Wisconsin § 66.0104 - Prohibiting ordinances that place certain limits or requirements on a landlord.

§ 66.0104. Prohibiting ordinances that place certain limits or requirements on a landlord.

66.0104(1) (1) In this section: 66.0104(1)(ah) (ah) “Habitability violation” means any of the following conditions if the condition constitutes an ordinance violation: 66.0104(1)(ah)1. 1. The rental property or rental unit lacks hot or cold running water. 66.0104(1)(ah)2. 2. Heating facilities serving the rental property or rental unit are not in safe operating condition or are not capable of maintaining a temperature, in all living areas of the property or unit, of at least 67 degrees Fahrenheit during all seasons of the year in which the property or unit may be occupied. Temperatures in living areas shall be measured at the approximate center of the room, midway between floor and ceiling. 66.0104(1)(ah)3. 3. The rental property or rental unit is not served by electricity, or the electrical wiring, outlets, fixtures, or other components of the electrical system are not in safe operating condition. 66.0104(1)(ah)4. 4. Any structural or other conditions in the rental property or rental unit that constitute a substantial hazard to the health or safety of the tenant, or create an unreasonable risk of personal injury as a result of any reasonably foreseeable use of the property or unit other than negligent use or abuse of the property or unit by the tenant. 66.0104(1)(ah)5. 5. The rental property or rental unit is not served by plumbing facilities in good operating condition. 66.0104(1)(ah)6. 6. The rental property or rental unit is not served by sewage disposal facilities in good operating condition. 66.0104(1)(ah)7. 7. The rental property or rental unit lacks working smoke detectors or carbon monoxide detectors. 66.0104(1)(ah)8. 8. The rental property or rental unit is infested with rodents or insects. 66.0104(1)(ah)9. 9. The rental property or rental unit contains excessive mold. 66.0104(1)(ax) (ax) “Premises” has the meaning given in s. 704.01 (3) . 66.0104(1)(b) (b) “Rental agreement” has the meaning given in s. 704.01 (3m) . 66.0104(1)(c) (c) “Tenancy” has the meaning given in s. 704.01 (4) . 66.0104(2) (2) 66.0104(2)(a) (a) No city, village, town, or county may enact an ordinance that places any of the following limitations on a residential landlord: 66.0104(2)(a)1. 1. Prohibits a landlord from, or places limitations on a landlord with respect to, obtaining and using or attempting to obtain and use any of the following information with respect to a tenant or prospective tenant: 66.0104(2)(a)1.a. a. Monthly household income. 66.0104(2)(a)1.b. b. Occupation. 66.0104(2)(a)1.c. c. Rental history. 66.0104(2)(a)1.d. d. Credit information. 66.0104(2)(a)1.e. e. Court records, including arrest and conviction records, to which there is public access. 66.0104(2)(a)1.f. f. Social security number or other proof of identity. 66.0104(2)(a)2. 2. Limits how far back in time a prospective tenant’s credit information, conviction record, or previous housing may be taken into account by a landlord. 66.0104(2)(a)3. 3. Prohibits a landlord from, or places limitations on a landlord with respect to, entering into a rental agreement for a premises with a prospective tenant during the tenancy of the current tenant of the premises. 66.0104(2)(a)4. 4. Prohibits a landlord from, or places limitations on a landlord with respect to, showing a premises to a prospective tenant during the tenancy of the current tenant of the premises. 66.0104(2)(b) (b) No city, village, town, or county may enact an ordinance that places requirements on a residential landlord with respect to security deposits or earnest money or pretenancy or posttenancy inspections that are additional to the requirements under administrative rules related to residential rental practices. 66.0104(2)(c) (c) No city, village, town, or county may enact an ordinance that limits a residential tenant’s responsibility, or a residential landlord’s right to recover, for any damage or waste to, or neglect of, the premises that occurs during the tenant’s occupancy of the premises, or for any other costs, expenses, fees, payments, or damages for which the tenant is responsible under the rental agreement or applicable law. 66.0104(2)(d) (d) 66.0104(2)(d)1. 1. 66.0104(2)(d)1.a. a. No city, village, town, or county may enact an ordinance that requires a landlord to communicate to tenants any information that is not required to be communicated to tenants under federal or state law. 66.0104(2)(d)1.b. b. Subdivision 1. a. does not apply to an ordinance that has a reasonable and clearly defined objective of regulating the manufacture of illegal narcotics. 66.0104(2)(d)2. 2. No city, village, town, or county may enact an ordinance that requires a landlord to communicate to the city, village, town, or county any information concerning the landlord or a tenant, unless any of the following applies: 66.0104(2)(d)2.a. a. The information is required under federal or state law. 66.0104(2)(d)2.b. b. The information is required of all residential real property owners. 66.0104(2)(e) (e) No city, village, town, or county may enact an ordinance that does any of the following: 66.0104(2)(e)1. 1. Requires that a rental property or rental unit be inspected except upon a complaint by any person, as part of a program of inspections under subd. 1m. , under s.