Number
010115
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to payments into rent-withholding escrow accounts.
Sections
200-22-1-a am
200-22-3-a. rc
Analysis
Currently, pursuant to the city's rent withholding provisions, a tenant may commence rent deposits into an escrow account prior to expiration of a 5-day pay or quit notice, or prior to service of a 14-day termination notice. This ordinance would assign responsibility to the owner to notify the commissioner of neighborhood services regarding the service of any notice ending the tenancy or the 5-day pay or quit notice.
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 [[two]] >>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 66-73, 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.]] >>subch.<< 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.]] >>subch.<< 2 or 3 of ch. 66. Rent withholding is available...
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