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 ...
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