Tristan’s Landlord-Tenant Law Blog
City of Milwaukee Looking to Expand Its Residential Rental Inspection Program (a.k.a Landlord Licensing)
The Department of Neighborhood Services (DNS) of the city of Milwaukee is looking to expand its Residential Rental Inspection (RRI) program to additional parts of Milwaukee. Simply put the RRI program is "landlord licensing" at its heart and it may very well be coming to your neighborhood.As background, the RRI program was created in December of 2009 as a so-called "pilot" program. It allowed the city to enter ...
ACT 76 - Wisconsin's New Landlord-Tenant Law - Part 2: Restrictions on Local Ordinances
As I mentioned in Part 1, the soon to be new law contains new provisions as well as some corrective provisions (which will correct unintended consequences from last year's new law Act 143). In this blog post I will talk about one of the new provisions of the law which will restrict a local municipality from creating and/or enforcing certain local ordinances.The new law will creates sec. 66.0104(2)(c) and (d), Wis. ...
D.N.S.' Update on Milwaukee's R.R.I. Program In U.W.-Milwaukee Area
The City of Milwaukee Department of Neighborhood Services (DNS) recently spoke at a meeting on the east side of Milwaukee and provided an update of the Residential Rental Inspection (RRI) program which was instituted around UW-Milwaukee area and in the Lindsey Heights neighborhood. If you would like a refresher of what the RRI program is all about you should read my earlier blog posts on the issue.Much of the information set forth below was ...
City of West Allis Passes Landlord Licensing Ordinance
The City of West Allis recently passed a new ordinance that requires all property owners to register their rental properties with the City.The new law is contained in 3 separate ordinances. The first ordinances was passed back in August 6, 2010, followed by a repeal and revision to the original ordinance on September 24, 2010, followed by an ordinance creating a sub-section of the ordinance on October 7, 2010.You can read all 3 ...
Business Journal Article Addresses Fallout of the City's RRI Ordinance To Date
I was recently interviewed by Business Journal reporter Sean Ryan regarding the fallout of the dismissal of three landlords' lawsuit against the City of Milwaukee regarding the unconstitutionality of its Residential Rental Inspection (RRI) program. My most recent post on the subject can be read here.On October 1, 2010, The Business Journal published its article entitled "Judge Upholds Milwaukee Home Inspection Program. Reporter Sean Ryan spoke with the ...
Landlords Lose Lawsuit
On Wednesday, September 22, 2010, Judge Timothy Witkowiak denied three landlords' motion for summary judgment against the City of Milwaukee and granted the City's cross motion for summary judgment against the landlords, with regard to constitutionality of the city's new RRI ordinance. This ruling effectively ended the lawsuit.The lawsuit dealt with the City's new Residential Rental Inspection (RRI) program/ordinance that went into effect on January 1, 2010. The RRI ordinance requires ...
Hearing on Landlords Lawsuit vs. City To Be Held This Wednesday, September 22nd
The hearing on both the Landlords' and the City's cross motions for Summary Judgment will be held this Wednesday, September 22nd, at 10 am. The hearing will take place before Judge Timothy Witkowiak at the Milwaukee County Courthouse.This hearing could be the final hearing on this lawsuit (barring any appeals) which involves three Landlords suing the City and asking the Court to declare the Residential Rental Inspection (RRI) program unconstitutional ...
CITY'S MOTION TO DISMISS LANDLORDS' LAWSUIT DENIED BY THE COURT - LAWSUIT CONTINUES
On May 21, 2010, Judge Timothy Wotkowiak, denied the City of Milwaukee's motion to dismiss the lawsuit filed by three Milwaukee landlords who sued the city as a result of its newly enacted ordinance requiring mandatory rental inspections of rental housing in two areas of the city.For background information on the ordinance that went into effect on January 1, 2010, please read my November 24, 2009 post. For background information on the ...
Update On Landlords' Lawsuit Against City of Milwaukee and Its Rental Inspection Ordinance
There has not been a lot of media reporting on the lawsuit brought by three landlords against the City of Milwaukee and its rental inspection ordinance so I thought I would take the time to update you on its status.If you are unfamiliar with the basics of the lawsuit you should refer to my earlier post on the topic.The City of Milwaukee has filed a Motion To Dismiss the Landlords' lawsuit. Essentially ...
DNS Has Started To Implement The New Residential Rental Certificate Program
As many of you know the City of Milwaukee's new Residential Rental Certificate Program ordinance went into effect January 1, 2010. It is my understanding that the letter notices, along with a date for the inspection of your rental unit/s, the application, were all mailed out to affected landlords during the week of Dec. 28th -- so those of you in the two designated areas should have received your mailing by now - Merry Christmas.In anticipation ...
