comparable rent amount over the past twenty-four months with income from any lawful source or combination of lawful sources. A landlord may consider increases in the applicant’s expenses and debts compared to the prior twenty-four month period when calculating the evidence of the actual ability to pay the rental amount. “Reliable demonstrable evidence” shall include but not be limited to: references from landlords and employers or written documentation reasonably necessary to verify prior rent payment history and income, such as a lease, cancelled checks or receipts; certificates, vouchers, or other proof of governmental assistance; wage statements; pay stubs or proof of other lawful sources of income; or tax returns. “Comparable” shall mean equal to or greater than.
(b) No landlord may require any prospective tenant to produce or disclose their Social Security Number in relation to an application for housing or in relation to the execution of a lease, unless such disclosure is mandated by state or federal law. An applicant's refusal to provide a Social Security Number to a landlord shall not be a basis upon which said landlord may deny housing to such an applicant unless such disclosure is mandated by state or federal law. Every application for housing which requests the production or disclosure of an applicant's Social Security Number shall notify the applicant of the specific state or federal statute which mandates such disclosure or shall notify the applicant that such disclosure is voluntary and that the  landlord may not deny the applicant housing on the basis of the applicant's decision to withhold their Social Security Number. Cr. by Ord. 13,711, 10-26-04
(c) Nothing in this subsection shall prohibit a landlord from requesting supplementary documentation of income if required to do so by law or as a condition of eligibility under any local, state or federal government program or from voluntarily considering other evidence of actual ability to pay submitted by an applicant in the event reliable demonstrable evidence as defined above does not exist.
(d) Nothing in this subsection shall prohibit a landlord from requiring a co-signer or guarantor for a rental agreement, where the applicant does not meet the minimum income requirement or minimum income-to-rent ratio and some or all of the rent will be paid by a private individual on the applicant’s behalf.
(e) Nothing in this subsection shall be construed to prohibit a landlord from denying an application based solely on an applicant’s participation in, or the requirements of, the federal Section 8 program.
NOTE:  Section 8 is still a protected class under chapter 39.
(f) In addition to the penalties provided in this chapter, an applicant who is denied housing based on a minimum income requirement or minimum income-to-rent ratio may sue for damages therefor in a court of competent jurisdiction and shall recover twice the amount of any pecuniary loss, together with costs including reasonable attorney’s fees.
(g) Upon receipt of an application for housing or an earnest money deposit, the landlord shall disclose in writing to the applicant any use of a minimum income requirement or minimum income-to-rent ratio and the reliable demonstrable evidence acceptable to landlord as part of a prospective tenant screening process.
(h) Upon denial of an application for housing that is based solely on a minimum income requirement or minimum income-to-rent ratio, the landlord shall furnish in writing to the applicant a notice of the reason or reasons for the denial. Reasons for denial shall be provided to the applicant by the end of the third business day after the landlord receives the application or earnest money deposit, or by a later date to which the applicant agrees in writing. The later date may not be more than 21 calendar days after the landlord receives the earnest money deposit. The notice of reasons for denial shall inform the applicant that the application will receive another consideration if there is an available unit and if the applicant furnishes to the landlord evidence of actual ability to pay the rental amount. Notice of denial shall also include information regarding the type of information the landlord will find acceptable in order to reconsider the applicant.
Notwithstanding the above, nothing in this subsection shall require a landlord to hold the apartment for an applicant who has initially been denied based on a minimum income requirement or minimum income-to-rent ratio.
(i) This ordinance shall become effective 45 days from the date of its adoption by the Common Council.
(j) (Repealed by Ord. 12,772, 3-13-01) Sec. 32.12 Cr. by Ord. 7542, 10-22-81; Am. by Ord. 12,473, 9-23-99; Sec. 32.12(7) renumbered from Sec. 32.12(6) by Ord. 12,533, 2-18-00)

(8) Showing Premises for Rental Purposes. No landlord may enter leased premises for the purpose of showing the premises to prospective tenants until one-fourth (1/4) of the lease period has passed. This provision does not apply to:
(a) entry for the purpose of subletting or if a lease period is less than nine (9) months; or
(b) if a summons and complaint for eviction has been filed.
(c) such dates and times agreed to in writing by the landlord and tenant, when the tenant has signed a notice of non renewal. Cr. by Ord 13,702, 9-29-04; Cr. by Ord. 12,709, 11-9-00; Am. by Ord 13,702, 9-29-04

