Rental Property Association of WI, Inc. Blog

Changes to WI Statute 704.16 “Termination of tenancy for imminent threat of serious physical harm; changing locks”.

Fri, 13 Mar 2026 22:19:02 GMT

By Kirsten Fagerland Pezewski, attorney for the Rental Property Association of Wisconsin, Inc., Pezewski Law Offices, S.C.

Wisconsin has passed a law that affects Wisconsin housing providers and tenants. RPA recommendations are set forth at the end of this email.

2025 Wisconsin Act 90//Senate Bill 413 makes changes to Wisconsin Statute 704.16 “Termination of tenancy for imminent threat of serious physical harm; changing locks”.

Formerly, Section 704.16(1)&(2) provided, among other things, a process for tenants to terminate their tenancies if they are under imminent threat of serious physical harm by remaining in the premises and if the tenant properly provides (and generally is the “victim in”) any of the following certified documentation: domestic abuse injunctions, child abuse injunctions, harassment injunctions, criminal offense conditions of release under Chapter 969, or sexual assault, stalking or domestic abuse criminal complaints.

In a nutshell, the Act modifies the process for a tenant to terminate his or her tenancy because the tenant, or a child of the tenant, faces an imminent threat of serious physical harm by remaining in the premises that is related to attempted, threatened, or actual sexual assault. No changes were made to Section 704.14 in this Act, and the required domestic abuse notice language for leases has not been changed by this Act.

Helpful links:

Section 704.21, Wis. Stats: https://docs.legis.wisconsin.gov/statutes/statutes/704/21

Section 704.16, Wis. Stats as of 3-12-26 without changes: https://docs.legis.wisconsin.gov/statutes/statutes/704/16

2025 Wisconsin Act 90: https://docs.legis.wisconsin.gov/2025/related/acts/90

Prior to this change, to terminate his or her tenancy, the tenant would need to (1) somehow “establish” that the tenant, or a child of the tenant, faces an imminent threat of serious physical harm from another person if the tenant remains on the premises, and (2) provide the landlord (a) notice as set forth under 704.21 and (b) a certified copy of a type listed (injunctions, conditions of release, or criminal complaints).

With this change, the first element is no longer applicable as to sexual assault circumstances. Now, to terminate the tenancy in relation to sexual assault, the tenant must only provide (a) the notice in the manner set forth in 704.21 and (b) a certified copy of an injunction order protecting the tenant, or child of the tenant, from another person based on the other person’s engaging in an act attempting, threatening or constituting sexual assault.

“Establish” is in quotes above as to facing an imminent threat of serious physical harm, because the statute otherwise requires tenants to “face” an imminent threat of serious physical harm, but the only action required by the tenant was and otherwise is to provide the landlord with notice as provided under Section 704.21, together with a certified copy of the documents therein listed.

Recommendations: any time a tenant provides you with a notice terminating tenancy for imminent threat of serious physical harm, review Section 704.16 to ensure you are following its provisions. Make sure it is the current version. If you simply wish to release the tenant or accept copies that are not certified, etc. to not hold the tenant to the strict requirements, you are able to do so. If you wish to require the tenant to strictly follow the procedures set forth in Section 704.16, review the statute carefully so you are not wrongfully holding a tenant responsible for continuing liability under lease. However you elect to proceed, remember that the tenant is not liable for any rent after the end of the month following the month in which the tenant provides the notice and documentation or removes from the premises, whichever is later. As always, owners are required to mitigate their damages under Section 704.29(2).

Helpful hints: it might help to think of receipt of notice/documentation as converting a lease to a statutory month-to-month tenancy, terminating on the last day of the following month. You may want to consider NOT holding the tenant over a technical flaw in procedure because if the worst happens, you may be dealing with damages you won’t recover for, and a property that may be tainted if someone is brutally killed there.

NOTICE THAT THIS IS NOT LEGAL ADVICE: The information in this email is provided for general informational purposes only. The information contained in this post should not be construed as legal advice from Rental Property Association of WI, Inc. or its individual author. Please seek appropriate legal or professional advice on the particular facts and circumstances that you may have at issue from a lawyer licensed to practice law in your state or jurisdiction if you wish to obtain legal advice about any matter.

Milwaukee County Housing Services - Final Town Hall of 2025

Mon, 15 Dec 2025 14:00:00 GMT

After a few months away, we're excited to bring back our Monthly Housing Providers Town Hall and it's our final session of 2025!

This month, we're focusing on an essential topic for anyone working in rental housing, reasonable accommodations. Come join the Metropolitan Milwaukee Fair Housing Council for an informative conversation on modifications for people with disabilities, including assistance animals. This session will not be recorded, but we invite you to stay until the end for a Q&A.

Date: Tuesday, December 16th
Time: 10AM
Location: Virtual CLICK HERE FOR LINK

IMMEDIATE ACTION REQUIRED FOR CITY OF MILWAUKEE PROPERTIES

Sat, 13 Dec 2025 02:00:00 GMT

IMMEDIATE ACTION REQUIRED—CITY OF MILWAUKEE PROPERTIES

New Ordinance Effective 12/16/25 – LEASING DOCUMENTS AFFECTED

Document Retention Necessary per City Ordinance

___________________________________________________________

Updated December 12, 2025 8:00 p.m.

On December 2, 2025, the Mayor of the City of Milwaukee signed a substitute ordinance 218-28 relating to tenant acknowledgment of fire safety code noncompliance (exemption) in certain multifamily residential buildings. You can link to the text of that ordinance here: https://milwaukee.legistar.com/LegislationDetail.aspx?From=RSS&ID=7427863&GUID=34E05485-F495-4DF3-9B10-4EA51155BA78&FullText=1

City of Milwaukee Legislative Analysis: This ordinance requires the lessor of a residential rental building with 3 or more dwelling units to disclose, in a clear standardized form, whether a rental dwelling unit or the structure in which it is located is equipped with required fire alarm and fire suppression systems such as sprinklers, is lawfully exempt and legally non-conforming, or not compliant and not exempt. The disclosure shall include the most recent fire inspection date and, if applicable, the expiration of any temporary occupancy permit related to fire and life-safety systems. Dwelling units in buildings with 16 or more units or 3 or more stories above grade operating under lawful exemptions shall be inspected at least once every 6 months. The department of neighborhood services may issue orders to vacate unsafe dwellings or those lacking valid permits, ensuring tenants are informed and protected when fire and life-safety standards are not met.

The ordinance changes include changes in the ordinances regarding fees (MCO 200-33) and fire inspections (MCO 214-7).

SUMMARY:

All City of Milwaukee rental property owners are advised to: READ THE ORDINANCE AND ENSURE YOU ARE FAMILIAR WITH ITS REQUIREMENTS AND PENALTIES.

YOU NEED TO KNOW if your City of Milwaukee properties are covered and if you will be required to:

(1) provide the required NOTICE TO PROSPECTIVE LESSEES starting DECEMBER 16, 2025;
(2) obtain a SIGNED ACKNOWLEDGEMENT FORM FROM EACH PROSPECTIVE TENANT prior to any new tenant signing a lease or rental agreement; and
(3) retain copies of signed disclosure documents for at least three years after the commencement date of each lease.
(4) In addition, be ready for additional notice requirements: certain properties will need to provide updated notices to each tenant after inspections.
(5) While the ordinance states disclosures are to be made to a "prospective lessee", it also states the notice is to be provided prior to the execution of any lease or rental agreement. To be safe, provide notices and obtain acknowledgments prior to signing any renewal leases as well.

If your properties are covered by this ordinance and you must comply then:

YOU WILL NEED a separate form notice together with a separate form acknowledgement for each prospective tenant (or renewal tenant). These documents cannot be combined with the lease or rental agreement, they must be separate documents. The ordinances include a form disclosure and a form acknowledgment. For your general information, please see RPA’s sample form adaptations, together with RPA's important notice and instructions about those form adaptations. You will be able to access RPA's additional important notice and instructions and sample forms on RPA’s website by logging in as an RPA member when posted. [See headings above "For Members"]

YOU WILL NEED to create a document retention policy to retain each signed disclosure document for a period of not less than 3 years following the commencement date of each lease. The document retention system must allow you to easily provide the proof of each document to the department upon request or during any inspections or permit reviews [in addition to maintaining the documents in each tenant file, it may be advisable to keep a file holding all disclosure documents from all units together.]

FAILURE TO COMPLY WITH THE FIRE-SAFETY DISCLOSURE ORDINANCES SUBJECTS PROPERTY OWNERS TO PENALTIES PROVIDED IN S. 200-19 AND ANY OTHER APPLICABLE PROVISIONS OF THE CODE RELATING TO VIOLATIONS OF HOUSING, RENTAL OR OCCUPANCY REGULATIONS. Each day during which a violation continues shall constitute a separate offense. See MCO 200-19 at this link: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-2/CH200-sub3.pdf

Rental Property Association of Wisconsin, Inc. has concerns about the enforceability of the disclosure ordinance which appears to be contrary to Wisconsin State Statutes, as well as the confusing language of the ordinance which makes understanding the actual requirements of this ordinance and compliance with it challenging. However, despite the issues with this particular ordinance, RPA is committed to partnership with Wisconsin and Wisconsin municipalities to better educate and assist Wisconsin residents in fire safety, and encourages all members to disclose information helpful to Wisconsin residents regarding fire safety in resident homes and buildings.

NOTICE THAT THIS IS NOT LEGAL ADVICE: This information is only for general informational purposes.

Please ensure that you are working with your attorney to determine whether your properties are subject to the fire safety disclosure, acknowledgment, and record retention requirements, and that your adoption and/or adaptation of the forms for the City of Milwaukee is compliant, along with your record retention systems.

This information should not be construed as legal advice from Rental Property Association of WI, Inc. or its individual author, and usage of the forms should be discussed with your attorney for legal compliance. Please seek appropriate legal or professional advice on the particular facts and circumstances that you may have at issue from a lawyer licensed to practice law in your state or jurisdiction if you wish to obtain legal advice about any matter.

If Freddie and Fannie Aren’t Enforcing the CARES Act, Do Landlords Still Have to Use a 30-Day Notice?

Tue, 02 Dec 2025 14:00:00 GMT

Please check out this article from Pettit Law Group, written by Atty. Gary Koch.

Excerpt:

Fannie Mae (officially the Federal National Mortgage Association (FNMA)) and Freddie Mac (officially the Federal Home Loan Mortgage Corporation (FHLMC)), both government-sponsored enterprises that sell mortgage-backed securities, are no longer enforcing the CARES Act’s 30-day notice requirement.

Great, right? No more 30-day notices, right? Well, not so fast.

Link to Full Article Here

RPA 2025 Board Election Results

Tue, 18 Nov 2025 14:00:00 GMT

For Treasurer and 1-year board term:

Tim Ballering, by unanimous ballot

For 2-year board terms:

Steven Belter (re-elected)
Eileen Robarge
Dave Mays

November 2025 Update for HCV Program Housing Providers

Fri, 07 Nov 2025 15:30:00 GMT

Housing Payments to continue for 6 months for all late Recertifications

As we announced on October 10, 2025, HACM has temporarily changed its policy so that payments are not placed on hold unless the income recertification is more than six months past due.

What that means is for those of you with tenant recertifications due 6/1/25 or earlier, you should have received payments through the first 6 months in the new contract year by November 1st.

When the tenant's lease renewal is finalized, a copy will be sent to both you and your tenant to the email we have on file, and any missing payment and adjustments for approved rent increase will be released.

Using the landlord portal to see when your tenant recertifications are due

We encourage all landlord partners to utilize the Landlord Portal. At the "Unit Info" icon, you can access all your voucher family contracts, what the tenant pays, what the Housing Authority pays, and when the lease renews. When you see a re-exam date is in the past, it means we have not completed certifying tenant's household income, however we will continue to make payments for up to 6 months under the terms of the expired lease.

Recertification Requirements

All Section 8 voucher families are required to complete an annual recertification of their household income and other relevant household details. This process ensures continued eligibility and accurate subsidy calculations. Families are contacted 90–120 days prior to their lease anniversary date and asked to complete the recertification online, including submitting current income documentation and updating household composition if applicable.

A Housing Specialist then reviews the submitted information, verifies supporting documents, and recalculates the family's portion of rent, typically 30% of their adjusted income. These updated figures are used to prepare the lease renewal and ensure the housing assistance remains aligned with the household’s current financial situation.

HACM Notification of Family Non-Compliance

When a Housing Choice Voucher (HCV) participant is found to be non-compliant with program requirements such as failing to complete the annual recertification, HACM is responsible for initiating enforcement procedures. This includes issuing the family a formal 30-day Intent to Terminate (ITT) notice. At the same time, HACM will notify the property owner of the tenant’s noncompliance and the pending termination of the Housing Assistance Payment (HAP) contract. This notification allows the owner to take appropriate action under the lease agreement and fulfill their obligations under the HAP contract, including reporting any enforcement efforts to HACM.

Tenant Accountability

While the Housing Authority of the City of Milwaukee (HACM) administers the Housing Choice Voucher (HCV) program, lease enforcement is solely the responsibility of the property owner or landlord. Owners must take appropriate and timely action to address lease violations in accordance with Wisconsin law and the terms of the lease agreement.

To ensure coordinated support, please report any lease violations, including notices of termination or eviction, immediately to compliance@hacm.org. This allows HACM to appropriately address the matter with the program participant.

