NOW TO STATE CAPITOL NEWS AND A LAW THAT AFFECTS LANDLORDS AND
TENANTS.
AMONG THE MANY BILLS SIGNED BY GOVERNOR WALKER WAS A REWRITE OF
THE LANDLORD/TENANT LAWS.
IT MADE A VARIETY OF CHANGES.
IT RESTRICTS THE POWER OF LOCAL GOVERNMENT TO INSPECT RENTAL
PROPERTY, AND IT REQUIRES THAT A PERSON'S EVICTION RECORD REMAIN
ON A PUBLICLY ACCESSIBLE WEBSITE FOR AT LEAST TEN YEARS.
WE HEAR TWO PERSPECTIVES ON THE NEW LAW.
FIRST, RON HEGWOOD IS THE PRESIDENT OF THE APARTMENT
ASSOCIATION OF SOUTHEAST WISCONSIN WHICH HELPED WRITE THE
NEW LAW.
THANKS FOR JOINING US.
- YOU'RE WELCOME.
- THIS IS AT LEAST THE THIRD MAJOR REWRITE
OF LANDLORD-TENANT LAWS.
WHY HAS THERE BEEN SUCH A PUSH FOR THESE CHANGES AND
WHY WAS THIS LATEST LAW NEEDED?
- WELL, THE LANDLORDS THAT ARE
-- OR EXCUSE ME, THE LAWS THAT HAVE BEEN CHANGED OVER THE LAST
COUPLE YEARS, AS YOU STATED, ARE REWRITES.
THEY'RE A FURTHER ARTICULATION OF WHAT WAS ALREADY ON THE BOOKS
AND A CLARIFICATION SO THAT EVERYBODY KNEW WHAT THE LAWS
WERE AND WOULD INTERPRET THEM THE SAME, WHICH IN ESSENCE
LEVELS THE PLAYING FIELD FOR EVERYBODY.
- BUT IF YOU LOOK AT THE LAWS AS A WHOLE, THEY GENERALLY TILT
MORE TOWARD LANDLORDS IN EACH INSTANCE.
WHY WAS THAT NEEDED?
WHY DID YOU NEED THAT SHIFT IN WISCONSIN?
- I DON'T NECESSARILY AGREE WITH YOU ON THAT.
I MEAN, THE JUDGES -- AND RIGHTFULLY SO, WILL TEND TO, AT
LEAST FROM A LANDLORD'S PERSPECTIVE SIDE ON THE TENANT'S
SIDE.
SO IT GIVES THE JUDGES A BETTER CLARIFICATION ON THE INTENT OF
THE LAW.
I MEAN, THERE'S NOTHING THAT'S CHANGED.
AGAIN, IT JUST CLARIFIES THE LAWS.
- SO ONE OF THE PROVISIONS OF THIS NEW LAW SPEAKS TO WHEN A
CITY OR ANOTHER LOCAL GOVERNMENT CAN INSPECT A PROPERTY, WHEN IT
CAN CONDUCT REGULAR INSPECTIONS.
IT ALLOWS FOR THOSE IN SOME CASES, BUT YOU HAVE TO HAVE
BLIGHT OR REDUCTION IN PROPERTY VALUES, THINGS LIKE THAT.
WHY WAIT UNTIL THOSE CONDITIONS ARE PRESENT TO ALLOW FOR THESE
INSPECTIONS?
- WELL, I'M NOT AWARE THAT ANY VERBIAGE OF THAT BLIGHT OR
ANYTHING LIKE THAT.
IT SAYS IT HAS TO BE A HAZARD.
IN OTHER WORDS, A MINOR PINHOLE IN THE WALL OR SOMETHING LIKE
THAT DOESN'T -- SOME LOCAL MUNICIPALITIES WERE TRYING TO
PUT THINGS IN THE BOOKS WHERE TENANTS COULD WITHHOLD THEIR
RENT WITHOUT VALIDATING IT AND THIS IS AN EFFORT TO PROTECT
THAT.
BY ALL MEANS, EVERYBODY NEEDS GOOD HOUSING.
THERE'S NO ARGUMENT ON THAT.
BUT FOR A TENANT TO NOT BE ABLE TO PAY THEIR RENT FOR SOME
UNVALIDATED REASON, IT WAS AN ATTEMPT TO STOP THAT.
- SO WHEN IT COMES TO AN EVICTION, A TENANT WHO'S APPLIED
FOR WHAT'S KNOWN AS EMERGENCY ASSISTANCE CAN GET A COURT TO
STAY OR TEMPORARILY BLOCK AN EVICTION NOTICE, BUT UNDER THIS
NEW LAW THAT COURT STAY CAN ONLY LAST FOR TEN DAYS.
IF SOMEONE'S IN A DIRE ENOUGH SITUATION THAT A COURT WOULD
STEP IN AND HALT AN EVICTION, WHY LIMIT THAT?