Wis. Stat. 66.0104(2)(a)4.  Eff 12/21/11.
(9) Landlord and Tenant shall enter into a Non Standard Rental Provision, in the manner prescribed in Sec. 32.07(14)(f), Madison General Ordinances, that provides that Landlord will not enter into an agreement to rent the leased premises to another tenant for the subsequent lease period until after the date specified in the Non Standard Rental Provision. This provision does not apply if a lease period is less than nine (9) months Nothing in this subsection shall prohibit a landlord from mitigating their damages after an eviction or a lease termination.
(a) If Landlord and Tenant fail to enter into a Non Standard Rental Provision regarding showing premises for rental purposes, then it is presumed that the parties to the lease intend that the Landlord will not rent the leased premises to another tenant for a subsequent lease period until after one fourth (1/4) of the lease period has passed.
(Cr. by Ord. 12,709, 11-9-00; Am. by Ord. 13,702, 9-29-04) 
Wis. Stat. 66.0104(2)(a)4.  Eff 12/21/11.

(10) Threats of Prohibited Practices. No landlord shall threaten to engage in, or attempt to engage in, any practice that violates Sections 32.12(3), 32.12(4) or 32.12(5) of the Madison General Ordinances. (Cr. by Ord. 12,817, 5-18-01)

(11) Late Rent Fees and Penalties. No landlord may charge a late rent fee or late rent penalty to a tenant, except as specifically provided under the rental agreement. A late rent fee or late rent penalty shall not exceed five percent (5%) of the periodic rental payment. Before charging a late rent fee or late rent penalty to a tenant, a landlord shall apply all rent payments received from that tenant to offset the amount of rent owed by a tenant. No landlord may charge any tenant a fee or penalty for nonpayment of a late rent fee or late rent penalty. If a landlord offers a tenant a rent discount or reduction in rent for the advance or timely payment of rent, then the landlord may not also charge a late rent fee or late rent penalty. Such a rent discount or reduction shall not exceed five percent (5%) of the periodic rental payment. (Cr. by Ord. 12,533, 2-18-00; Renumbered by 0Ord. 12,709, 11-9-00; Ord. 13,175, 11-5-02)