New NSPIRE Inspection Standards Effective October 1, 2025

As a reminder, HACM has adopted the new NSPIRE inspection standards as of October 1, 2025. Under these updated guidelines:

Carbon Monoxide Detectors: A 10-year sealed battery carbon monoxide detector must be installed on each floor of the unit and within 21 feet of any gas appliance.
Smoke Detectors: Beginning December 29, 2024, all units participating in the Housing Choice Voucher (HCV) Program must have 10-year sealed battery smoke detectors installed in:
- Every sleeping room
- Living rooms
- Dining rooms
- Rooms adjacent to any bedroom
- Each floor of the unit

These requirements must be met in order for a unit to pass a HACM-conducted inspection.

We will continue to discuss the new inspection standards at the next several monthly meetings, and we strongly encourage all property owners/managers to attend to gain knowledge about these new inspection standards.

November Virtual Information Session

Date: Wednesday, November 12, 2025
Time: 10:00 AM - 11:00 AM
Location: Microsoft Teams

Click here to join the meeting

Meeting ID: 291 278 921 882
Passcode: WUuwKK

Prefer to call-in only (no video)?

Phone Number: 414-251-0392
Phone Conference ID: 252 725 593

NSPIRE Standards Went Into Effect October 1, 2025 for HACM Units

Wed, 05 Nov 2025 14:00:00 GMT

By Dawn Anastasi, RPA Board Member

I met with a representative for HACM yesterday and he mentioned that some rental units are starting to fail inspections because of the new NSPIRE standards that went into effect on October 1, 2025.

Here is a link to the HUD website outlining the NSPIRE standards

One common failure point is not having smoke alarms in the proper areas.

From NSPIRE:

Smoke alarm should be installed high on walls or ceilings.
- If mounted on the ceiling, then it must be greater than 4 inches from the wall.
- If mounted on the wall, then the top edge of the smoke alarm cannot be closer than 4 inches or greater than 12 inches from the ceiling.
Smoke alarm should be installed at least 10 feet from a cooking appliance.
Smoke alarm should not:
- Be installed near windows, doors, or ducts where drafts might interfere with their operation.
- Be painted or have decorative stickers or other decorations present.
The unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, in the following locations:
- On each level of the unit;
- Inside each bedroom;
- Within 21 feet of any door to a bedroom measured along a path of travel; and
- Where a smoke detector installed outside a bedroom is separated from an adjacent living area by a door, a smoke detector must also be installed on the living area side of the door.

Note the item in bold -- smoke detectors/alarms need to be located inside each bedroom -- not just in the hallway between the bedrooms.

An inspection can fail for the following reasons for smoke detectors/alarms:

The smoke alarm is not installed where required.
The smoke alarm is obstructed.
The device doesn't produce an alarm when tested.
Smoke alarm is not installed inside each bedroom AND Smoke alarm is not installed outside the bedroom(s) AND Smoke alarm is not installed on each level.

HACM Update: Notice to Owners Regarding Delayed Payments

Fri, 10 Oct 2025 22:00:00 GMT

From the Housing Authority of the City of Milwaukee (HACM)

For many years, it has been the policy of the Housing Authority of the City of Milwaukee (HACM) Housing Choice Voucher (HCV) Program to place Housing Assistance Payments on hold if a participating household has failed to comply with their annual income re-certification obligations and the re-certification becomes more than three months past due. This policy exists to protect public funds by ensuring payments are not made on behalf of households and units that are no longer eligible for assistance.

In January of 2025, HACM retained the services of CVR Associates, Inc. (CVR) to manage its HCV Program. CVR is a national consulting firm with extensive HCV experience. They identified significant file deficiencies which must be corrected and have delayed the processing of annual re-certifications. It is vitally important to make these corrections in order to ensure data integrity going forward. However, as a result, payments have been held up for approximately 500 assisted households.

To ensure that owners are not unduly penalized, HACM has temporarily changed its policy so that payments are not placed on hold unless the income recertification is more than six months past due. Each account is being handled individually to ensure data accuracy and payments will be made on a rolling basis with all payments expected to be completed by October 31, 2025.

Additional resources have been deployed to assist with the necessary file processing. We encourage you to work with your affected tenants to ensure they remain compliant with program requirements. Non-compliant households could be subject to program termination in the coming months. We should also remind landlords that if they are missing HAP payments, they can contact our call center at (414) 286-5650 for assistance. If you believe you are missing any payments or have any other questions or concerns, please contact us at (414) 286-5650.

The HACM and CVR teams extend our sincere appreciation to landlords for their patience and understanding as we work through these challenges.

We value your partnership and ongoing collaboration in supporting families who rely on the Housing Choice Voucher Program.

October Virtual Information Session for HACM Housing Providers

Tue, 07 Oct 2025 20:30:00 GMT

Get the latest information regarding the HACM HCV Program, including what is happening with late recertifications, new NSPIRE inspections standards, the landlord portal and any concerns and/or questions you may have.

Date: Wednesday, October 8, 2025

Time: 10:00 AM - 11:00 AM

Location: Microsoft Teams

CLICK HERE TO JOIN THE MEETING
Meeting ID: 291 278 921 882
Passcode: WUuwKK

Prefer to call-in only (no video)?

Phone Number: 414-251-0392
Phone Conference ID: 252 725 593

Monthly Update for HACM Housing Providers

Tue, 07 Oct 2025 13:00:00 GMT

From the Housing Authority of the City of Milwaukee (HACM)

No Housing Payments due to late Recertification and Lease Renewal Processing

We understand that some of you have now exceeded the 90-day extended payment period. Property owners will continue to receive payments for up to three (3) months after the lease expiration date. We are working diligently to complete these recertifications and resume regular payments as quickly as possible, and we appreciate your patience. Once a tenant's lease renewal is finalized, a copy will be sent to both you and your tenant. At that time, any necessary payment adjustments, retroactive to the renewal date, will be made.

Preventing HAP Abatement

Proactive Maintenance: It is recommended that owners inspect their units before the annual inspection and correct any deficiencies found. Consider the following:

Functioning smoke detectors
Safe electrical systems
Adequate heating and plumbing
No lead-based paint hazards
Structurally sound walls, floors, and ceilings

Deficiency Correction: If deficiencies are found during an inspection, owners are typically given a specific timeframe to make repairs (e.g., 24 hours for life-threatening issues, 30 days for non-emergency issues).

Monitor Inspection communication: Owners are notified of inspection appointment and results in various ways; mailed notices, automated calls, CVR inspection portal, and Rent Cafe owner portal. Owners should monitor these channels to keep abreast of inspection dates and results. Automated reminder calls and emails remind owners of upcoming appointments, results, and pre-abatement enforcement. Please make sure your phone number and email are up to date in our system, you can change them through the landlord portal.

Re-inspection: The unit will be re-inspected after the repair period. If repairs are not made, HAP payments will be suspended (abated) beginning the first of the proximate month.

HAP Contract Breach: Failure to maintain the unit according to HUD inspection standards is a common landlord breach of the HAP contract. The HAP contract outlines the owner’s obligations, including:

Maintaining the unit in accordance with HQS
Not charging more rent than allowed
Not engaging in fraud or criminal activity

Tenant Accountability

Use a Clear Lease

Spell out rules, rent terms, and penalties.
Avoid illegal clauses.

Screen Tenants Carefully

Check background, credit, and references.
Follow Fair Housing laws.

Inspect Regularly (with 12-hour notice)

Document unit condition.
Use checklists at move-in/out.

Communicate & Document Everything

Keep records of payments, repairs, and notices.
Use written or certified communication.

Enforce Lease Terms

Charge late fees (if in lease).
Serve proper notices for violations (5-day or 14-day).

Handle Security Deposits Properly

Return or itemize within 21 days.
Only deduct for unpaid rent or damages.

Know What You Can’t Do

No retaliation, illegal entry, or unfair deductions.

Use State Resources

Wisconsin Landlord-Tenant Guide
Legal aid and best practice sites.

To ensure coordinated support, please report any lease violations, including notices of termination or eviction, immediately to hcvsupport@hacm.org. This allows HACM to appropriately address the matter with the program participant.

Information about Building an ADU in Milwaukee

Fri, 19 Sep 2025 12:00:00 GMT

Did you know, it’s now easier to build an Accessory Dwelling Unit (ADU) in Milwaukee? Check out the ADU Guide and other resources at milwaukee.gov/adu

SBA Offers Disaster Relief to Wisconsin Businesses, Private Nonprofits and Residents Affected by August Severe Storms

Thu, 18 Sep 2025 13:00:00 GMT

The U.S. Small Business Administration (SBA) announced the availability of low interest federal disaster loans for Wisconsin businesses, private nonprofits, and residents affected by severe storms and flooding occurring Aug. 9-12, 2025. The SBA issued a disaster declaration in response to a request received from Gov. Tony Evers, on Sept. 10, 2025.

The declaration covers primary Wisconsin counties of Milwaukee, Washington and Waukesha; which are eligible for both Physical damage loans and Economic Injury Disaster Loans (EIDLs) from the SBA. Small businesses and most private nonprofit (PNP) organizations in the following adjacent counties are eligible to apply only for SBA EIDLs: Dodge, Fond Du Lac, Jefferson, Ozaukee, Racine, Sheboygan and Walworth.

Businesses and nonprofits are eligible to apply for business physical disaster loans and may borrow up to $2 million to repair or replace disaster-damaged or destroyed real estate, machinery and equipment, inventory, and other business assets.

Homeowners and renters are eligible to apply for home and personal property loans and may borrow up to $100,000 to replace or repair personal property, such as clothing, furniture, cars, and appliances. Homeowners may apply for up to $500,000 to replace or repair their primary residence.

Beginning Wednesday, Sept. 17, SBA customer service representatives will be on hand at the Business Recovery Center (BRC) in Milwaukee County to answer questions about SBA’s disaster loan program, explain the application process and help individuals complete their application. Walk-ins are accepted, but you can schedule an in-person appointment in advance at appointment.sba.gov.

The BRC hours of operation are listed below.

Business Recovery Center (BRC)

Milwaukee County

Summit Place

6737 W Washington St

West Allis, WI 53214

Opening: Wednesday, Sept. 17, 9 a.m. to 4:30 p.m.

Hours:   Monday – Friday, 8 a.m. to 4:30 p.m.

Saturday, 9 a.m. to 1 p.m.

Closed Sunday

“SBA’s Business Recovery Centers have consistently proven their value to business owners following a disaster,” said Chris Stallings, associate administrator of the Office of Disaster Recovery and Resilience at the SBA. “Business owners can visit these centers to meet face-to-face with specialists who will guide them through the disaster loan application process and connect them with resources to support their recovery.”

Applicants may also be eligible for a loan increase of up to 20% of their physical damage, as verified by the SBA, for mitigation purposes. Eligible mitigation improvements include strengthening structures to protect against high wind damage, upgrading to wind rated garage doors, and installing a safe room or storm shelter to help protect property and occupants from future damage.

Interest rates are as low as 4% for businesses, 3.625% for PNPs, and 3% for homeowners and renters, with terms up to 30 years. Interest does not begin to accrue, and payments are not due, until 12 months from the date of the first loan disbursement. The SBA sets loan amounts and terms, based on each applicant’s financial condition.

Disaster survivors should not wait to settle with their insurance company before applying for a disaster loan. If a survivor does not know how much of their loss will be covered by insurance or other sources, SBA can make a low-interest disaster loan for the total loss up to its loan limits, provided the borrower agrees to use insurance proceeds to reduce or repay the loan.

With the changes to FEMA’s Sequence of Delivery, survivors are now encouraged to simultaneously apply for FEMA grants and the SBA low-interest disaster loan assistance to fully recover. FEMA grants are intended to cover necessary expenses and serious needs not paid for by insurance or other sources. The SBA disaster loan program is designed for your long-term recovery, to make you whole and get you back to your pre-disaster condition.

To apply online, visit sba.gov/disaster. Applicants may also call SBA’s Customer Service Center at (800) 659-2955 or email disastercustomerservice@sba.gov for more information on SBA disaster assistance. For people who are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.

The filing deadline to return applications for physical property damage is Nov. 10, 2025. The deadline to return economic injury applications is June 11, 2026.

DOWNLOAD THE FACT SHEET (pdf)

FREE in-person fair housing training seminars for owners and managers of rental housing

Thu, 21 Aug 2025 19:30:00 GMT

Please note that this training is intended for housing providers, not housing consumers or members of the general public.

Saturday, October 18, 2025

10:00 a.m. – 12:30 p.m.
Good Hope Branch of the Milwaukee Public Library
7715 W. Good Hope Rd., Community Room

Tuesday, October 28, 2025

4:00 p.m. – 6:30 p.m.
Mitchell Street Branch of the Milwaukee Public Library
906 W. Historic Mitchell St., Community Room

To register for this seminar, CLICK HERE or call 414-278-1240.

The seminar will include information about the protected classes and prohibited practices delineated by local, state, and federal fair housing laws, as well as reasonable accommodations and modifications for tenants with disabilities.

The material presented during this seminar is intended for general information purposes only and does not constitute legal advice.

Recording of the seminar is not permitted.

August Monthly Update for HACM Housing Providers

Tue, 12 Aug 2025 18:00:00 GMT

August Virtual Information Session

Date: Wednesday, August 13, 2025
Time: 10:00 AM - 11:00 AM
Location: Microsoft Teams

Click here to join the meeting

Meeting ID: 291 278 921 882
Passcode: WUuwKK

Prefer to call-in only (no video)?

