NUMB:
990641
VERS:
SUBSTITUTE 1
REF:
971298
XXBY:
ALD. HENNINGSEN
TITL:
A substitute ordinance relating to rent withholding.
SECS:
200-22-1-a rc
200-22-3-a am
ANLS:
- Analysis -
Common Council File 971298, passed March 2, 1999, and effective May 1, 1999, established a lead-based paint hazard control pilot project in 2 areas of the city. That file also amended some provisions of the rent withholding ordinance. This ordinance modifies those earlier amendments as follows:
1. Deletes a provision for proportional rent withholding for tenants who remain in the premises.
2. Restores a provision (deleted in the pilot project ordinance) that rent withholding is not an available remedy if the only uncorrected inspection order relates to exterior paint, with one exception. The exception authorizes rent withholding for uncorrected exterior paint violation orders that are issued under the health department's existing lead poisoning prevention and control regulations or residential rental property lead-based paint hazard control pilot project. Rent withholding cannot be imposed for any other uncorrected exterior paint violation.
3. Creates one exception to the provision in the current ordinance that rent withholding is available for any uncorrected order, regardless of whether an extension has been granted for the order. The exception is that rent withholding is not available if the commissioner of health grants an extension of an order to correct an exterior lead paint hazard because of seasonal considerations.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-22-1-a of the code is repealed and recreated to read:
200-22. Rent Withholding. 1. NONCOMPLIANCE. a. Deposit in Escrow. Notwithstanding any other provision of law or any agreement, whether oral or written, if an owner of real property, except rooming houses licensed under s. 275-20, or owner-occupied two-family dwellings, fails or neglects to comply with an order of the commissioner to correct a violation of this code or an order of the commissioner of health to comply with ss. 66-20 to 66-73, upon the expiration of the order to correct those violations, the tenant of the premises is authorized as of that date to deposit rental payments into an escrow account designated by the commissioner. The only violation exempt from the provisions of this section is that rent withholding is not authorized for failure to comply with an exterior painting order that was not issued pursuant to subchs. 2 or 3 of ch. 66. Rent withholding is available for failure to comply with an exterior painting order that was issued pursuant to lead poisoning prevention and control regulations or the residential rental property lead-based paint hazard control pilot project, subchs. 2 or 3 of ch. 66. Rent withholding is available regardless of whether the commissioner has granted an extension of the order to correct violations, except that rent withholding is not available for failure to comply with an exterior painting order issued pursuant to subchs. 2 or 3 of ch. 66 if the commissioner of health has granted an extension of that order for seasonal considerations. A tenant shall not be prevented from withholding rent if other violations are past due even if exterior paint orders are or are not past due. The tenant may commence rental deposits into the escrow account after the orders are past due, provided that payment is made prior to expiration of a 5-day quit or pay notice or service of a 14-day termination notice given by the lessor under ch. 704, Wis. Stats. The owner shall be notified of rent withholding authorization by the commissioner by first class mail within 5 days. It shall be an affirmative defense to a rent withholding under this section to show that the damage or condition on which the violation is based is caused by negligence or improper use by the tenant.
Part 2. Section 200-22-3-a of the code is amended to read:
3. RELEASE OF FUNDS.
a. To the owner of record as recorded with the register of deeds upon certification by the department that all violations of this code have been completely corrected >>and that all violations of subchs. 2 or 3 of ch. 66 have either been completely corrected or the commissioner of health has granted an extension for such violations for seasonal considerations<< . Certification shall be deemed to mean that the premises, at the time of inspection for certification, are free of any violation of this code >>and of any violation of subchs. 2 or 3 of ch. 66 except for any violation for which the commissioner of health has granted an extension for seasonal considerations<< .
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
99291-4
CW
9/22/99