(12) No landlord may do any of the following for the purpose of inducing any person to enter into a rental agreement:
(a) Misrepresent the location, characteristics or equivalency of dwelling units owned or offered by the landlord.
(b) Misrepresent the amount of rent or non-rent charges to be paid by the tenant.
(c) Fail to disclose, in connection with any representation of rent amount, the existence of any non-rent charges which will increase the total amount payable by the tenant during tenancy.
(d) Misrepresent to any person, as part of a plan or scheme to rent a dwelling unit to that person, that the person is being considered as a prospective tenant for a different dwelling unit. Renumbered by Ord. 12,709, 11-9-00
(13) City Financial Assistance.
(a) Refusal to Make Available. It shall be unlawful for any person receiving City financial assistance for the development, redevelopment or rehabilitation of a housing project to refuse to rent or lease, refuse to negotiate for the lease or rental, or otherwise make unavailable, deny or withhold such housing solely because the applicant for housing is a direct recipient of federal, state or local government housing subsidies. Recipients of City financial assistance shall comply with this subdivision for a minimum of the term of assistance or longer, as negotiated. This provision shall apply only to the specific project receiving City financial assistance.
(b) Effective Date. This provision shall apply to projects receiving new City financial assistance on or after December 1, 2002.Cr. by Ord. 13,171, 10-29-02
(14) Rent In Place. It shall be unlawful for a landlord to: terminate the tenancy of a tenant, prior to the last day of tenancy under the existing rental agreement, based solely upon the tenant’s participation in, or the requirements of the federal Section 8 program, when the tenant has received a voucher for the federal Section 8 program from the CDA; or refuse to accept rent payments in the form of a federal Section 8 voucher when the tenant has received said voucher after the approval of the rental application.
(a) Amendments and Extension of Lease. Any amendments to the rental agreement, or any rental agreement, which may be required by the tenant’s participation in the federal Section 8 program shall not extend the term of the tenancy beyond the last day of the rental agreement, unless the tenant and landlord agree to such an extension.
(b) Referral to City Attorney. A refusal by a landlord to participate in the Section 8 Program when a tenant has received a voucher for it from the CDA prior to the last day of tenancy under the existing rental agreement may be reported to the CDA, who shall refer the refusal to the City Attorney. A landlord found to have wrongly denied tenancy under the Section 8 program may be prosecuted by the City Attorney’s office and, upon conviction, shall be subject to the penalties under Sec. 32.12(16) of these ordinances.
(c) Effective Date. This Subsection shall take effect on November 1, 2002. Cr. by Ord. 13,171, 10-29-02; Am. by ORD-06-00052, 5-4-06
(15) No landlord may refuse to provide an application form or deny an application for housing based solely on the status of a tenant’s application for a Section 8 voucher or that a tenant is on a waiting list to receive a Section 8 voucher. A refusal by a landlord to provide an application form or deny an application for housing based solely on the status of a tenant’s application for a Section 8 voucher or that a tenant is on a waiting list to receive a Section 8 voucher may be reported to the CDA who shall refer the refusal to the City Attorney. A landlord found to have wrongly denied tenancy under the Section 8 program may be prosecuted by the City Attorney’s office and, upon conviction, shall be subject to the penalties under Sec. 32.12(17) of these ordinances.
(a) Participation Limited. Nothing in this subsection shall be construed to require a landlord to participate in the federal Section 8 program other than to accept a federal Section 8 voucher from a tenant pursuant to Secs. 32.12(13) and (14), Madison General Ordinances.
(b) Effective Date. This Subsection shall take effect on November 1, 2002. Cr. by Ord. 13,171, 10-29-02; Am. by ORD-06-00052, 5-4-06
(16) Penalty.
(a) By City. Any person who violates any provisions contained in Subsections 32.12 (13), (14) or (15) of these ordinances, or fails to comply with any of the several requirements, shall upon conviction thereof forfeit not less than $100 nor more than $3,000 for the first conviction within three (3) years; not less than $3,000 nor more than $5,000 for a second conviction within three (3) years; and not less than $5,000 nor more than $10,000 for a third or subsequent conviction within three (3) years.
(b) By Tenant. In addition to the forfeitures provided above, any tenant subjected to a landlord’s unlawful conduct prohibited in Subsections 32.12(13), (14) or (15), above, shall be entitled to initiate a separate cause of action and shall be entitled to  receive up to triple his/her actual damages plus reasonable attorney’s fees and costs. Cr. by Ord. 13,171, 10-29-02
(17) Severability. The provisions of any part of this ordinance are severable. If any provision or subsection hereof or the application thereof to any person or circumstances is held invalid, the other provisions, subsections and applications of such ordinance to other persons or circumstances shall not be affected thereby. It is declared to be the intent of this ordinance that the same would have been adopted had such invalid provisions, if any, not been included herein. Cr. by ORD-07-00143, 10-18-07

 

32.13 REPAIRS, UNTENANTABILITY.
(1) Application of Section. This section applies to any tenancy if there is no contrary provision in writing signed by both parties. Nothing in this section is intended to affect rights and duties arising under other provisions of the Statutes.
(2) Duty of Landlord.
(a) Unless the repair was made necessary by the negligence or improper use of the premises by the tenant, the landlord is under duty to:
1. Keep in reasonable state of repair portions of the premises over which he maintains control;
2. Keep in a reasonable state of repair equipment under his control necessary to supply services which he has expressly or impliedly agreed to furnish to the tenant, such as heat, water, elevator or air-conditioning;
3. Make necessary structural repairs;
4. Repair or replace plumbing, electrical wiring, machinery or equipment furnished with the premises and no longer in reasonable working condition, except as provided in Sec. 32.13(3)(b).
(b) If the premises are part of a building, other parts of which are occupied by one or more other tenants, negligence or improper use by one tenant does not relieve the landlord from his duty as to the other tenants to make repairs as provided in Subdivision (a) above.
(c) If the premises are damaged by fire, water or other casualty, not the result of the negligence or intentional act of the landlord, this subsection is inapplicable and either Sec. 32.13(3) or (4) governs.
(3) Duty of Tenant.
(a) If the premises are damaged by the negligence or improper use of the premises by the tenant, the tenant must repair the damage and restore the appearance of the premises by redecorating. However, the landlord may elect to undertake the repair or redecoration, and in such case the tenant must reimburse the landlord for the reasonable cost thereof; the cost to the landlord is presumed reasonable unless proved otherwise by the tenant.
(b) The tenant is also under a duty to keep plumbing, electrical wiring, machinery and equipment furnished with the premises in reasonable working order if repair can be made at cost which is minor in relation to the rent.
(4) Untenantability Because of Damage by Fire, Water or Other Casualty, or Hazard to Health. If the premise becomes untenantable because of damage by fire, water or other casualty or because of any condition hazardous to health, the tenant may remove from the premises unless the landlord proceeds promptly to repair or rebuild or eliminate the health hazard; or the tenant may remove if the inconvenience to the tenant by reason of the nature and period of repair, rebuilding or elimination would impose undue hardship on him. If the landlord proceeds to repair or rebuild the premises or eliminate the hazard to health, and the tenant remains in possession, rent abates to the extent the tenant is deprived of the full normal use of the premises. If the tenant justifiably moves out under this subsection, the tenant is not liable for rent after the premises become untenantable and the landlord must repay any rent paid in advance apportioned to the period after the premises become untenantable. This subsection is inapplicable if the damage or condition is caused by negligence or improper use by the tenant. Sec. 32.13 Cr. by Ord. 7542, 10-22-81