414-251-0392
Phone Conference ID: 252 725 593#

Landlord Portal: Features Now Available

Great news! The next time you log into the Landlord Portal, not only will you be able to access real-time information about your HACM HCV Program account, but you will also be able to view inspection reports and submit rent increase requests, if eligible ... all without having to call, email or come into the office.

Inspection Reports are now available via the 'Attachments' icon on your dashboard. These are typically posted the next business day following the inspection.

To submit a Rent Increase Request, simply click the 'Rent Increase Request' icon on your dashboard and follow the on-screen instructions.

Not yet registered for a portal account? Please email stephen.fendt@hacm.org and include your name and the last four of your tax ID. Once received, we'll send you a registration code.

U-Haul Offering Free 30 Days Self Storage for SE Wisconsin Flood Victims

Mon, 11 Aug 2025 17:00:00 GMT

2-1-1 Wisconsin Disaster Report

Sun, 10 Aug 2025 18:00:00 GMT

These reports are used to support the state & city asking FEMA for help.

https://211wisconsin.communityos.org/damage-report

Update from Milwaukee County Housing Services

Thu, 10 Jul 2025 13:00:00 GMT

Update provided courtesy of MCHS

LIFT Celebrates One Year

We're thrilled to mark the one-year anniversary of LIFT (Landlord Incentives to Foster Tenancy) -- our landlord incentive program designed to strengthen housing stability through flexible funding, quicker lease-ups, and strong partnerships. Partners can stay tuned for our annual report and updates at www.LIFTMKE.com.

Inspection Updates

Beginning October 1st, 2025, Milwaukee County Housing services is transitioning from Housing Quality Standards (HQS) to NSPIRE. As part of this change, we want to highlight a major update for all housing providers. A smoke detector installed outside of a sleeping room within 6 feet of the bedroom, will no longer be acceptable during inspection. The new standards require that all sleeping rooms must have a 10-year sealed battery smoke detector installed. This is in addition to already required smoke and carbon monoxide detectors.

Upcoming Housing Provider Town Hall

Let's connect! Come here from our Supportive Housing Case Management team at our next virtual town hall is happening Tuesday, July 15th at 10am. We'll discuss and learn about case management and other mental health services available to Milwaukee County residents.

A plan to increase housing in the City of Milwaukee that affects property owners and developers

Wed, 09 Jul 2025 18:30:00 GMT

By Kirsten Fagerland Pezewski, Attorney

CITY OF MILWAUKEE’S PROPOSED HOUSING ELEMENT PLAN: A plan to increase housing in the City of Milwaukee that affects property owners and developers.

We are writing today to talk about the City of Milwaukee’s Proposed Housing Element Plan. Any owners or developers interested in City of Milwaukee properties should be interested in this plan.

You may review the executive summary here.
You may review the final draft of the plan here.

This project has been in motion since 2023, and is currently in the adoption process. The “final draft” of the plan is dated June 9, 2025.

On July 8, 2025, the Common Council’s Zoning, Neighborhoods and Development Committee recommended approval of the ordinance adopting Milwaukee’s Comprehensive Plan: Housing Element as part of Milwaukee’s overall Comprehensive Plan.

The summary shows two “near term” strategies: (1) update the zoning code to allow more neighborhood scale housing in more neighborhoods (allowing detached homes, townhouses, ADUs and cottage courts in all neighborhoods); and (2) adjust the zoning code to remove barriers to new housing by relying on height, setback and design requirements as opposed to mathematical equations to control the numbers of housing units.

The plan does touch on renters and therefore on property owners. However, the plan is largely about re-envisioning Milwaukee’s zoning and planning rules to encourage housing-friendly growth which goes hand in hand with walkable neighborhoods, group homes, homes for all ages and stages, multigenerational families, etc. As such, the plan may be of interest to members that are interested in development, and the plan may hold information regarding programs and services that, while chiefly directed more to homeowners, may provide opportunities for members interested in development as well.

There are seven key priorities including an emphasis on building repair, intergovernmental collaboration and legislative advocacy which increases accountability for property owners and enacting legislation protecting tenant rights, and a city commitment to “anti-displacement” which does not, in the summary, refer to anti-eviction measures, but does in the plan.

Of note, this plan is an update to the “Comprehensive Plan” to support evolving housing needs, and earlier drafts were entitled “Growing Milwaukee”. Members may be familiar with information attached to the earlier plans.

The first one-third of the report is background material. There are interesting statistics regarding Milwaukee Housing and rental housing in Milwaukee. For instance, when housing was built and in what areas of the city, and the numbers of units of differing types built over time. It shows 58% of Milwaukeeans are renters, for example.

The plan shows various “themes” from public comments. Owner-related are the following: anti-displacement of renters and homeowners; “Fair & Quality Housing Conditions”—residents would like city officials to hold “bad” landlords accountable to provide fair and quality housing for all residents; “Accountability & Speculation”—residents would like city officials to hold absentee landlords accountable and discourage predatory and speculative investment in homes.

The plan discusses “Goals & Policies” of the City of Milwaukee including the following:

Zoning in relation to housing choice and access. The thrust is that all neighborhoods should allow a variety of housing choices, increase diversity and supply, and welcome individuals who are renters in all neighborhoods. Allow live-work and home-based businesses. Explore allowing new multi-family dwellings in appropriate locations within residential neighborhoods. Provide safe, healthy, and quality rental options for a variety of incomes and household types. Increase the supply of owner-occupied multi-family units. As discussed in one of the Koble amicus briefs, preserve naturally occurring affordable housing options.
Neighborhood repair, connections and health. This might be of interest of owners who are looking to invest and/or develop though development policies supporting smaller, local and community-based developers, expanding current programs to improve existing housing stock. Adopt new regulations for short-term rentals (tourist rooming houses). Continue to advocate for tenants’ rights to safe and well-maintained housing and fair rental practices and expand resources available for landlords and tenants, such as training, eviction prevention services, referral services and a single point of contact to assist tenant access programs and services.
Walkable neighborhoods & transit-oriented developments. This includes “create an unbundled parking ordinance to separate parking spaces from the base cost of rental housing” which is not more fully discussed.
Neighborhood development and urban design. Eliminate the rules restricting the number of housing units based on lot size.
A commitment to legislative advocacy and intergovernmental collaboration:
- Achieving goals will require collaboration and advocacy with state and federal partners.
- - Enacting legislation to protect tenants’ rights (dispute resolution, legal aid services for tenants at risk of eviction, standardized rental agreements, lead and other environmental safety standards.
  - Removing legislative barriers to allow Milwaukee to increase accountability for landlords to provide safe and fair housing options. State statutes should be updated to allow for: additional local ability to require landlord licensing and/or periodic inspections to ensure compliance with property maintenance requirements; stricter penalties for landlords who routinely ignore safety violations; and provide local government with nuisance abatement authority.
A COMMITMENT TO ANTI-DISPLACEMENT including: continuing programs such as the Milwaukee Home Down Payment Assistance Program to help moderate income renters become homeowners, and again, advocating for legislative measures called for in the City’s adopted legislative package to further protect the rights of tenants at risk of displacement.

This does provide insight into tenant rights’ packages for which the City of Milwaukee may be advocating. Members should continue to be aware of local housing and legal trends.

Monthly Update for HACM Housing Providers

Tue, 08 Jul 2025 15:00:00 GMT

Information provided from HACM (Housing Authority of the City of Milwaukee)

July Virtual Information Session

Date: Wednesday, July 9, 2025
Time: 10:00 AM - 11:00 AM
Location: Microsoft Teams Online Meeting

Click here to join the meeting

Meeting ID: 291 278 921 882
Passcode: WUuwKK

Prefer to call-in only (no video)?

414-251-0392
Phone Conference ID: 252 725 593#

Update: Recertification and Lease Renewal Processing

We understand that some of you may have now exceeded the 90-day extended payment period. As a reminder, property owners will continue to receive payments for up to three (3) months after the lease expiration date. Rest assured, we are working diligently to complete these recertifications and resume regular payments as quickly as possible. Once a tenant's lease renewal is finalized, a copy will be sent to both parties. At that time, any necessary payment adjustments, retroactive to the renewal date, will be made.

Thank you for your continued patience as we work through our backlog of tenant recertifications. We truly appreciate your understanding.

Direct Deposit Now Required for July 2025 and Following Payments

As was first announced in January, and in each monthly communication since, beginning July 1, 2025, HACM will only issue Housing Assistance Payments through direct deposit. Therefore, if you are a property owner/manager and have yet to set up Electronic Funds Transfer (EFT) via your Landlord Portal account, we are holding your check for July here at our office.

Recap from June 2025 Milwaukee County Town Hall Meeting

Tue, 17 Jun 2025 16:00:00 GMT

Did you miss the Town Hall which discussed the Opportunity MKE program?

Here's a flyer that explains what was discussed.

High-opportunity generally means neighborhoods with high performing schools, access to employment, low rates of violent crime, and access to other amenities like parks and grocery stores.

Want more information on this program?

Visit the Website Here

Monthly Update for HACM Housing Providers

Mon, 09 Jun 2025 13:00:00 GMT

From: Housing Authority of the City of Milwaukee (HACM)

June Virtual Information Session

Date: Wednesday, June 11, 2025
Time: 10:00 AM - 11:00 AM
Click here to join the meeting
Meeting ID: 291 278 921 882
Passcode: WUuwKK

Prefer to call-in only (no video)?

414-251-0392
Phone Conference ID: 252 725 593#

Notice: HUD Mandate for Smoke and Carbon Monoxide Detectors

Effective immediately, all sleeping rooms within units on the Housing Choice Voucher (HCV) Program as well as living rooms, dining rooms and each floor of a unit must have a 10-year sealed battery smoke detector installed in order to pass a HACM-conducted inspection. In addition, 10-year sealed battery carbon monoxide detectors must be on each floor and within 21 feet of any gas appliance.

This is a HUD mandate that went into effect on December 29, 2024 and is part of the new NSPIRE Standards — most of which are set to go into effect October 1, 2025. For more information, see NSPIRE Standards | HUD.gov / U.S. Department of Housing and Urban Development (HUD).

Note: A smoke detector installed outside of a sleeping room (i.e., in the hallway, within 6 feet of the bedroom) will no longer receive a pass rating during inspection. Also, if the living room and dining room are adjoined, only one smoke detector is required for both rooms.

Direct Deposit Only for All July 2025 Payments

As was first announced in January, and in each monthly communication since, beginning July 1, 2025, HACM will only issue Housing Assistance Payments through direct deposit. Therefore, if you are a property owner/manager and have yet to set up Electronic Funds Transfer (EFT) via your Landlord Portal account, you must do so no later than June 23 in order to receive your HAP in July.

Update: Recertification and Lease Renewal Processing

We ask for your continued patience as we work through our backlog of recertifications. Landlords will continue to receive payments for 3 months after the lease expired under the terms of the expiring leases. When the tenant’s lease renewal is complete, a copy will be sent to both parties and any payment adjustments going back to the renewal date will be made at that time.

Landlord Portal: New Features Now Available

Inspection Reports are now available via the 'Attachments' icon on your dashboard. These are typically posted the next business day following the inspection.

To submit a Rent Increase Request, simply click the 'Rent Increase Request' icon on your dashboard (see image below) and follow the on-screen instructions.

US Must Face Claims Over Pandemic Ban on Residential Evictions

Fri, 06 Jun 2025 18:00:00 GMT

By Mike Scarcella, Reuters

Read Full Article Here

A U.S. federal appeals court ruled Friday that the United States must face potentially billions of dollars in legal claims over a temporary ban on residential evictions during the COVID pandemic that affected millions of landlords.

The Washington, D.C.-based U.S. Court of Appeals for the Federal Circuit in a 7-3 decision, opens new tab rejected the government's bid to overturn a decision by a panel of judges last year that refused to dismiss claims from landlords seeking compensation over the eviction moratorium.

Damages have been estimated at tens of billions of dollars, as rental property owners were blocked from evicting people who were not paying rent.

Update on the Koble Investments vs. Elicia Marquardt Case at the Wisconsin Supreme Court

Sat, 31 May 2025 18:00:00 GMT

By Atty. Gary D. Koch of Pettit Law Group S.C.

See the Full Article on Tristan's Blog Here

If you are a landlord in Wisconsin, you’ve no doubt heard about the Koble Investments case now pending before the Wisconsin Supreme Court.

Since the decision was published, Koble successfully petitioned the Wisconsin Supreme Court to review, and hopefully overturn, the Court of Appeals decision.

Several interested entities, who are not parties to the action, have asked the Supreme Court to allow them to file Amicus, or “friend of the court”, Briefs to help guide the Supreme Court through the complicated issues and their potential ramifications on Wisconsin’s Landlord / Tenant landscape.

After June 9, the Supreme Court will likely schedule the case for oral argument, where the parties’ attorneys will present their arguments to the Court and field questions from the Justices regarding their positions. After oral argument, the Supreme Court will issue an Opinion.

There is no time frame for the Court to schedule oral argument or issue its Opinion, so we will continue to monitor the case and provide updates as it progresses.

WI Lawmakers Introduce Bill to Crack Down on Fake Emotional Support, Service Animals

Fri, 30 May 2025 13:00:00 GMT

By Hope Karnopp, Milwaukee Journal Sentinel

Read Full Article Here

Republicans leading the bill say business and property owners have reported higher cases of emotional support and service animal misrepresentation, with owners using fake harnesses or vests.

