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 Section 200-22-1-a of the code is repealed and recreated to read: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, ...
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