 

32.14 PENALTIES.
(1) Any violation of any section of Chapter 32 of the Madison General Ordinances for which there is not provided a specific penalty shall be subject to a forfeiture of not less than sixty dollars ($60) nor more than six hundred dollars ($600) upon conviction. Each day of violation shall be construed as a separate offense.
(2) The civil remedies provided to landlords and tenants in this chapter are not intended to preclude prosecution of an individual for violating any of the provisions of this chapter and the imposition of a forfeiture by the court upon conviction. Sec. 32.14 Am. by Ord. 10,812, Adopted 1-18-94; Ord. 12,817, 5-18-01; Ord. 12,881, 8-24-01

 

32.15 RETALIATION PROHIBITED.
(1) No person or tenant shall be retaliated against for complaining of violations of Secs. 32.05, 32.07, 32.11, 32.12 or 32.13 of the Madison General Ordinances or for complying with those sections.
(2) Retaliation shall include, but not be limited to, eviction, inconsistent rent payment increases, failure to perform promised repairs, refusal to renew a lease or other harassment of the tenant committed by the landlord or his or her agents, or threatening any of the preceding. Any such acts shall be presumed to be retaliatory if committed within six months after the tenant has complained to any state or local investigatory or enforcement agency of violations of Secs. 32.05,  32.07, 32.11, 32.12 or 32.13 of the Madison General Ordinances or their statutory or administrative code equivalents. In order to overcome the presumption that such acts are retaliatory, the landlord must show by a preponderance of evidence that such acts were based upon good cause, as that term is used in this Chapter. Am. by Ord. 10,452, Adopted 5-19-92; ORD-07-00143, 10-18-07
(3) Any retaliatory act is hereby declared null and void and, in addition to any other penalty provided in this Chapter, is subject to a forfeiture of not less than one hundred fifty dollars ($150) nor more than nine hundred dollars ($900) for each such act. (Am. by Ord. 12,881, 8-24-01)
(4) Enforcement by Tenant. Any person suffering damages because of a violation by any other person of Section 32.15, or Section 32.12(4), may sue for damages therefor in any court of competent jurisdiction and shall recover twice the amount of such damages, together with costs, including reasonable attorney’s fees. (Cr. by ORD-07-000143, 10-18-07)
(5) Severability. The provisions of any part of this ordinance are severable. If any provision or subsection hereof or the application thereof to any person or circumstances is held invalid, the other provisions, subsections and applications of such ordinance to other persons or circumstances shall not be affected thereby. It is declared to be the intent of this ordinance that the same would have been adopted had such invalid provisions, if any, not been included herein. Cr. by ORD-07-000143, 10-18-07; Section 32.15(1)-(3) Cr. by Ord. 8544, 3-18-85

 