The bill would enshrine in law landlords' ability to ask tenants for documentation showing a prescription for an emotional support animal. Tenants who provide false documentation or health care providers who don't have a 30-day, established relationship with the patient could face a $500 fine.

Milwaukee County Housing Services May Town Hall - Eviction Alternatives

Thu, 01 May 2025 17:00:00 GMT

When: May 20, 2025 at 10:00am - 11:00am

Where: Virtual Online Meeting

Agenda: Presentation from Mediate Wisconsin, Milwaukee Justice Center, and Rental Housing Resource Center on eviction alternatives and legal resources for housing providers in Milwaukee County.

REGISTER HERE

Rental Housing News from Around the Country

Tue, 29 Apr 2025 21:30:00 GMT

What's happening in other states may alarm you.

Here are 2 bills introduced in Massachusetts:

HB1901: Fining Landlords for Tenant Drug Use

House Bill 1901 would impose fines on landlords if tenants use or store illegal drugs on their properties, regardless of whether the landlord is aware of the activity. This measure seeks to curb drug-related issues in rental properties by holding property owners accountable. Critics argue that penalizing landlords without their knowledge is unjust and could discourage property investment or lead to overly intrusive tenant monitoring. Supporters claim it incentivizes landlords to maintain safer environments, though the bill’s lack of clarity on enforcement or landlord protections remains contentious.

HB2246: Landlord Liability for Police Responses

House Bill 2246 goes further, making landlords financially responsible for the costs of police responses to their properties, no matter who initiates the call or the reason behind it. This could include incidents ranging from domestic disputes to noise complaints, even if the landlord has no control over the situation. Proponents argue that this bill encourages landlords to screen tenants more carefully and address issues proactively. However, opponents warn that it could unfairly burden landlords with unpredictable costs, particularly in high-crime areas, and may deter property owners from renting to certain tenants or operating in vulnerable neighborhoods.

Here is a bill introduced in Illinois:

HB3564: Amends the Landlord and Tenant Act

Prohibits a landlord from imposing a move-in fee. Provides that a landlord may not demand any charge for the processing, reviewing, or accepting of an application, or demand any other payment, fee, or charge before or at the beginning of the tenancy. Limits late fees to $10 for the first $1000 in monthly rent, and then 5% for everything more than $1000.

Here is what's happening in Washington:

Washington Joins Ranks of States Enacting Statewide Rent Control

Washington State has approved a new rent control measure, capping annual rent increases at the lesser of 7% plus inflation or 10%, with stricter limits for manufactured housing.

The law exempts buildings less than 12 years old and is paired with expanded tax incentives for developers focused on affordable housing.

Read the Full Article Here

Beyond Eviction: Landlords as Essential Partners in Housing Stability

Wed, 23 Apr 2025 21:00:00 GMT

Study by Legal Services Corporation, Office of Data Governance and Analysis

Read 10-Page Paper Here

Summary:

More than one-third of all occupied residences in the United States are rentals, home to over 45 million households.
Landlords, as the owners of these rental properties, provide a critical resource: affordable rental housing for individuals and families with limited incomes.
About 70% of all landlords are small, “mom-and-pop” landlords who own four or fewer rental properties and often rely on timely rent to cover mortgage costs and property expenses.

MYTH 1: Eviction filings are a quick way to recover unpaid rent.

REALITY: Eviction filings take weeks or months and landlords rarely recover all unpaid rent.

MYTH 2: Landlords file evictions on a whim.

REALITY: Landlords typically explore other options with their tenants before filing for eviction.

MYTH 3: Eviction is a cost-effective way to manage risk.

REALITY: Far from being a cost-effective strategy for managing the risk of rent disruptions, evictions increase risk for landlords.

MYTH 4: Eviction only hurts the tenant.

REALITY: Both tenant and landlord lose.

The RHRC is Looking for Landlords with Vacancies

Tue, 22 Apr 2025 19:00:00 GMT

Matt Desmond Speaking in Milwaukee / Evicted Book - April 30th

Mon, 21 Apr 2025 20:00:00 GMT

Matt Desmond, author of book “Evicted,” will be speaking at UWM on Wednesday 4/30. The event is free and open to the public (not just students and faculty).

When:

April 30, 2025 | 6:30PM

5:30 – Doors Open
6:30 – Presentation with book signing to follow

Where:

UWM Student Union, Wisconsin Room

2200 E Kenwood Blvd

Milwaukee, WI 53211

REGISTER HERE

MCHS April Town Hall: Fair Housing Month Spotlight with MMFHC

Thu, 10 Apr 2025 13:30:00 GMT

Milwaukee County Housing Services April Town Hall is featuring a Fair Housing presentation from the Milwaukee Metropolitan Fair Housing Council (MMFHC).

Date: Tuesday, April 15th
Time: 10AM

Agenda:

Fair housing protections that apply to all rental providers
How to create inclusive and equitable housing opportunities
Resources MMFHC offers for both tenants and landlords

This is an online event.

April 2025 Update for HACM HCV Program Housing Providers

Mon, 07 Apr 2025 16:00:00 GMT

If you have general questions or concerns regarding HCV Program operations and are looking for answers, please join the next online update for housing providers:

Date: Wednesday, April 9, 2025
Time: 10:00 AM - 11:00 AM
Location: Microsoft Teams

Click here to join the meeting

Meeting ID: 291 278 921 882
Passcode: WUuwKK

Prefer to call-in only (no video)?

414-251-0392
Phone Conference ID: 252 725 593#

Reminder: May 31 Deadline to Set Up Direct Deposit

As of July 2025, HACM will only issue Housing Assistance Payments electronically (no more paper checks). Therefore, all property owners/managers must set up direct deposit through the Landlord Portal no later than May 31, 2025.

Link to Landlord Portal

Recertifications

HACM is making good progress on the backlog of recertifications and remain confident they will meet the previously stated goal to rectify this issue by the end of May 2025. As a reminder, those accounts with late recertifications pending will continue to receive Housing Assistance Payments during this period.

Yet Another FinCEN Update

Wed, 26 Mar 2025 22:00:00 GMT

Here is the latest news regarding FinCEN reporting. In the last few months this has been back and forth regarding needing to file or the deadline for reporting being pushed off.

The latest update can be found on FinCEN's website.

All entities created in the United States — including those previously known as “domestic reporting companies” — and their beneficial owners are now exempt from the requirement to report beneficial ownership information to FinCEN. Existing foreign companies that must report their beneficial ownership information have at least an additional 30 days from March 26, 2025—until April 25, 2025, for most companies—to do so.

Recap of Town Hall for Milwaukee County Housing Services Inspection Checklist

Tue, 18 Mar 2025 15:30:00 GMT

This presentation was moderated by Alexi Millard. The main presenter was Pablo Santiago.

Pablo discussed some of the items that the inspectors are looking for. (This is not an exhaustive list.)

Outside items:

Checking handrails for 3+ steps
No loose or missing siding
No missing shingles
No chipping paint
Address plate must be present
Every tenant must have their own mailbox
If there is a storm door, it must latch and close properly
If the main door has a single pane window, a storm door must be present
Every entry door must have a single-key deadbolt (no double sided deadbolts allowed)
Tenants cannot be parking on the grass
The garage doors must be operable and the service doors must be lockable
The garage cannot have any raw wood, it must be painted or stained

Interior items:

Every room must have a heat source
Every window must have operable screen
Every window must have a sash lock
Every window on the first floor has to have a ventilation lock (vent lock or pin lock)
No chipping paint in the windowsills
To be considered a bedroom it has to be at least 70 sqft, it must have a closet or a wardrobe, if there is an overhead light there must be an outlet present
If there is a walk-through room it cannot be counted as a bedroom
There needs to be a 10-year sealed smoke detector within 6' of the bedroom
There needs to be a carbon monoxide detector on every level
Every bathroom has to have a window or an exhaust fan
All remodeled areas need to have a GFCI within 6' of a water source
All garbage disposals must be properly connected, no loose wires
In the basement, 10-year sealed smoke detector and carbon monoxide detector within 15' of the mechanicals
The unit must not have any open breaker slots in the breaker panels
Attics must have 2 means of egress (windows or stairwells) and smoke detector and carbon monoxide detector
Bedrooms are not allowed in basements unless there is proper egress
Hot water heaters must have pressure relief valves
Dryers must be vented to the exterior with rigid aluminum, no plastic

NSPRE is the new standard from HUD for inspections, this is going to replace the current inspection standards.

Download the NSPIRE HCV/PBV INSPECTION CHECKLIST here.

Every change to the program is planned a year in advance so there will be plenty of advance notice when there are changes.

Q&A section:

Q: Can multiple inspections be done at the same time for the same building (different tenants)? A: If renewal dates with multiple tenants in the same building are within 90 days, MCHS can do one inspection for both units on the same day if they are scheduled.
Q: How can someone see if an inspection is every year or every other year? A: Inspections get scheduled about 4 months before the renewal so you would find out at that time. Take a look at your tenant code from the contract. There are 4-5 numbers and the letter after it is "v" then its a Section 8 program with a biannual inspection schedule. All other tenants have an annual inspection.
Q: Is there something that the program offers to inform tenants that they cannot remove the smoke detectors? A: Yes, inform the case manager that the tenant keeps taking the smoke detector down. The case manager can educate them on the safety requirements of this device and if they keep failing the inspection because of it, they will be removed from the program.
Q: If HQS and City of Milwaukee DNS have differing codes for exterior items, which code is enforced? A: Whichever is stricter.
Q: Any tips for passing inspections on the first time? A: Walk through the unit the a day or two before the inspection and review everything the inspector will be looking for.

FREE Fair Housing Training Seminars in Milwaukee and Wauwatosa Coming Very Soon!

Wed, 05 Mar 2025 21:39:54 GMT

By: Kirsten Fagerland Pezewski, Pezewski Law Offices, S.C.

March 5, 2025

Did you know that the Metropolitan Milwaukee Fair Housing Council offers FREE training seminars for FAIR HOUSING issues?

The MMFHC currently has scheduled a Milwaukee seminar on Saturday, March 8, 2025 from 10:00 a.m. to 12:30 p.m., and a Wauwatosa seminar on Friday, June 6, 2025 from 2:00 p.m. through 4:30 p.m. Attendees must register in advance. You can register online:

Milwaukee: https://tinyurl.com/MKEFairHousingSpring2025

Wauwatosa: https://tinyurl.com/TosaFHTrainingJune2025

Why attend? The MMFHC website says that the seminars cover a wide range of fair housing topics, including:

Local, state, and federal fair housing laws
Advertising units in compliance with fair housing law
Non-discriminatory negotiation with prospective tenants
Interacting with current tenants in a fair and legal manner
Reasonable accommodations and modifications for tenants with disabilities

Over the years, I’ve had many clients with many questions about Emotional Support Animals and other fair housing topics. This is a great opportunity to bring your questions and hear directly from the Fair Housing Council.

The MMFHC link for 2025 training is: Free Fair Housing Training for Housing Providers - 2025 Check the site for future additional training opportunities.

NOTICE THAT THIS IS NOT LEGAL ADVICE: The information in this blog post is provided for general informational purposes only. The information contained in this post should not be construed as legal advice from Rental Property Association of WI, Inc. or its individual author. Please seek appropriate legal or professional advice on the particular facts and circumstances that you may have at issue from a lawyer licensed to practice law in your state or jurisdiction if you wish to obtain legal advice about any matter.

UPDATE: TREASURY DEPARTMENT ANNOUNCES SUSPENSION OF ENFORCEMENT OF THE CORPORATE TRANSPARENCY ACT AGAINST U.S. CITIZENS AND DOMESTIC REPORTING COMPANIES

Mon, 03 Mar 2025 19:22:51 GMT

March 3, 2025

By: Kirsten Fagerland Pezewski, Pezewski Law Offices, S.C.

The U.S. Department of the Treasury announced on March 2, 2025 that it will not enforce any penalties or fines associated with the beneficial ownership information reporting rule under the Corporate Transparency Act and its existing regulatory deadlines. The Department also stated that it will also not enforce any penalties or fines against U.S. citizens or domestic reporting companies or their beneficial owners after the forthcoming rule changes take effect.

The Treasury Department states that it will issue a proposed rulemaking that will narrow the scope of the rule to foreign reporting companies only.

You can follow this link to the U.S. Department of the Treasury’s notice here: https://home.treasury.gov/news/press-releases/sb0038.

Please be sure that you are working with your accountant and/or attorney to monitor the status of the BOI reporting requirements for your own organizations, and that you understand the requirements and penalties for failure to comply with the CTA.

Milwaukee County Housing Services Town Hall: How to Pass an Inspection

Mon, 03 Mar 2025 14:00:00 GMT

Topic: How to Pass a HQS Inspection

When: March 18, 2025 at 10:00am

Update from the Landlord Breakfast with Tristan Pettit

Thu, 20 Feb 2025 18:30:00 GMT

By Dawn Anastasi, RPA Board Member

This morning I attended the Annual Landlord Breakfast hosted by the Havenwoods Neighborhood Partnership.

The event was moderated by JeTaun Taylor, the Community & Safety Director for the Havenwoods Neighborhood Partnership.

The primary speaker was Attorney Tristan Pettit, who spoke about the Koble case and gave updates to the attendees.

