Number
050326
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. BAUMAN and DONOVAN
Title
A substitute ordinance relating to a prohibition of landlord retaliation due to tenant reporting of nuisance violations.
Sections
80-10-6 cr
80-10-7 cr
Analysis
This ordinance prohibits a landlord from terminating the lease agreement or otherwise retaliating against a tenant for complaining of chronic nuisance violations to the chief of police. A landlord may still evict a tenant for failure to pay rent, committing nuisance activity as defined in section 80-10-2-a-1 to 25 (chronic nuisance premises), for commission of waste upon the premises, or violating the terms of the lease agreement.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 80-10-6 and 7 of the code is created to read:
80-10. Chronic Nuisance Premises.
6. EVICTION OR RETALIATION PROHIBITED. It shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant or otherwise retaliate against any tenant because that tenant complained to the chief of police about nuisance activities on the landlord's premises. It shall be presumed that any attempt to increase charges, reduce services, or to other-wise harass or retaliate against the tenant during the 12-month period following receipt of the complaint by the chief of police constitutes unlawful retaliation under this subsection. Such presumption shall be rebutted by the preponderance of evidence that the actions taken by the landlord were based upon good cause. "Good cause" as used in this subsection means that a landlord must show good cause for his or her actions, other than one related to or caused by the operation of this section. Notwithstanding the foregoing, a tenant's lease agreement or periodic tenancy may be terminated for a failure to pay rent; committing nuisance activity as defined in sub. 2-a-1 to 25; for the commission of waste upon the premises; violating the terms and conditions of the lease agreement or periodic tenancy or as otherwise provided in ch. 709, Wis. Stats., and ch. Ag. 134, Wis. Adm. Code. A landlord's failure to renew a lease agreement or periodic tenancy upon expiration of such lease agreement or periodic tenancy shall not be deemed a violation of this subsection.
7. PENALTIES. Any person violating sub. 6 shall be subject to a forfeiture of not less than $100 nor more than $2000 for each violation and in default of payment thereof, be imprisoned in the county jail or house of correction for a period of not less than 4 days nor more than 80 days.
LRB
APPROVED AS TO FORM
________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
_____________________________
Office of the City Attorney
Date:________________________
Requestor
Drafter
LRB05109-3
AEH
7/25/2005