32.16 SELF-SERVICE STORAGE FACILITIES.
For the purposes of this subsection, the definitions found in Wis. Stat. § 704.90(1) shall apply. No operator of a self-storage facility may charge fees to a lessee, except as specifically provided under the rental agreement. A late fee shall not exceed the greater of fifteen percent (15%) of the periodic rent payment or ten dollars ($10.00) for the first late rent payment in any twelve month period and shall not exceed the greater of fifteen percent (15%) of the periodic rent payment or twenty dollars ($20.00) for the second or subsequent late rent payment in any twelve month period. A late fee may not be imposed until 3 calendar days after the unpaid rent is due. When a discount in the amount of rent due is given for payment prior to or on the due date provided in the rental agreement, such discount shall be considered a late fee. Late fees do not include expenses necessary to the preservation, removal, storage, preparation for sale and sale of the personal property, as provided in Sec. 704.90(3), Wis. Stats. Cr. by Ord. 13,415, 10-4-03

 

32.17 SELF HELP REPAIRS.
(1) Eligibility. As an addition to the rent abatement procedures contained in Sec. 32.04, MGO, if a  landlord of a rental premises fails to comply with an order of the Building Inspection Division of the Department of Planning and Community and Economic Development by the original or extended due date and after the issuance of the letter of eligibility for rent abatement, unless such due date is found to be unreasonable upon appeal to the Board of Building Code, Fire Code, conveyance Code and Licensing Appeals pursuant to Sec. 29.18(3) of the Madison General Ordinances, the tenant may elect to cause repairs to be made to correct the violations contained in the order, in accordance with this Sec. 32.17, MGO and deduct the cost of those repairs from their rent, pursuant to this section. If said order of the Building Inspection Division contains more than one item that has not been completed by said due date, the tenant may elect to seek rent abatement for one or more items and self help repairs. (Am. by ORD-09-00019, 3-14-09)
(2) Notice. Prior to commencing self help repairs, the tenant shall send a notice to the landlord, by first class mail, return receipt requested, at the address provided by the landlord to the tenant pursuant to Sec. 32.08(1)(b), or if the premises are an owner occupied structure containing no more than four (4) dwelling units, to the owner’s residence. The Notice shall contain substantially the following information:
(a) The tenant’s statement that the tenant intends to make self help repairs to the property.
(b) The name of the tenant.
(c) A list of the work to be performed. The list shall contain only work necessary to correct the deficiencies found by the Building Inspection Division that were not completed by the original due date.
(d) The name of the persons who will perform the work, including the name of any contractors, subcontractors or other persons hired by the tenant.
(e) The date that work will be commenced. Such date shall not be less than ten (10) days after the date of mailing the notice.
(f) If the tenant intends to perform part or all of the work, a good faith estimate of the number of hours needed to complete the work by the tenant. This notice requirement shall be construed liberally in favor of the person giving notice.  If the landlord has actual notice that the tenant intends to use this self help procedure to correct the items in the Order of the Building Inspection Division, the tenant shall not be barred from deducting the cost of the self help repair from their rent because of a deficiency in meeting this notice requirement.
(3) Commencement of Work.
(a) No work may be commenced by the tenant until ten (10) calendar days after the tenant has mailed, first class return receipt requested, the notice provided in Sub. (2). The  notice provided in Sub. (2) may not be mailed more than ten (10) calendar days before the original due date provided in the original order of the Building Inspection Division. After ten (10) calendar days, if the landlord has not either: commenced the work contained in the order of the Building Inspection Division using their own employees and contractors, or agreed to do the work by assuming direct responsibility for supervising and compensating the contractors retained by the tenant under the schedule previously negotiated by the tenant and the contractor, then the tenant may commence the work. If the landlord agrees to commence the work to correct the deficiencies, the tenant shall make reasonable efforts to accommodate the work and to permit access to the dwelling unit. If the landlord agrees to commence the work to correct the deficiencies, but substantial compliance is not obtained within 30 days of commencing the work, the tenant shall again be eligible for the rent abatement procedures contained in Sec. 32.04, MGO, or the tenant may immediately proceed to complete the work and may deduct payments made by the tenant for work in the manner provided herein.
(b) The ten (10) day limit in this paragraph does not apply if the Building Inspection Division has issued orders for work that relates to health and safety that must be completed in less than ten (10) days. In such cases, the tenant may commence work
within twenty-four (24) hours of giving notice.