Also in attendance were a panel of city personnel, including:

Staff from DPW (Department of Public Works), DNS (Department of Neighborhood Services), and the Forestry Division
Two Community Liaison Officers from Police District 4
An Assistant District Attorney
Milwaukee Common Council President José Pérez
Milwaukee Alderperson Mark Chambers

Attendees were treated to a continental breakfast and after the main presentation by Tristan Pettit, were able to have a Q&A session with Tristan and the entire panel.

It was an informative event, and I highly encourage RPA members to attend the next Landlord Breakfast.

UPDATE: BENEFICIAL OWNERSHIP INFORMATION (BOI) REPORTING IS BACK TO BEING ENFORCED – NEW DEADLINE

Thu, 20 Feb 2025 14:46:41 GMT

By: Kirsten Fagerland Pezewski, Pezewski Law Offices, S.C.

February 20, 2025

The federal Financial Crimes Enforcement Network announced on February 18, 2025 that beneficial ownership information (BOI) reporting requirements under the Corporate Transparency Act (CTA) are once again in effect.

FinCEN states that for “the vast majority of reporting companies, the new deadline to file an initial, updated and/or corrected BOI report is now March 21, 2025.” Please follow the link below to FinCEN’s notice to read about exceptions to the general reporting deadline on March 21, 2025.

In addition, during this extension for filing, FinCEN notes that it will be assessing options to further modify deadlines, while prioritizing reporting for those entities that pose the most significant national security risks, so it continues to be important to monitor developments with this reporting requirement.

You can follow this link to FinCEN’s notice here: FinCEN Notice, FIN-2025-CTA1, 2/18/2025. Or, you can follow this link to the FinCEN website here: United States Department of the Treasury Financial Crimes Enforcement Network | FinCEN.gov

Because of the harsh penalties for failing to comply with the CTA and reporting requirements (criminal penalties of up to two years of imprisonment and a fine of up to $10,000 and/or civil penalties of $591 per day increased annually by inflation) it’s very important to continue to monitor the status of the Corporate Transparency Act and its reporting requirements and how those requirements may affect your business entities.

Recap from Property Management Panel Hosted by MCHS

Tue, 18 Feb 2025 17:00:00 GMT

By Dawn Anastasi, RPA Board Member

I attended the Property Management Panel held by the Milwaukee County Housing Services Division. The moderator was Alexi Millard, Landlord Coordinator.

The panelists:

Ed Riggenbach, Welcome Home Milwaukee
Liz Perez, Smart Asset
Akram Khan - KPM Property Management

Here are some of the questions that came up during the panel and the answers from the panelists.

What trends are you seeing in the rental housing market?

Tenants are having higher and higher expectations for how quickly someone can come out to fix something and how 'upgraded' the property is
Very high instances of fraud committed by applicants
Growing expenses for rental properties -- insurance, maintenance
Rents are staying strong

What percentage of property values are owners charging for rent?

Years ago it was around 2% for new purchases, then it went down to around 1%, now it's around 0.6-0.7%
If you get 1% today, you are lucky
The market is softening, interest rates are not budging

What has been your experiences working with the Rent Assistance Program?

The benefit is that the process is already there, there is no need to reinvent the wheel
Everyone wants guaranteed rent and zero risk and this is just not a thing in this industry
Working with Rent Assistance reduces the risk because the government pays for at least a portion of the rent, if the tenant loses their job, the Rent Assistance program can re-evaluate their situation and re-adjust the payment schedule to the owner
One downside is the waiting -- waiting for the contract to be signed, waiting for the inspection to be scheduled, etc

What incentives or policy changes would make participating in Rent Assistance more attractive?

Greater speed of communication and assistance
Ability to think outside the box and come up with solutions for issues that arise
Funding for property damage by the tenant outside normal wear and tear

Note: Owners have to register for the LIFT program in order to get reimbursements for property damage.

The LIFT program does not apply to HACM, only MCHS.
The program only applies to NEW tenants, not existing tenants.

How do you navigate issues like Late Payments when working with Rent Assistance?

Get in front of it ASAP
Communicate with the tenant
Send a 30-day notice (5 day notice not allowed for tenants on Rent Assistance due to the CARES Act)

How do you navigate inspections when working with Rent Assistance?

Go through the property using the inspection checklist and make sure that that everything on the list is in working order and that there are no surprises
The most frustrating aspect of inspections is that the Housing Authority coordinates the inspection with the tenant and gives little to no opportunity for the owner to be there

How do you handle tenant retention and reduce turnover?

Provide good customer service
Use technology such as online payment options
Handle situations quickly and in a professional manner
Try to find common ground and compromise on tenant requests

Next Town Hall Topic: How to Pass a HQS Inspection

March 18th at 10:00am

Update on the matter of Koble Investments v. Elicia Marquardt

Sun, 16 Feb 2025 19:05:53 GMT

The Wisconsin Supreme Court has accepted Koble for review!

By: Kirsten Fagerland Pezewski, Pezewski Law Offices, S.C.

February 16, 2025

On February 12, 2025, the Wisconsin Supreme Court accepted the matter of Koble Investments v. Elicia Marquardt, 2022AP000182, for review. It has been a long wait to see whether this case would be reviewed. The Petition for Review was filed by attorneys for Koble Investments on May 23, 2024.

After the filing of the Petition for Review, Rental Property Association of Wisconsin, Inc., and its partner organizations (Wisconsin Realtors Association, Apartment Association of Northeast Wisconsin, Inc., Fox Valley Apartment Association, Inc., and Kenosha Landlord Association, Inc.) filed an amicus (friend of the court) brief, together with a supplement to the original brief. The amicus brief was filed with the Court on June 6, 2024.

The amicus brief argued to the court that the damages awarded in the Koble case by the Court of Appeals were not correct because the Court of Appeals:

· Incorrectly applied the Wisconsin Consumer Act to residential leases

· Ignored the periodic tenancy that existed despite the allegedly voided lease

· Incorrectly held that the tenant’s rent payments were a pecuniary loss

· Failed to require the tenant to show a causal connection between the violation and purported harm

The purpose of the amicus brief was to explain to the Supreme Court why it should grant the landlord’s petition for review, and the Court has granted the petition for review. Now, the Court of Appeals decision will be reviewed, and the Wisconsin Supreme Court will have the opportunity to change or modify the law made by the decision of the Court of Appeals.

The Wisconsin Supreme Court has set a briefing schedule for the parties. Koble’s brief is due March 14, 2025, and the tenant’s attorney’s brief is due 20 days after the Koble brief. Koble will have 10 days to file a brief in reply. When briefs are filed, the Court will most likely set this matter for oral arguments. The RPA does not expect a decision is likely to be issued prior to August of 2025.

RPA and its partner organizations are considering filing additional amicus briefs.

Landlord Breakfast Featuring Tristan Pettit

Mon, 10 Feb 2025 14:00:00 GMT

Sharing an event from the Havenwoods Neighborhood Partnership

Event Details:

Date: Thursday, February 20, 2025

⏰ Time: 9:30 AM – 11:30 AM

Location: Wisconsin Country Club, 6200 W Good Hope Rd, Milwaukee, WI 53223

Cost: $10 per person includes continential breakfast

Monthly Update for HACM Housing Providers

Sat, 08 Feb 2025 14:00:00 GMT

Monthly virtual information sessions for housing providers will be held on the 2nd Wednesday of each month from 10 a.m. - 11 a.m. CST.

Details on the next session:

Date: Wednesday, February 12, 2025

Time: 10:00 AM - 11:00 AM
Location: Microsoft Teams
Click here to join the meeting
Meeting ID: 291 278 921 882
Passcode: WUuwKK

Prefer to call-in only (no video)?

414-251-0392
Phone Conference ID: 252 725 593#

Message from HACM Regarding Backlog

We are aware that there is a backlog of work, and we have assembled a team to address this backlog. We plan to have all late annual re-examinations addressed by May 31, 2025, and the Housing Assistance Payments made by HACM on behalf of your HCV tenant(s) will continue during this period and not be affected. We thank you in advance for your patience during this time as we work diligently to get the backlog cleared.

New Call Center

To improve customer service and efficiency, a new Call Center has been implemented for the HCV Program that includes more options for assistance and a ticketing system for tracking inquiries. Not only can HCV participants and housing providers call the HCV Program office at 414-286-5650 to speak with a HACM representative during standard business hours (Monday-Friday, 8:30 a.m. to 4:30 p.m.), but they can also email hcvsupport@hacm.org to create a ticket that will be routed to the appropriate staff for assistance.

Housing providers can continue to contact Stephen Fendt, Outreach Coordinator, directly with questions and concerns.

However, please send all time-sensitive materials (i.e., 30-day quit or pay notices, rent increases, RTAs for new tenants) to hcvsupport@hacm.org for processing and refer any of your HCV tenants to the Call Center for support with recertification, income adjustments, etc.

Inspection Scheduling

A new inspection scheduling process has been established to provide additional notice for upcoming appointments. In addition to the biennial inspection appointment letter sent to you via U.S. Mail, you will now also receive several automated calls prior to the inspector's arrival at the unit — 2 weeks, 24 hours and 1 hour.

The phone number called will be the number we have on file for your account, so please make sure you keep that number updated through the Landlord Portal.

Wauwatosa Housing Providers Listening Session 2/13/25

Fri, 07 Feb 2025 14:00:00 GMT

You're invited to attend a roundtable discussion for owners and managers of rental housing in Wauwatosa:

Thursday, February 13, 2025, 10:00 a.m.
Little Red Store
7720 Harwood Ave, Wauwatosa, WI 53213

Agenda:

Introduction & Welcome -- Representative Margaret Arney
Discussion about housing providers’ experience with housing vouchers.
Updates on access to affordable housing options in Wauwatosa.
Discussion of the benefits of leasing to tenants with vouchers-
guaranteed payments, long term tenants & loss mitigation funds.
Updates on Landlord Incentives Fostering Tenancy--Alexi Millard, MCHA
Landlord Engagement Coordinator
Announcing new Housing Provider Engagement Benefits with Opportunity
MKE- Stefanie Ebbens, MMFHC Inclusive Communities Program

To register email Opportunity@fairhousingwisconsin.com

or call 414-278-1240.

Zoom link for virtual attendance will be provided upon request.

Landlord-Tenant Issues #1 on DATCP's Top 10 Consumer Complaints of 2024

Fri, 07 Feb 2025 14:00:00 GMT

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) released their list of the top 10 consumer complaints of 2024.

At the top of the top 10 were landlord-tenant issues.

Caleb Kulich, Public Information Officer for DATCP, writes:

With 2,525 complaints filed in 2024, landlord-tenant issues remained DATCP’s number one consumer complaint category. The most common disputes between landlords and tenants reported to DATCP include failure to maintain the premises, security deposit returns, unauthorized entry, mold and infestation, inadequate disclosures, and unsatisfactory service.

Read the Full Article on DATCP's Website

Milwaukee County Housing Services Town Hall: Property Management 101

Tue, 04 Feb 2025 14:00:00 GMT

Tue, Feb 18, 2025

10:00 AM - 11:00 AM CST

REGISTER HERE

Wauwatosa Housing Providers Listening Session 1/27/25

Fri, 24 Jan 2025 14:00:00 GMT

Save 20% on Your Bagster® Bag Collection

Thu, 16 Jan 2025 14:00:00 GMT

Update On Notices Available To Wisconsin Landlords In Residential Tenancies

Tue, 14 Jan 2025 14:00:00 GMT

By Atty. Jennifer Hayden of Pettit Law Group S.C.

Read the Full Article on Tristan's Blog

By statute, there are several types of notices that a landlord can serve on a tenant if the tenant commits a breach of their Residential Rental Agreement or when the landlord wishes to terminate the tenancy. If your Residential Rental Agreement with the tenant specifies something different, you would want to use the longer notice period.

Most of these notices can be used in periodic tenancies (such as a month-to-month tenancy) as well as a lease for the term (such as a 12-month lease) but under different circumstances. Please be aware that some notices can only be used in periodic tenancies, while others can only be used in leases for term.

Most of the notice types cannot be used in a lease for over one year unless the landlord and tenant agree in writing, usually in the Rental Agreement, that specifies that the landlord can serve either a 5-day or 14-day Notice, which we refer to as the “saving language.”

Read the Full Article on Tristan's Blog

Key Updates from the Housing Authority of the City of Milwaukee (HACM)

Fri, 03 Jan 2025 15:00:00 GMT

Information Provided by: Housing Authority of the City of Milwaukee

CVR Begins Management of HACM's Section 8 Program

As you may have read in the October 31, 2024 announcement, and in an effort to increase efficiencies and improve the overall experience for stakeholders of the Section 8 Housing Choice Voucher (HCV) Program, the Housing Authority of the City of Milwaukee has contracted with CVR Associates, Inc. to administer the HCV Program, effective January 2, 2025. That said, there will be a few changes implemented immediately.

HACM OFFICE

The HCV Program will continue to operate out of its current location (5011 W. Lisbon Ave.) and maintain the same general phone number (414-286-5650). However, please note:

To ensure a smooth transition, the office will be open for document drop-off only (no in-person assistance) starting Thursday, January 2 and will re-open for full service on Monday, January 13.

New Hours of Operation: Monday – Friday, 8:30 a.m. to 4:30 p.m.

The office will close in observance of the following 2025 Holidays: New Year’s Day, Martin Luther King Jr. Day, Washington’s Birthday, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve (1/2), Christmas Day, New Year’s Eve (1/2).