Landlords Sue City of Milwaukee To Stop Residential Rental Certificate Ordinance
On December 29, 2009, three landlords filed a lawsuit against the city of Milwaukee in an attempt to stop the new Residential Rental Certificate Ordinance that was recently passed. The lawsuit includes a complaint, motion for temporary injunction, ex parte motion for temporary restraining order (TRO) and supporting affidavits. Essentially, the plaintiffs are arguing that the ordinance as written is (1) unconstitutionally vague, (2) contains fatal defects, ...
Mayor Signs Milwaukee's Residential Rental Certificate Program Ordinance
About 1 hour before the close of business yesterday, December 10, 2009, Mayor Tom Barrett signed the city of Milwaukee's Residential Rental Certificate Program ordinance into law. Mayor Barrett left everyone waiting and wondering if he would sign it as the deadline to do so was the close of business yesterday.The ordinance can be read in its entirety here.The Preinspection Checklist can be found here. The checklist gives a ...
AASEW Continues To Fight Against The City of Milwaukee's Residential Rental Certificate Program
The Apartment Association of Southeastern Wisconsin, Inc. (AASEW) continues its attempt to defeat the recently passed ordinance creating a Residential Rental Certificate Program in two areas of the city. On December 7, 2009, the AASEW issued a Press Release urging the mayor to veto the legislation in order to avoid expensive litigation. Additonally, President of the AASEW Tristan Pettit wrote a letter to Mayor Tom Barrett pointing out ...
MILWAUKEE'S RESIDENTIAL RENTAL CERTIFICATE ORDINANCE PASSES
Earlier today by a vote of 9-5 the city of Milwaukee's Residential Rental Certificate Program ordinance was passed by the Common Council. Voting in favor of the new ordinance were Aldermen Ashanti Hamilton (1st district), Nic Kovac (3rd district), Robert Bauman (4th district), Milele Coggs (6th district), Willie Wade (7th district), Robert Puente (9th district), Michael Murphy (10th district), Terry Witkowski (13 district), and Willie Hines, Jr. (15th district). Voting against ...
CITY OF MILWAUKEE'S REVISED RENTAL CERTIFICATE PROGRAM ORDINANCE RELEASED
As I mentioned in a prior post, the City of Milwaukee's Common Council agreed to hold off on voting on the city's proposed mandatory rental inspection ordinance (Residential Rental Certificate Program) for 1 month. The reason for the postponement was to allow the drafters of the proposed ordinance time to go back and make some revisions and clarifications.The Apartment Association of Southeastern Wisconsin, Inc. (AASEW) retained the services of ...
MILWAUKEE'S RESIDENTIAL RENTAL CERTIFICATE PROGRAM VOTE PUSHED BACK 1 CYCLE
The Common Council did not vote on the passing of the city's proposed Residential Rental Certificate Program earlier today as was planned. Instead the Comon Council voted 9-5 to hold the proposed ordinance for 1 cycle (1 month) for further review. The proposed ordinance, which would require all rental property owners in the UWM-area and Lindsay Heights neighborhood on the north side of Milwaukee to pay an $85 fee per unit fee ...
Milwaukee's Residential Rental Certificate Program Is On It's Way To The Common Council
On Tuesday, October 27, 2009, Milwaukee's ZND (Zoning, Neighborhood and Development) committee voted 3-2 to send the proposed ordinance to the Common Council for a final vote. The proposed ordinance, referred to as the Residential Rental Certificate Program, would require all rental property owners in 2 targeted areas of the city to apply for a certificate in order to continue renting out their property. The cost would be $85 per ...
Hearing On Milwaukee's Residential Rental Certificate Program to be Held on October 27th at 10 am
A hearing on Milwaukee's proposed Residential Rental Certificate Program will be held before the Zoning and Development Committee on October 27, 2009 at 10 AM in room 301 of Milwaukee's CIty Hall.It is at this hearing that people may speak in favor or against the proposed ordinance. The ZND committee will then decide whether or not the proposed ordinance should be referred to the common council for a vote by the ...
City of Milwaukee's "Residential Rental Certificate Program" Is Unveiled
Well I have finally been able to get my hands on a preliminary copy of the city of Milwaukee's proposed mandatory rental inspection ordinance. The ordinance is sponsored by Alderman Kovac, Wade, Davis and Hines. The ordinance refers to the proposed program as a "Residential Rental Certificate" program. The program is really just a variation on "landlord licensing" and mandatorty rental inspection programs. I would encourage you to read the
UPDATE ON MILWAUKEE'S PROPOSED MANDATORY RENTAL UNIT INSPECTION PROGRAM
A friend of mine was at a meeting this morning with the City of Milwaukee's Budget Director and learned some more information on the City's proposed mandatory rental unit inspection program.First, the proposed ordinance is in the final stages of drafting and will be released in the near future.Second, it will be a 5 year pilot program in the UWM area only.Third, there will be a fee of $40 per ...