- WELL, FIRST OFF, YOU HAVE TO TAKE INTO CONSIDERATION THAT BY
THE TIME YOU'RE IN COURT, IT'S ALREADY BEEN I DON'T WANT TO SAY
A MINIMUM, BUT AROUND 30 DAYS AND IT COULD BE 60 OR 90 DAYS
SINCE THE TENANT'S PAID ANY RENT.
IF THEY'RE NOW GOING TO GET EMERGENCY ASSISTANCE, IT'S JUST
GIVING THEM ANOTHER TEN WORKING DAYS.
SO IT'S ACTUALLY 1 MORE -- 14E
DAYS.
THE FEELING IS, AGAIN, IT PUTS CLARIFICATION ON THE LAW THAT
WAS ALREADY ON THE BOOK, WHAT THAT REASONABLE TIME FRAME WAS.
- WHEN THIS BILL WENT THROUGH THE LEGISLATURE, THE GROUP END
DOMESTIC ABUSE WISCONSIN TESTIFIED THAT THIS PROVISION
COULD PUT DOMESTIC ABUSE VICTIMS IN HARM'S WAY BECAUSE THEY WON'T
BE ABLE TO COME UP WITH THE MONEY THEY NEED IN JUST TEN DAYS
AFTER THEY'VE SEVERED TIES WITH AN ABUSER.
HOW DO YOU RESPOND TO THAT CONCERN?
- WELL, I'M NOT SURE WHY WE ASSUME THAT THERE'S DOMESTIC
ABUSE AND AUTOMATIC ECONOMIC PROBLEM WITH THAT.
I MEAN, THAT'S MORE OF AN EMOTIONAL ISSUE THAN
AN ECONOMIC ISSUE.
IF YOU HAVE A DOMESTIC ABUSE, AGAIN, I GO -- THAT'S AN
EMOTIONAL SITUATION, NOT AN ECONOMIC SITUATION.
SO I WOULDN'T EQUATE THOSE TWO THINGS TOGETHER.
- AND THIS LAW ALSO KEEPS THE TENANT'S EVICTION RECORD PUBLIC
ON CCAP FOR AT LEAST TEN YEARS.
WHY WAS THAT PROVISION ADDED?
- EL WITH, I WELL, YOU'RE OG
PART OF THE LAW.
I'M NOT AN ATTORNEY, SO I DON'T KNOW THE LAW BY HEART.
IF THE TENANT HAS SATISFIED THE ORIGINAL EVICTION, BECAUSE THAT
IS A PROCESS, AND THEN IT CAN BE ERASED AFTER TWO YEARS.
IT'S ONLY IF THEY HAVEN'T SATISFIED IT THAT IT STAYS ON.
- ALL RIGHT. RON HEGWOOD.
- MUCH LIKE MY SPEEDING TICKET STAYS ON FOR A PERIOD OF TIME
FOR MY INSURANCE COMPANY.
THEY WANT TO KNOW WHAT KIND OF DRIVER I AM.
- WE'RE GOING TO HAVE TO LEAVE IT THERE.
RON HEGWOOD, THANK YOU FOR JOINING US.
- ALL RIGHT. THANK YOU.
- IN ADDITION TO PROPERTY OWNERS, RENTERS ACROSS THE STATE
MAY NEED TO GET UP TO SPEED ON THE CHANGES IN THE NEW LAW.
WE'RE JOINED NOW BY SOMEONE WHO HELPS TENANTS FULL-TIME AT THE
TENANT RESOURCE CENTER IN MADISON.
AARON ROMENS, THANKS FOR JOINING US.
- THANK YOU FOR HAVING ME.
- SO BACKERS SAY IT'S ABOUT SETTING CLEAR TIME LINES, A
LEVEL PLAYING FIELD.
HOW DO YOU VIEW IT?
- WELL, I NEVER UNDERSTAND THE IDEA ABOUT A LEVEL PLAYING FIELD
BECAUSE IT'S NOT A LEVEL PLAYING FIELD.
LANDLORDS, IT'S THEIR JOB TO UNDERSTAND ALL OF THESE
DIFFERENT LAW CHANGES, THE SIXTH SET NOW SINCE 2011.
TENANTS, THEY ALREADY HAVE OTHER JOBS.
THAT'S HOW THEY'RE GETTING THE MONEY TO PAY THEIR RENT.
SO IF WE'RE TALKING ABOUT LEVELING A PLAYING FIELD, I
BELIEVE THAT ALL THESE CHANGES JUST CONTINUE TO CREATE
CONFUSION TO THE POINT WHERE TENANTS NOW ALMOST NEED TO TAKE
OUT A SECOND-TIME JOB JUST TO CATCH UP WITH ALL THESE CHANGES.
- SO THERE'S A LOT TO DIGEST IN THIS NEW LAW, BUT WHAT IS MOST
TROUBLING TO YOU OR WHAT DO YOU THINK TENANTS NEED TO KNOW
ABOUT?
- WELL, FIRST OF ALL, WHAT'S TROUBLING FOR ME IS THE IDEA
THAT MUNICIPALITIES ARE NOW EXTREMELY LIMITED IN THEIR
ABILITY TO HAVE ROUTINE BUILDING INSPECTIONS.