INSPECTIONS

Rest assured, we are committed to providing efficient and professional inspection services and CVR inspectors will continue to adhere to all federal, state and local housing quality standards. For inspection assistance or questions, please continue to contact the Inspections Department directly at 414-286-5658 or section8inspection@hacm.org.

What's New

To improve customer service, automated emails from 'no-reply@hcvinspect.com' and phone calls from 414-710-2547 will now be sent to remind you of inspection appointments and results. In addition, a new Inspection Portal (hacm.hcvinspect.com) will launch on February 1 that will allow you to check the status of your inspection and review notices online (no need to call, email or come into the office).

In addition, if it is determined that a failed inspection is the responsibility of the property owner/manager, HACM will abate the Housing Assistance Payment (HAP). Meaning, the property owner/manager will no longer receive payment from HACM until the deficiencies have been corrected and the unit passes a re-inspection.

The abatement goes into effect on the first day of the month following the expiration of the corrective period.

Note: The property owner/manager is not entitled to receive Housing Assistance Payments for any period that the unit is in abatement, nor will they receive retroactive repayments for any HAP withheld.

During abatement, the tenant is still responsible for their portion of the rent. However, because the abatement is in accordance with the HAP Contract (the agreement between the property owner/manager and HACM), the family is not liable for this unpaid portion of the rent and therefore, the property owner/manager may not “recover” any abated HAP from the tenant. Furthermore, federal regulations prohibit using HAP abatement as grounds for evicting a tenant.

For units remaining in abatement for 90 days, HACM will terminate the HAP Contract and issue moving papers to the tenant, providing a 30-day notice to both.

HOUSING ASSISTANCE PAYMENTS

In order to streamline operations, HACM will no longer issue paper checks for Housing Assistance Payments as of July 2025. Therefore, if you are a property owner/manager and have yet to set up Electronic Funds Transfer (EFT) to receive payments, please make sure you complete and submit the EFT Request form to HACM no later than May 31, 2025.

In addition, the HCV Program has adopted a new payment processing schedule (click here to view the 2025 calendar). As such, Housing Assistance Payments will be issued on the 1st of every month with adjustments or pro-rated payments issued on the 15th as needed. Note: If the 1st or 15th falls on a weekend or holiday, the payment date will be adjusted accordingly.

Housing Provider Survey from Milwaukee County Housing Services

Mon, 30 Dec 2024 15:00:00 GMT

Milwaukee County Housing Services would like housing providers to fill out their 2025 planning survey:

Take Survey Here

This survey asks for how informed you are about their services, and when you are available for attending online or in-person events in 2025.

ANOTHER UPDATE: BOI REPORTING IS STAYED AGAIN

Sat, 28 Dec 2024 16:38:45 GMT

By: Kirsten Fagerland Pezewski, Pezewski Law Offices, S.C.

December 28, 2024. FinCEN’s website at www.fincen.gov/boi has released another update regarding Texas Top Cop Shop, Inc. v. Garland. According to FinCEN: “as of December 26, 2024, the injunction issued by the district court in Texas Top Cop Shop, Inc. v. Garland is in effect and reporting companies are not currently required to file beneficial ownership information with FinCEN.”

Although a panel of the U.S. Court of Appeals granted a stay of the district court’s preliminary injunction on 12/23/24, and FinCEN posted an alert announcing updated deadlines for reporting companies to file beneficial ownership information, the Court of Appeals has moved quickly and issued an order on 12/26/24 vacating the Court’s 12/23/24 order which granted the stay of the preliminary injunction.

The rapid changes regarding the requirements to report together with FinCEN’s prior announced updated deadline dates illustrate the importance of monitoring the progress of the BOI litigation and ensuring that, if reporting companies are again required to report, they are ready to timely do so.

Because of the harsh penalties for failing to comply with the CTA and reporting requirements (criminal penalties of up to two years of imprisonment and a fine of up to $10,000 and/or civil penalties of $591 per day increased annually by inflation) it’s very important to continue to monitor the status of the Corporate Transparency Act and its reporting requirements, to see if the appeal or other action will again affect the injunction and what happens to the reporting requirements and deadline dates.

Owners of corporate and LLC business entities: Get ready to file!

Fri, 27 Dec 2024 19:00:00 GMT

NOTE: THIS POST HAS BEEN UPDATED BY THE 12/28/24 POST. The Department of the Treasury’s Financial Crimes Enforcement Network is back to enforcing its required Beneficial Ownership Information reporting with slightly delayed deadlines. These filing requirements apply to domestic and foreign corporations and limited liability companies and any other entities created with a filing with a secretary of state or other similar office. Please review FinCEN’s alert at https://fincen.gov/boi to determine the deadlines that apply for each of your business entities and to read the latest official alerts. BUSINESSES FORMERLY REQUIRED TO REPORT BY JANUARY 1, 2025 HAVE UNTIL JANUARY 13, 2025 TO FILE THEIR INITIAL BENEFICIAL OWNERSHIP INFORMATION REPORTS WITH FINCEN.

Recap of HACM's Virtual Meeting 12/11/24

Wed, 11 Dec 2024 16:00:00 GMT

Housing Voucher Status

There's about 300 properties on AffordableHousing.com website posted by landlords
About 100 Section 8 tenants per month are looking for housing so there is more availability right now than demand
HUD is not allowing HACM to issue any more housing vouchers at this time

New Management

Housing Authority Board of Commissioners put the operation of the program to CVR Associates
CVR will take over on January 2, 2025
CVR has interviewed HACM staff and have made offers to some staff to stay on
This is a federally funded program so the current housing contracts will be honored
It is unclear exactly who the contacts for leasing and support will be in 2025
There is still a local office on Lisbon Avenue in Milwaukee for landlords and tenants to go to; the CVR staff will be working out of that office
There are no expected delays in payments to landlords with the new management
The landlord/tenant portal will still be in use and CVR will be evaluating it to see if any changes/upgrades will be made

Update from HACM (Housing Authority of the City of Milwaukee) on Transition to CVR Associates

Mon, 09 Dec 2024 20:30:00 GMT

From the Housing Authority of the City of Milwaukee (HACM):

Dear Housing Partners,

By order of the Housing Authority Board of Commissioners, the HACM Housing Choice Voucher program will be under the new management of CVR Associates beginning January 2, 2025. The voucher program will continue to operate as is: all contracts will continue to be honored, scheduled inspections will continue to occur, all housing payments will continue to be made on the first of each month. A more detailed account of this transition is available at this link on our website.

HACM and CVR are committed to making this transition as smooth as possible. A number of HACM Rent Assistance staff will be staying with the program as it transfers to CVR. Please stay tuned to your email as we will continue to provide updates through this format.

The transition to CVR and any other concerns you may have regarding the Housing Choice Voucher program are open for discussion at this month's virtual meeting on December 11, click the link below to join the meeting.

On behalf of all the Rent Assistance Program staff at HACM, thank you all for your ongoing partnership to provide affordable, quality housing to the voucher families in our community.

Steve Fendt

Landlord Outreach Coordinator

December Virtual Info Session for Section 8 Housing Providers

Wednesday, December 11, 2024 -- 10:00 AM - 11:00 AM

Microsoft Teams meeting

Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 291 278 921 882

Passcode: WUuwKK

Or call in (audio only)

414-251-0392

Phone Conference ID: 252 725 593#

Breaking: Federal Injunction Affects FinCEN Compliance Deadline

Sat, 07 Dec 2024 18:00:00 GMT

By Kirsten Pezewski, Attorney, Pezewski Law Offices, S.C.

FOR NOW, FEDERAL COURT DECISION STOPS JANUARY 1, 2025 FILING REQUIREMENT FOR OWNERS OF CORPORATIONS AND LLCS

Good news for owners of corporations and LLCs that have not yet filed their beneficial ownership information with the federal government. A December 3, 2024 decision by a Texas district court has issued an injunction staying the requirement to report beneficial ownership information. This injunction is currently effective nationwide.

FinCEN has issued an alert stating that reporting companies are not currently required to file their beneficial ownership information and will not be subject to liability if they fail to do so while the injunction is in effect. https://fincen.gov/boi

However, this will likely not be the end of the story. The Department of Justice has already filed a Notice of Appeal on December 5, 2024.

Because of the harsh penalties for failing to comply with the CTA and reporting requirements (criminal penalties of up to two years of imprisonment and a fine of up to $10,000 and/or civil penalties of $591 per day increased annually by inflation) it’s very important to continue to monitor the status of the Corporate Transparency Act and its reporting requirements, to see if the appeal will affect the injunction and what happens to the reporting requirements and deadline dates.

Save 20% on Your Bagster® Bag Collection through 1/31/25

Fri, 06 Dec 2024 14:00:00 GMT

Tribute to Heiner Giese: Celebrating 33 Years of Leadership and Advocacy

Tue, 19 Nov 2024 14:00:00 GMT

With mixed emotions, we announce the retirement of Heiner Giese, the Rental Property Association of Wisconsin’s (RPA) devoted attorney and advocate for property owners for over 33 years. Since the early 1990s, Heiner has led RPA’s legislative and legal efforts, safeguarding the rights of rental property owners and fostering reasonable housing policies in Wisconsin.

Heiner began his journey with RPA alongside then-attorney Bob Smith, ultimately succeeding him when Bob retired. Over three decades, Heiner’s expertise and unwavering commitment have profoundly impacted our organization and the rental housing community.

Legislative Leadership

Heiner played a vital role in shaping local regulations, including lead paint rules, nuisance property ordinances, and property recording requirements, to minimize their impact on responsible property owners.

Between 2011 and 2018, Heiner and the RPA Legislative Committee, in close collaboration with the Wisconsin Realtors, spearheaded six landmark state bills that transformed Wisconsin’s rental laws. These included streamlining the eviction process, prohibiting local eviction moratoriums, restricting rental inspection programs, capping inspection fees, and ensuring owners could represent their LLCs in eviction court. (A detailed summary of these accomplishments will be available.)

These victories created a more equitable legal landscape for rental property owners across the state.

Legal Advocacy

Heiner has been a vigilant advocate for property owners in Milwaukee County Courts, working to ensure compliance with Wisconsin law and fair treatment for landlords.

At the state level, Heiner successfully argued before the Wisconsin Supreme Court to prevent sealing eviction cases after one year and helped secure a pivotal decision affirming owners’ rights to evict tenants for lease violations, such as illegal drug use.

Nationally, Heiner represented private rental owners through the National Housing Provider Coalition, collaborating with groups like the National Association of Realtors and submitting an amicus brief to the U.S. Supreme Court in a case challenging eviction moratoriums. He was the only rental owner representative at two national housing conferences in D.C.

A Legacy of Advocacy

Heiner oversaw RPA’s eviction study, countering anti-owner narratives. He also played a key role in the Milwaukee Rental Housing Coalition, ensuring more effective distribution of COVID Emergency Rental Assistance funds than owners in other areas.

Even as retirement nears, Heiner continues to guide the Association, working closely with his successor, Attorney Kirsten Pezewski, to ensure a smooth transition.

Thank You, Heiner

Heiner’s leadership and advocacy have profoundly shaped Wisconsin’s rental housing landscape and left an enduring legacy for property owners.

Thank you, Heiner, for 33 years of tireless dedication. You will be deeply missed, and we wish you all the best in your well-deserved retirement.

RPA 2024 Board Election Results

Tue, 19 Nov 2024 04:00:00 GMT

By Heiner Giese, RPA Attorney

At the meeting tonight:

Tim Ballering reelected as treasurer and board member by unanimous vote.

For the five board slots the five incumbents were running:

Dawn Anastasi
Marcus Auerbach
Mike Cottrell
Tristan Pettit
Adam McCarthy

There were two write-ins -- Sam Stair and Ken Bartels.

The five successful candidates were Dawn, Marcus, Mike, Tristan and Sam. Adam McCarthy and Ken Bartels were not elected.

The new board now selects the President and four Executive Board members at the next board meeting.

HACM Board Moves Forward With Section 8 Contractor Award

Tue, 12 Nov 2024 14:00:00 GMT

At a special Board of Commissioners meeting on Wednesday, October 30, 2024, the Housing Authority of the City of Milwaukee’s (HACM) Board approved a resolution authorizing staff to finalize a contract with CVR Associates, Inc. to manage and operate its Section 8 Housing Choice Voucher Program.

“I appreciate the Board acting with urgency to approve the award of this contract, allowing us to finalize the contract and begin the transition,” said Willie L. Hines, Jr., HACM Secretary-Executive Director. “CVR is highly qualified, and we believe their expertise will help us complete the required federal corrective actions and return our Section 8 program to high-performer status.”

Read the Full Release Here

The Supreme Court Accepted RPA's Coalition Amicus Brief and Supplemental

Fri, 08 Nov 2024 23:00:00 GMT

The RPA received some good news from the Wisconsin Supreme Court today: Our brief, including the supplement, were both accepted. This is in regards to the Koble case that the RPA has been working on and educating our members on.

This has been a joint effort between the RPA, WRA (WI Realtors Association), the AANW (Apartment Association of Northwest WI), FVAA (Fox Valley Apartment Association), and others.

The RPA and our amazing partners/allies will continue to work on legislative issues like this to help our members (and all rental property owners in WI).

Congrats to Ed Riggenbach of Welcome Home Milwaukee!

Wed, 30 Oct 2024 23:00:00 GMT

At the Landlord Appreciation Event on 10/30/24, hosted by the Milwaukee County Housing Division, Ed Riggenbach of Welcome Home Milwaukee was given an award as a housing provider who has gone above and beyond in the community.

