City of Milwaukee - File #: 071002

• File #: 071002
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 11/9/2007
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 12/11/2007
• Effective date: 12/29/2007
• Title: A substitute ordinance relating to rent withholding and the fee to maintain the account.
• Sponsors: ALD. BAUMAN, ALD. WADE, ALD. HAMILTON
• Indexes: BUILDING CODE, DEPARTMENT OF NEIGHBORHOOD SERVICES, FEES

Date	Ver.	Action By	Action	Result	Tally
12/28/2007	1	CITY CLERK	PUBLISHED
12/20/2007	1	MAYOR	SIGNED
12/11/2007	1	COMMON COUNCIL	PASSED	Pass	14:0
12/4/2007	1	CITY CLERK	DRAFT SUBMITTED
12/4/2007	0	CITY CLERK	Sponsor added; Minutes note: Ald. Wade and Ald. Hamilton added as sponsors at the ZND meeting of 12/4/07
12/4/2007	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	SUBSTITUTED; Minutes note: Individuals present: Tom Mishefske and Jennifer Clouda - Dept. of Neighborhood ServicesAtt. Michael Maistelman representing the Apartment Association of Southeastern Wisconsin Proposed Substitute A accepted.	Pass	5:0
12/4/2007	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
11/27/2007	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/27/2007	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/9/2007	0	COMMON COUNCIL	ASSIGNED TO

Number
071002
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to rent withholding and the fee to maintain the account.
Sections
200-22-1-a am
200-22-1-b rn
200-22-1-b cr
200-22-1-c rn
200-22-3-c-1 am
200-22-3-f am
200-22-3-g am
200-22-3-h-2 am
200-22-3-h-3 rn
200-22-3-h-3 cr
200-22-3-h-4 rn
200-22-3-i am
Analysis
This ordinance revises the city’s rent withholding provisions to allow the department of neighborhood services to correct additional code violations from what is presently allowed under the code, increase monthly service fees on accounts where no transaction has occurred for more than 6 months and allow the department to collect other fees in addition to reinspection fees. The ordinance also provides the department the ability to distribute one month’s rent to a renter for the cost of relocation.
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 amended 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 2-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 66-22, upon the expiration of the order to correct those violations >>and written notification by the department<<, 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 [[subch. 2 of ch. 66]] >>ch. 275<<. >>Rent withholding is available regardless of whe...