(4) Scope of Work to be Deducted. No rent deduction may be made by the tenant for payment for any repairs or work other than work done to correct the code violations outlined in the order of the Building Inspection Division that were not corrected by the original due date.
(5) Rent Deduction. At the time rent is due, the tenant shall submit copies of all invoices for the work to the landlord along with an itemized statement indicating the actual cost of repairs paid for by the tenant and lien waivers from all contractors for work done. The tenant may deduct the entire amount of those repairs for which the tenant has a payment receipt and a lien waiver from contractors and suppliers, from the total amount of rent due. If the actual amount of the receipt for the work or materials exceeds one periodic rent payment, the excess shall be applied to future rents due until the entire amount paid by the tenant for the work or materials has been deducted from rent. In the event that tenants or co-tenants who pay separate rent have jointly completed  the work, they may each deduct a pro rata share of the cost of the repairs from their respective rent payments.
If the owner files a letter of objection (copied to the tenant) with the Building Inspection Division within ten (10) days of receiving notice from the tenant of intent to make repairs under this ordinance, the tenant cannot reduce the rent under the provisions of this ordinance until determined eligible for rent abatement by a Hearing Examiner, pursuant to Sec. 32.04, MGO. For those items determined to be eligible for rent abatement, the landlord will reimburse the tenant one hundred and twenty-five percent (125%) of the costs for repairs as determined by the Hearing Examiner.
(6) Who May Perform Work; Permits Required. When State law, the Wisconsin Administrative Code, Madison General Ordinances or other applicable regulations require that a licensed professional or state-credentialed dwelling contractor perform the work to correct the deficiencies, including architectural, design, surveying, electrical, plumbing, heating and air conditioning work, no one other than a properly licensed professional or state-credentialed dwelling contractor shall perform such work. The tenant shall not perform any work themselves when a licensed professional or state-credentialed dwelling contractor is required to perform the work, nor shall the tenant permit such work to be done by anyone other than a properly licensed professional or state-credentialed dwelling contractor qualified to do the work. A tenant may deduct the cost of materials used by the tenant if the tenant chooses to complete the work themselves. A tenant may deduct the cost of their labor from rent at the hourly rate provide in Sec. 4.20(3), MGO., not to exceed the number of hours stated in the estimate provided pursuant to Sec. 32.17(2)(f), MGO. All work to be completed must be done in a workmanlike manner and must comply with all applicable state and City codes and regulations as provided in the Madison General Ordinances. No work may be commenced by the tenant until all applicable permits and regulatory approvals are obtained. If a permits or approvals are required to commence the work, the tenant shall obtain all applicable permits and approvals and may deduct the fees from the rent, in the manner specified in sub (5).
(7) Lien Waivers. Any contractor shall forward any lien waivers directly to the tenant who contracted the work. The tenant shall forward all lien waivers from contractors to the landlord along with the receipts deducted from the rent.
(8) Eviction or Retaliation Prohibited. No person or tenant who complies with this section shall be evicted for nonpayment of rent because said person or tenant has elected to act under this section 32.17 and has deducted the cost of work from rental payments. No person or tenant shall be evicted or retaliated against for giving either verbal or written notice to the landlord that they intend to use the self help procedures under this section 32.17. It shall be presumed that any attempt to terminate the tenancy of such tenant or to evict such tenant or to raise such tenant’s rental payments or to refuse to renew the tenant's lease or to otherwise harass or retaliate against such tenant during the period commencing when verbal or written notice is first given by the tenant to the landlord that the tenant intends to use these self help procedures, until six months after certification by the Building Inspection Division of the Department of Planning and Community and Economic Development of the City of Madison that all violations have been corrected, is retaliation. Such attempt is hereby declared null and void and subject to a forfeiture of not less than $150 and not more than $900 for each attempt. It is further provided that in order to overcome such presumption, the landlord must show by a preponderance of the evidence that such acts by the landlord were based on good cause. “Good Cause” used herein means that the
landlord must show a good reason for his or her action, other than one related to or caused by the operation of this ordinance, including but not limited to normal uniform rental increases due to utility increases or other increased costs to the landlord, or for other bona fide, nondiscriminatory business reason.
(9) Effective Date. This ordinance shall take effect one hundred and twenty (120) days after adoption. Sec. 32.17 Am. by ORD-08-000109, 10-7-08
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