It's great to see an RPA Member being recognized in the community. Congrats Ed!

Reminder: Landlord Appreciation Event

Mon, 28 Oct 2024 13:00:00 GMT

When: Wednesday, October 30, 2024 at 5:00pm

Where: 200 W Pleasant St, Milwaukee WI 53212

This event is sponsored by Milwaukee County Housing Services.

RSVP Here

October Housing Providers Town Hall - TODAY 10:00am

Tue, 22 Oct 2024 14:00:00 GMT

A last-minute announcement from the Milwaukee County Housing Authority.

Topic: Learn about current payment standards and how we determine rent amounts with our Director of Supportive Housing, Damir Djidic.

Microsoft Teams

Meeting ID: 214 491 780 272
Passcode: PTfnnW
Phone: 414-436-3530
Phone conference ID: 711 142 758#

Housing Authorities Around the Country Having Issues

Wed, 16 Oct 2024 14:00:00 GMT

By Dawn Anastasi, RPA Board Member

You may have seen the news that HACM (Housing Authority of the City of Milwaukee) is undergoing issues with running their properties. These issues include delayed maintenance and lost rent payments. HUD, in two letters, notified the agency that its Section 8 bookkeeping contained discrepancies in the millions of dollars and posed a fraud risk.

Recently, HACM has been investigating outsourcing their management to an organization out of Florida.

Read the Article Here for a Recap

What you may not know is that there have been issues with management of Housing Authorities around the country.

Some examples:

Washington, DC

Dismally low public housing occupancy rate (76%)
Occupied units in unsafe or unsanitary conditions

Article from March 2024

East St. Louis, IL

5 major leadership changes since mid-2023
Law violations with appointing board members

Article from June 2024

Atlanta, GA

Units plagued by rodents, roaches, and fire hazards
Units with mold, water damage, and raw sewage

Article from September 2024

St. Landry Parish, LA

Negligence in inspections and day-to-day operations
Housing Authority commissioner removed in September

Article from September 2024

Boston, MA

Residents waiting weeks or months for maintenance
More than 17,000 open maintenance requests

Article from June 2024

Springfield, MA

A grade "F" in a HUD Audit
Failures in the preparation and filing of financial statements

Article from July 2024

Lee's Summit, MO

Months of missed payments to rental property owners
Documents destroyed that should not have been

Article from August 2024

Columbus, OH

Failure to implement controls over inspections
Non-compliance with HUD’s reporting and data collection requirements

Article from July 2024

Tulsa, OK

Late inspections
Residents not receiving rental vouchers
Missed rental payments

Article from September 2024

Houston, TX

Issues with managing project costs
Building on polluted ground

Article from August 2024

Free Fair Housing Training for Rental Property Owners in Waukesha County

Tue, 15 Oct 2024 21:00:00 GMT

You're invited to attend a FREE training seminar for owners and managers of rental housing in Waukesha County.

When: Friday, November 8, 2024, 1pm - 3pm

Where: Pewaukee Public Library, 210 Main Street, Community Room

Seminar topics include:

Local, state and federal fair housing laws
Advertising units in compliance with fair housing law
Non-discriminatory negotiation with prospective tenants
Interacting with current tenants in a fair and legal manner
Reasonable accommodations and modifications for tenants with disabilities

Click Here to Register

Milwaukee Common Council Approves $1.7 Million in ARPA Funded Projects

Tue, 15 Oct 2024 13:00:00 GMT

Today (Tuesday, October 15), a supermajority of the Common Council voted in favor of a package of investments aimed at crisis prevention citywide. Common Council President José G. Pérez and Finance and Personnel Committee Chair Alderwoman Marina Dimitrijevic noted, “The Council sent a strong message today with our actions in support of eviction prevention, homebuyer down payment assistance, housing for LGBTQ+ youth, pregnant mothers in need, youth programming, and affordable housing.”

“We are proud to put forth innovative partnerships aimed at providing aid to our constituents who need it the most. We thank the twelve members who supported this solution-oriented package, and ask the Mayor to sign this community-centric plan so we can put these pandemic relief funds into the hands of our partners and onto our streets as soon as possible,” they continued.

Organizations/projects that were allocated funding include: Concordia 27; Eviction Free Milwaukee; Zilber Family Foundation - The Bridge Project; Courage Milwaukee; Your Move Milwaukee; and the Homebuyer Down Payment Assistance Program.

Landlord Appreciation Event 10/30/24

Wed, 09 Oct 2024 13:30:00 GMT

Landlord Appreciation Event

Milwaukee agencies will highlight programs that work alongside landlords in the fight to end homelessness. Two awards will be presented to outstanding landlords that have gone above and beyond in supporting our community.

Are you a property owner or manager that is interested in taking on tenants with housing vouchers? Come to this event to ask questions directly to the administrators of supportive programs. This free event is open to the public. 

When: Wednesday, October 30, 2024

Time: 5:00 p.m.-6:30 p.m.

Location: United Way JCI Volunteer Center, 200 W Pleasant St, Milwaukee WI 53212

HACM October Update for Section 8 Housing Providers

Fri, 04 Oct 2024 16:00:00 GMT

When:

Wednesday, October 9, 2024
10:00 AM - 11:00 AM

Click here to join the meeting

Meeting ID: 291 278 921 882

Passcode: WUuwKK

Or call in (audio only): 414-251-0392

Phone Conference ID: 252 725 593#

Reminders:

The tenant portion of the rent is proportionate to the tenant’s reported income. When the tenant’s reported income goes up or down, the tenant’s portion goes up or down. If a tenant income goes up $100, tenant’s portion of the rent is going to go up $30, even if the landlord were to lower the rent.

Should the tenant not want to sign rent increase form, you can decide to keep tenant at current rate or give the tenant and HACM a 60 day notice that you will not renew the lease.

Submit rent increases to section8leasing@hacm.org. We are now acknowledging receipt of all documents sent to section8leasing@hacm.org. We will call you if the rent is too high. In the case you don’t hear from us and you do not see new amount reflected in the lease renewal, forward to Stephen.fendt@hacm.org the Rent increase email you previously sent in.

Free Webinar Today - Mastering Reverse 1031 Exchanges: A Buy-First, Sell-Second Strategy

Thu, 26 Sep 2024 13:00:00 GMT

When: Today, September 26, 2024 | 7:00 PM ET (6:00 PM CT)

In this webinar, Theresa Knower, President of Equity 1031 Exchange, covers:

When to consider a reverse exchange
How a reverse exchange works
Funding the purchase
Processing the purchase and sale
What happens after closing
Combining deferred and reverse exchanges to maximize tax deferral
Other key considerations in a reverse exchange

Link to Register

Apartment Rent Fraud Costs Landlords Up to $25,000 Per Eviction

Mon, 23 Sep 2024 13:00:00 GMT

By Erika Morphy, Globe St (Shared Via American Apartment Owners Association)

Apartment rent fraud is rapidly emerging as a major concern for property owners and managers in the real estate industry. This deceitful practice involves applicants using fake documents to misrepresent their financial status, affecting all types of multifamily properties, from affordable units to luxury apartments.

The financial repercussions are significant, with eviction costs averaging between $20,000 to $25,000 per apartment. Despite these high costs, only 17% of multifamily property owners have implemented comprehensive fraud prevention systems, underscoring a critical need for improved measures.

Read the Full Article Here

In a major shift, the U.S. government explores giving renters cash, not vouchers

Thu, 19 Sep 2024 22:00:00 GMT

By Jennifer Ludden, NPR

The Department of Housing and Urban Development is exploring the idea of giving struggling Americans cash aid instead of vouchers. That might seem like an unlikely, bold new move for the federal housing agency — except it turns out that back in the 1970s, HUD was already testing the idea.

Before the cash-aid results were even in, however, HUD launched its voucher program that now serves millions of people. A few years ago, a HUD employee came across the reports from its 1970s tests and wondered whether the idea was worth a new look.

“It’s taken us 50 years to come back to it and really experiment with it once again,” says Solomon Greene, who helps develop policy at HUD.

Read the Full Article Here

Short-term rental owners share concerns over potential city regulations

Tue, 17 Sep 2024 21:00:00 GMT

By Mariam Mackar, TMJ4

There are more than a thousand short-term rental properties in the city of Milwaukee, but a group of small-business owners is worried that some new city rules will put them out of business.

One suggested strategy includes implementing an owner-occupancy rule, meaning the main owner or occupant of the property would have to be present while it is being rented out.

Lisa Loesel, the founder of Short and Suite Home Stay Management, oversees just over 20 short- to mid-term rental properties in the city.

She's part of a local coalition of nearly 30 rental hosts who are worried about these potential future city rules. Loesel says the owner-occupancy rule alone would eliminate most of the rental properties in the city.

Read the Full Article Here

FREE in-person fair housing training seminars for owners and managers of rental housing

Wed, 04 Sep 2024 22:00:00 GMT

The Metropolitan Milwaukee Fair Housing Council is offering free in-person fair housing training seminars for owners and managers of rental housing in the City of Milwaukee:

Saturday, September 21, 2024

10 a.m. – 12 p.m.
East Branch of the Milwaukee Public Library
2320 N. Cramer St.

Friday, September 27, 2024

2 – 4 p.m.
Good Hope Branch of the Milwaukee Public Library
7715 Good Hope Rd.

Monday, September 30, 2024

5 – 7 p.m.
Bay View Branch of the Milwaukee Public Library
2566 S. Kinnickinnic Ave.

Wednesday, October 9, 2024

3 – 5 p.m.
Center Street Branch of the Milwaukee Public Library
2727 W. Fond du Lac Ave.

To register for any of these seminars, visit THIS LINK or call 414-278-1240.

These seminars will include information about the protected classes and prohibited practices delineated by local, state, and federal fair housing laws, as well as reasonable accommodations and modifications for tenants with disabilities.

Attorney Giese's response to "This Is How to Fix the Housing Crisis"

Mon, 02 Sep 2024 22:00:00 GMT

By Attorney Heiner Giese, RPA Legal Counsel

Link to Article from the New York Times

Excerpt from article:

Our next president could do much to unwind America’s housing shortage, which has its roots in regulations enacted by innumerable municipalities. But “not in my backyard” towns won’t start building out of the goodness of their hearts. To unleash enough new building to bring affordability, we need to dust off our history books and remember how this country raised the legal alcohol drinking age. The National Minimum Drinking Age Act of 1984 demanded states raise the minimum age to buy or publicly possess alcohol to 21 — or face a reduction in federal highway funds. The threat of losing such funds is a big stick.

Not all of the NIMBY crowd are mid-to-upper class suburbanites seeking to "preserve and protect" their leafy, single family neighborhoods from an influx of noisy tenants who'd be moving into the newly-built (thanks to zoning changes) 12-family on the corner.

Recent example from Milwaukee's inner city: A typical block might have been built 80 years ago with 10 single family houses on one side of the street. Now perhaps half the houses are gone (maybe all of them if this were Detroit) due to urban blight and housing crash foreclosures. Affordable housing advocates have proposed putting a 12-family on one of the corners where two duplexes used to stand. It would be by a non-profit developer using some govt grants.

Waaait a minute!! Say the owners of the remaining houses next to that vacant site. Go gentrify somewhere else! The local alderman is now also opposed. The story hits the news.

The sad truth is that new RENTERS are often not welcomed by existing HOMEOWNERS. Another example of that is the proposal to prevent investors from buying single families to rent out. They're destroying the American dream of home ownership! Let the renter who otherwise might occupy one of Blackrock's investment single families move in to a nice, new 12 family -- the one on a bus line being built on the vacant lot behind the new Walmart.

New Freddie, Fannie Tenant Protections For Multifamily Properties

Thu, 29 Aug 2024 22:00:00 GMT

Freddie Mac and Fannie Mae have announced new tenant protections for residents in multifamily properties with mortgages backed by the two Government-Sponsored Enterprises (GSEs), according to a release from the Federal Housing Finance Agency (FHFA).

The new multifamily lease standards policy requirement starting February 28, 2025 will require borrowers with new Enterprise-backed financing to provide residential tenants the following three minimum standards which will be included in all residential leases at properties for which applications for new loans are signed on or after the effective date.

The new multifamily least standards are:

30-Day Notice of Rent Increases: Written notice of a rent increase at least 30 calendar days prior to said increase
30-Day Notice of Lease Expiration: Written notice of the scheduled expiration of the residential lease at least 30 calendar days prior to said expiration
5-Day Grace Period for Late Rent Payments: A minimum five calendar day period from the rent due date before late fees or other penalties can be charged, e.g., if rent is due on the 1st day of the month, a late fee cannot be charged until the 6th day of the month if rent is still unpaid.

Read the Full Article Here

FAQ

August Housing Providers Town Hall Presented by the Milwaukee Metropolitan Fair Housing Council

Wed, 21 Aug 2024 13:30:00 GMT

Topic: Fair Housing & Mobility: Expanding Housing Options

When: Tuesday, August 27, 2024 at 10:00am

Learn more about the benefits of mobility programs. Presentation by the Milwaukee Metropolitan Fair Housing Council

Microsoft Teams

Join the meeting with this link

Meeting ID: 214 491 780 272

Passcode: PTfnnW

Dial in by phone

+1 414-436-3530,,711142758# United States, Milwaukee

Phone conference ID: 711 142 758#

Landlord FAQs from HACM (Housing Authority of the City of Milwaukee)

Mon, 12 Aug 2024 13:00:00 GMT

Posting a Property

We direct all voucher families and potential housing providers to visit:

https://www.affordablehousing.com/

Please consider listing your available units here. You have to register an account, but you are able to list your units for free.

