City of Milwaukee - File #: 181759

• File #: 181759
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 2/26/2019
• In control: PUBLIC SAFETY AND HEALTH COMMITTEE
• Final action: 7/9/2019
• Effective date: 7/26/2019
• Title: A substitute ordinance relating to tenants, landlords and lead-poisoning nuisances in rented domiciles.
• Sponsors: COMMON COUNCIL
• Indexes: LEAD POISONING, NUISANCES, RENTAL HOUSING

Date	Ver.	Action By	Action	Result	Tally
7/25/2019	2	CITY CLERK	PUBLISHED
7/19/2019	2	MAYOR	SIGNED
7/9/2019	2	COMMON COUNCIL	SUBSTITUTED; Minutes note: N.B.: Under s. 4-21-6-a of the Milwaukee City Charter, Ald. Jose G. Perez has posted notice that he intends to take the following file from committee for the purpose of moving its passage. 181759 -- A substitute ordinance relating to tenants, landlords and lead-poisoning nuisances in rented domiciles. Ald. Perez moved to take this file from committee. The City Clerk indicated that the motion to take from committee met code requirements to do so. The entire Council moved to be added as the co-sponsor.	Pass	14:0
7/9/2019	2	COMMON COUNCIL	PASSED	Pass	14:0
6/6/2019	0	PUBLIC SAFETY AND HEALTH COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Appearing: Ald. Perez - Sponsor Atty. Heiner Giese - Apt Association MHD Commissioner - Jeanette Kowalik	Pass	5:0
6/4/2019	1	CITY CLERK	DRAFT SUBMITTED
2/26/2019	0	COMMON COUNCIL	ASSIGNED TO

Number

181759

Version

SUBSTITUTE 2

Reference

Sponsor

Ald. PEREZ, LEWIS, COGGS, DODD, STAMPER, RAINEY, HAMILTON, JOHNSON, BAUMAN, MURPHY, KOVAC, ZIELINSKI, BORKOWSKI AND DONOVAN

Title

A substitute ordinance relating to tenants, landlords and lead-poisoning nuisances in rented domiciles.

Sections

66-22-3                     rn

66-22-3                     cr

66-22-4                     rn

66-22-5                     rn

66-22-6                     rn

66-22-7                     rn

66-22-8                     rn

66-22-9                     rn

66-22-10                     rn

66-22-11                     rn

66-22-12                     rn

66-22-13                     rn

66-22-14                     rn

Analysis

This ordinance provides that no landlord can constructively evict a tenant for seeking city services to address lead-poisoning nuisances in rented domiciles, or cooperating with the city to investigate or abate lead-poisoning nuisances.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part. 1: Section 66-22-3 to 14 of the code is renumbered 66-22-4 to 15.

Part. 2: Section 66-22-3 of the code is created to read:

66-22. Lead Poisoning Prevention and Control Regulations.

3. EVICTION OR RETALIATION PROHIBITED. a. No landlord shall terminate a tenancy or give notice preventing the automatic renewal of a lease, or constructively evict a tenant who is in compliance with the terms and conditions of a lease of tenancy by any means including the termination or substantial reduction of heat, water or electricity to the dwelling unit, in retaliation against a tenant because the tenant has, within the prior 12 months:

a-1. Sought advice or services to guard household members from exposure to suspected or known lead-based nuisances in a rented domicile.

a-2. Cooperated with city representatives investigating possible lead-based nuisances or abating lead-based nuisances in a rented domicile.

a-3. Arranged the abatement of known lead-based nuisances in a rented domicile.

b. Any person who violates this subchapter shall be liable upon conviction to a Class J penalty under s. 61-16. Each and every act of violation shall constitute a separate offense.

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

LRB #173705 - 3

Aaron Cadle

July 9, 2019