THESE INSPECTIONS ARE REALLY IMPORTANT TO PROTECT THE SAFETY
OF THE TENANTS.
THEY ARE THE THINGS THAT MAKE SURE THAT TENANTS ARE SAFE FROM
FIRE OR OTHER VERY HAZARDOUS AND DANGEROUS SITUATIONS THAT COULD
PUT THEM IN THE HOSPITAL.
IT'S GOING TO BE VERY DIFFICULT UNDER THESE NEW REGULATIONS FOR
MUNICIPALITIES TO HAVE ROUTINE BUILDING INSPECTIONS UNDER ACT
317.
- SO THERE ARE PROVISIONS IN THIS LAW THAT SAY CITIES AND
LOCAL GOVERNMENTS WOULD STILL BE ABLE TO CONDUCT REGULAR
INSPECTIONS IN AREAS WHERE THERE'S EVIDENCE OF BLIGHT, HIGH
RATES OF BUILDING CODE VIOLATIONS, OTHER CONDITIONS.
WON'T THAT LET CITIES ZERO IN ON THE MOST PROBLEMATIC RENTALS?
- WELL, IT'S TELLING THEM HOW TO ZERO I DON'T.
I DON'T KNOW IF THAT'S NECESSARILY THE RIGHT WAY TO GO
ABOUT THIS.
CITIES ARE VERY DIFFERENT FROM ONE TO ANOTHER AND PROBABLY
SHOULD BE ABLE TO DO THIS IN THE WAY THAT THEY SEE FIT.
IT IS A LOT OF MICROMANAGEMENT, I FEEL, FROM THE STATE TO BE
TELLING CITIES EXACTLY THESE VERY PRECISE WAYS OF CONDUCTING
THEIR BUILDING INSPECTIONS.
- SO WHAT IF SOMEONE WANTS TO CHALLENGE A LANDLORD NOW IN
SMALL CLAIMS COURT?
WHAT COULD THEY DO BEFORE AND HOW HAS THAT CHANGED NOW?
- SO IN SMALL CLAIMS COURT WHEN LANDLORDS AND TENANTS HAVE A
DISPUTE, ESPECIALLY IN CASE OF AN EVICTION, IT GOES TO WHAT
WOULD BE CONSIDERED A JOINDER CONFERENCE OR A RETURN DATE.
AND AT THIS CONFERENCE, TENANTS WOULD BE ABLE TO GET A TRIAL BY
JUST CLAIMING THAT THERE'S A CONTEST.
THE IDEA THAT THEY DISAGREE WITH SOMETHING THAT THE LANDLORD IS
SAYING.
NOW THEY HAVE TO BE ABLE TO RAISE VALID LEGAL GROUNDS.
AND WE'RE NOT SURE EXACTLY WHAT THOSE VALID LEGAL GROUNDS
MAY BE.
WE HAVE SOME IDEAS.
BUT WHAT IT PROBABLY MEANS IS THAT TENANTS ARE GOING TO HAVE
TO KNOW SOME MAGIC LEGAL WORDS, SOME SORT OF LAW LANGUAGE THAT
GETS THEM THERE.
AND TENANTS ARE REPRESENTED AT ABOUT A RATE OF 1% IN WISCONSIN
BY ATTORNEYS.
MOST OF THEM ARE THERE BY THEMSELVES.
AND TO ASK THEM TO DETERMINE WHAT ARE VALID LEGAL GROUNDS AND
TO BRING THEM UP AT A HEARING LIKE THIS I THINK IS NOT
APPROPRIATE.
- SO IN PRACTICE, WON'T MOST RENTERS BE OKAY EVEN UNDER THIS
LAW AS LONG AS THEY PAY THE RENT ON TIME?
- WELL, THAT'S ALWAYS AN INTERESTING QUESTION BECAUSE
EVERYTHING IS ALWAYS FINE UNTIL A PROBLEM COMES UP, RIGHT?
THAT'S WHAT WE FIND AT THE TENANTS RESOURCE CENTER.
NOBODY CALLS US AND SAYS EVERYTHING IS GOING GREAT WITH
MY LANDLORD, YOU KNOW?
AND SO, YEAH, IF THINGS ARE GOING WELL,
THINGS ARE GOING WELL.
BUT THE PROBLEMS IS TENANTS HAVE A LOT OF RIGHTS AND THESE LAWS
NOT ONLY TAKE AWAY SOME OF THOSE RIGHTS, BUT ALSO CREATE A LOT OF
CONFUSION ABOUT THEM AND THEY MAY NOT BE WILLING TO ASSERT
SOME OF THE RIGHTS THAT THEY ALREADY STILL HAVE.
- ALL RIGHT. AARON ROMENS,
PROGRAM DIRECTOR AT THE TENANT RESOURCE CENTER,
THANKS FOR JOINING US.
- ALL RIGHT.
THANK YOU FOR HAVING ME.