The Nuts and Bolts of Emergency Assistance Stays

I recently had a client call me and advise that they received an Emergency Assistance letter and other documents from UMOS (one of the agencies that administer E.A. funds) for a client that they were in the process of evicting. Unfortunately, I had to advise the client that merely by the tenant having applied for Emergency Assistance, the eviction action would have to be "stayed" (i.e. delayed) per Wisconsin Law.

Below is the key information that Landlords need to know about E.A. stays:

Sec. 799.40(4) of the Wisconsin Statutes states that a court must stay an eviction action brought against a tenant that has applied for emergency assistance. The stay remains in effect until it is determined if the tenant is eligible for the assistance, and if they are, until that assistance is received. For any landlord that has been in this situation, you are aware that the stay can work a substantial hardship on the landlord who is now required to allow a tenant to remain in his/her property for free.

Even if the tenant is eventually awarded the emergency assistance money it typically does not cover the full amount of the past due rent owed and as such the landlord always has the option to decline the money. The tenant will then uses the assistance money for the security deposit on their next apartment.

However, even if the landlord declines the E.A. money the "stay" still applies while the tenant looks for a new apartment. If on the other hand the landlord elects to accept the E.A. money, the landlord must agree with the issuing agency that they will dismiss the pending eviction.

Here is a copy of a basic Emergency Assistance letter and documentation from UMOS.

Unfortunately an emergency assistance stay can delay an eviction for months. Such a situation is frustrating at best and an improper "taking" of a landlord's property at worse. In the case of McQuestion v. Crawford, 2009 WI App 35, from District I (Milwaukee) of the Wisconsin Court of Appeals, it was held that "implicit in the statute's mandate that a stay is required until the tenant receives the emergency assistance is a requirement that the tenant seek and find suitable permanent housing within a reasonable period of time."

What is a "reasonable" amount of time will still need to be determined on a case by case basis by a judge. Nonetheless, at least there will now be some required inquiry into the efforts made by the tenant to locate new housing and consideration made for the amount of time that this takes. Wisconsin landlords now have case law to support our arguments that the length of the stay is no longer reasonable.

If you would like to learn more about Emergency Assistance in general such as who may apply and other conditions that must be met before you can receive E.A. monies you should refer to Sec. 49.138, Wis. Stats.

Happy Landlording