GUEST POST: City of Milwaukee “Stay at Home” Order - UPDATED 4.28.20
This is a guest post from Atty. Jennifer Hayden of Petrie + Pettit S.C.
As many of you know, the City of Milwaukee Commissioner of Health issued a “Stay at Home” Order effective at 12:01 a.m. on March 25, 2020. There is no specified end date or time.
Except for the specific exceptions listed, all individuals currently living within the City of Milwaukee are ordered to stay at home or at their place of residence. All businesses with a facility in the City, except Essential Businesses and Operations, are required to cease all activities at facilities located within the City except Minimum Basic Operations or employees working from home.
Numerous businesses are impacted, but a few provisions seem particularly relevant to landlords, property owners and management companies.
The first of these provisions is at the end of Section 4, Prohibited Activities and states as follows: “A landlord or rental property manager shall not enter a leased residential rental premises unless a maintenance emergency exists.” I interpret this to mean that there could be an issue with entering a tenant’s apartment for things such as inspections, routine maintenance, and, in most circumstances, showing an occupied apartment to a prospective tenant.
UPDATE 4/28/20: The above has been extended until May 26, 2020 at 8 am per Governor's Order #28
Outside of this specific prohibition, leaving home to perform work providing essential products and services at Essential Businesses or Operations or to otherwise carry out activities specifically permitted, including Minimum Basic Operations is permitted. An Essential Business or Operation includes Professional Services such as real estate services.
UPDATE 4/28/20: The above has been extended until May 26, 2020 at 8 am per Governor's Order #28
Additionally, businesses are allowed to continue to perform Minimum Basic Operations including (a) The minimum necessary activities to maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, or for related functions and (b) The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences. Employees must comply with Social Distancing Requirements, to the extent possible, while carrying out these operations.
Social Distancing Requirements include: maintaining social distancing of six (6) feet between people; washing hands with soap and water for at least 20 seconds as frequently as possible or using hand sanitizer; covering coughs or sneezes (into the sleeve or elbow, not hands); regularly cleaning high-touch surfaces; not shaking hands; and following all other public health recommendations issued by DHS and the U.S. Centers for Disease Control.
At this point, we don’t have much guidance on any specifics related to this Order or its enforcement, but we will be updating this post as this situation continues to unfold.