Rent Increases

Rent Increase Form

The tenant portion of the rent is proportionate to the tenant’s reported income. When the tenant’s reported income goes up or down , the tenant’s portion goes up or down. If a tenant income goes up $100, tenant’s portion of the rent is going to go up $30, even if the landlord were to lower the rent.

Should the tenant not want to sign rent increase form, you can decide to keep tenant at current rate or give the tenant and HACM a 60 day notice that you will not renew the lease.

Submit rent increases to section8leasing@hacm.org. We are now acknowledging receipt of all documents sent to section8leasing@hacm.org. We will call you if the rent is too high. In the case you don’t hear from us and you do not see new amount reflected in the lease renewal, forward to Stephen.fendt@hacm.org the Rent increase email you previously sent in.

New Contracts

After a unit passes inspection, the file gets sent to a HACM lease and contract specialist to draw up lease amendment and HAP contract. Normally this should take no more than two weeks. However, if a tenant's income has not been verified within the last 120 days, the contract will be held until we are able to obtain the tenant's current income verifications.

Tenant Accountability

If a tenant is violating the lease agreement or not paying their portion of the rent, provide section8leasing@hacm.org a copy of the 30 day notice you give to tenant to and we will send the tenant a Warning letter.

Landlord Portal

Through the Landlord Portal you are able to access real time information from our system regarding inspections, payments and lease information. Please register if you have not yet done so. You will need a registration code to register, send Stephen.fendt@hacm.org your name and the last four of your tax id, and we will get the code to you.

August Virtual Info Session for Section 8 Housing Providers

Fri, 09 Aug 2024 13:00:00 GMT

Wednesday, August 14, 2024

10:00 AM - 11:00 AM

Microsoft Teams meeting

Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 291 278 921 882
Passcode: WUuwKK

Or call in (audio only)

414-251-0392,,252725593# United States, Milwaukee
Phone Conference ID: 252 725 593#

Community Advocates Pause on New Direct Rent Assistance Applications

Thu, 08 Aug 2024 12:00:00 GMT

Due to the extremely limited availability of general rental assistance, Community Advocates will pause accepting new direct-aid rental assistance applications effective August 8, 2024.

Tenants will still be able to apply if they are facing:

A placard
A fire or domestic violence situation
Residency in a Zilber Family Foundation Initiative Neighborhood:
- Lindsay Heights (ZIP codes: 53205 and parts of 53206)
- Clarke Square (ZIP code: 53204)
- Layton Boulevard West (ZIP code: 53215)

The Milwaukee Rental Housing Resource Center will continue to offer assessment and eviction prevention resources, including referrals for mediation, conditions issues and case management.

Amended Final Order on CCAP

Wed, 31 Jul 2024 22:00:00 GMT

The Supreme Court decision was amended. The change appears to better support open access.

The revision is the red text as shown below:

(c) 10 years from date of entry of final order or judgment for all eviction cases where a writ of restitution was granted against the defendant and no money judgment was entered;

HACM Will Close Section 8 Housing Choice Voucher and Public Housing Waiting Lists August 1, 2024

Fri, 26 Jul 2024 13:00:00 GMT

The Housing Authority of the City of Milwaukee (HACM) will close its Section 8 Housing Choice Voucher and Public Housing waiting lists on August 1, 2024 at 4:00 pm CDT. Applications will be accepted at waitlist.hacm.org through August 1, 2024 at 3:59 pm CDT.

HACM will continue to accept applications for its Project-Based Voucher program and its unsubsidized properties.

The demand for housing assistance far exceeds the funding provided by the U.S. Department of Housing and Urban Development. As a result, there are currently thousands of people on HACM’s Section 8 Housing Choice Voucher and Public Housing waiting lists. Closing these waiting lists will help make the lists more manageable and give applicants more realistic expectations about how long they might wait before being selected.

Applicants on HACM’s waiting lists must keep their information current so HACM can reach them when they are selected. If HACM is not able to reach an applicant, they will be removed from the waiting list.

An announcement will be made when the Section 8 Housing Choice Voucher and Public Housing waiting lists reopen. HACM announces waitlist openings via a public notice, its website hacm.org, social media, and press releases.

Economists Reject Biden-Harris Rent Control Plan

Thu, 25 Jul 2024 17:00:00 GMT

By Ryan Bourne and Sophia Bagley, CATO Institute

We recently examined a damning meta-analysis of the effects of rent control laws. Last week, we warned that Joe Biden’s proposal to cap rent increases of corporate landlords at 5 percent per year would have some of these deleterious consequences.

Well, a new survey for the Kent A. Clark Center for Global Markets confirms this is all received wisdom among academics. We don’t need to analyze the results in detail here because the aggregated responses of the 45 economists are crystal clear in their conclusions.

Economists overwhelmingly think the Biden-Harris plan wouldn’t make Americans better off or reduce inequality, but would substantially reduce the supply of properties available for rent.

Read Full Article Here

Milwaukee County Housing Providers Town Hall

Mon, 22 Jul 2024 13:00:00 GMT

From Milwaukee County Housing Services (includes Milwaukee County Rent Assistance).

This month, meet our Housing Navigation team!

Join us on the 4th Tuesday of every month for a virtual presentation, followed by Q&A. This month's meeting is Tuesday, July 23rd at 10AM.

Microsoft Teams meeting

Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 238 438 212 252
Passcode: MNLVRW

Or call in (audio only)

+1 414-436-3530,,521306523# United States, Milwaukee

Phone Conference ID: 521 306 523#

White House Expected to Announce Nationwide Rent Control Policy

Tue, 16 Jul 2024 22:30:00 GMT

By Bob Pinnegar, CAE President and CEO of the National Apartment Association

You are probably aware of President Biden’s comment about rent control at his press conference following the NATO Summit last week. It was picked up by CNBC on Friday, July 12 with a segment that I participated in with former Governor and 2004 presidential candidate Howard Dean.

The rumors about an announcement of a nationwide rent control policy have continued to swirl around DC over the weekend. Today at 2:30 p.m., the Washington Post reported in the article reproduced below that on Tuesday, July 16, at a campaign stop in Nevada, the White House will be announcing that if reelected Biden will call for a 5% annual rent cap annually.

It appears that the intention is to tie the ability to depreciate assets to compliance with this new policy. According to the Post, the administration has declined to comment, which is consistent with our efforts to verify the rumors. Such an action would require action by Congress and would likely face an uphill battle. In my opinion, it is reflective of how desperate the President and his campaign staff are to reset the dialogue away from fitness for office to policy, no matter how outrageous it is.

We are prepared for the release of President Biden’s proposal and will issue a press release under the Housing Solutions Coalition (note that NAA is mentioned in paragraph 13 of the article below as an HSC member) as well as through our NAA channels tomorrow after the announcement. We will also insert it in the Industry Insider newsletter which has our highest readership if the timing permits. Now that this is in the public arena, I anticipate that Lester Holt will ask about it during the one-on-one interview that he is having with the President tonight. I anticipate that tomorrow will be a busy news day for us here at NAA and across the real estate industry.

10 Unintended Consequences of Rent Control Policies

Rental Property Registration Form - City of Milwaukee

Tue, 16 Jul 2024 22:00:00 GMT

By Atty Heiner Giese

I was told today by a staff member of the DNS Milwaukee's Rental Property Registration office that the form DNS-8, which is used to register a change in ownership of rental property, no longer needs to be notarized.

This is due to a change in state law eliminating the need for a notary on most court and government forms.

The form has not yet been updated but the staffer said the box for notarization of the owner's signature could simply be left blank.

FHFA rules

Mon, 15 Jul 2024 14:00:00 GMT

By Attorney Heiner Giese

Dawn Anastasi, RPA Board member, alerted us to this announcement about new “tenant protections” by the Federal Housing Finance Agency (FHFA).

These tenant protections apply to multifamily properties where the loan application was submitted after the policy effective date, February 28, 2025. So it would not apply to owners who have existing federally-financed mortgages.

Note in particular the provision requiring a 5-day grace period for rent payments. Owners will not be allowed to charge a late fee during this grace period. This is also going to affect Wisconsin law regarding 5 and 14 day notices for nonpayment. For example, assume the lease says rent is due on the first. Assume the owner has a clause imposing a late fee after the 5th.

Say the tenant hasn’t paid for July, the owner has let it slide without issuing a 5-day notice and now August 1st rolls around without a payment and the owner wants to do a 5-day notice and then go ahead promptly with an eviction filing.

The owner will have to wait until August 6 to issue the 5-day.

If the tenant is month-to-month the 14 day notice without a right to cure is always effective where the tenant has behavior problems or is chronically late and the owner just wants them to move – a 14 day notice could be used effectively as of the 2nd or 3rd day of the month if no rent was paid. But now owners would have to wait at least 5 days before serving the 14 day notice.

Finally, if an owner has a per diem type of late fee, the first 5 days of delinquency couldn’t be charged.

New Requirements for Multi-Family Properties with Fannie/Freddie Financing

Fri, 12 Jul 2024 22:00:00 GMT

The Federal Housing Finance Agency (FHFA) today announced a set of required tenant protections for multifamily properties financed by Fannie Mae and Freddie Mac (the Enterprises).

Covered housing providers will be required to provide tenants with the following:

30-day written notice of a rent increase
30-day written notice of a lease expiration
5-day grace period for rent payments

These protections will be required for new loans signed on or after the policy effective date, February 28, 2025.

Read the Full Article Here

HACM July Info Session for Section 8 Housing Providers

Mon, 08 Jul 2024 20:00:00 GMT

If you are a housing provider that rents to tenants using Rent Assistance from HACM (Housing Authority of the City of Milwaukee), this session is for you:

Wednesday, July 10, 2024

10:00am - 11:00am

Microsoft Teams meeting

Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 291 278 921 882
Passcode: WUuwKK

Or call in (audio only)

+1 414-251-0392,,252725593# United States, Milwaukee
Phone Conference ID: 252 725 593#

Milwaukee's First Landlord-Tenant Summit

Sat, 29 Jun 2024 22:00:00 GMT

By Dawn Anastasi, RPA Board Member

Today I attended the first ever Milwaukee Landlord-Tenant Summit. It was held at the Community Advocates building on James Lovell St. If you have never been to this building, it houses not only Community Advocates, but also Legal Aid, and the Rental Housing Resource Center.

The meeting was lead by Ericka Crowley, the Rental Housing Quality Assurance Manager for Community Advocates. There was a mixture of landlords, tenants, and case workers in attendance at this summit.

The short meeting included the following discussion:

A small quiz to test knowledge of landlord-tenant law
Information about a series of training videos for tenants that are being developed
Discussions among the parties about issues with housing

One focus of the meeting is the message that all parties involved in housing should be in the discussion, including landlords. Too often, rental property providers have been left out of the discussion, and it's a step forward to see that we are being included.

Milwaukee receives $2 million federal HUD grant to increase affordable housing

Wed, 26 Jun 2024 22:00:00 GMT

The city has been awarded $2.1 million in grant funding from the U.S. Department of Housing and Urban Development (HUD). This grant is part of an $85 million dollar investment from the Biden Administration in what officials are calling a first-of-its kind program.

Milwaukee is one of 21 cities awarded funds. "Among the steep competition, the city of Milwaukee's application stood out," said Marion McFadden, HUD Principal Deputy Assistant Secretary.

Officials said the grant will help Milwaukee provide subsidies to builders to develop vacant lots and abandoned buildings.

Read the Full Article Here

Local WI Real-Estate Related News

Tue, 25 Jun 2024 13:00:00 GMT

Eviction Free MKE offers free legal help to residents facing eviction, but it’s set to end without funding

Kohler says both United Way and Legal Aid are working hard to secure more funding to keep the program running after this year. The pilot program is funded by American Rescue Plans Act funds and a $1.5 million gift to United Way from the Mackenzie Scott Foundation.

Read the Full Article Here

Note: Per the Eviction Study conducted in December 2019, the RPA found that the majority of eviction cases were due to unpaid rent. Matthew Desmond, the author of "Evicted" also came to the same conclusion.

Tim Ballering wrote a blog post at the beginning of the year regarding Eviction Diversion programs and how they harm good tenants.

Milwaukee Apartment Listing is Part of Nationwide Rental Scam

According to the FBI's 2022 internet crime report, 11,727 people in the U.S. reported falling victim to a real estate investment or rental fraud scam in 2022, losing a total of almost $400 million.

Read the Full Article Here

Wisconsin Supreme Court Adopts Landlords' position on Eviction Record Retention

Tue, 18 Jun 2024 19:30:00 GMT

By Atty Heiner Giese

The Wisconsin Supreme Court today issued it’s long-awaited ruling (Rule Petition 22-03) on how long eviction case records should remain available to public view via online access to court records.

The Court rejected the petition of Legal Action of Wisconsin for only a one-year retention and accepted the proposal of the Rental Property Association of Wisconsin and other landlords: 2 years retention if no money judgment entered and 10 years if a writ of restitution was granted.

The dissent by Justice Hagedorn (joined by CJ Ziegler and J. Rebecca Bradley) says a change to open records should have first been vetted by the Court's own CCAP committee and there should have been more consideration as to how restricting access to eviction filings is going to affect the business practices of landlords -- who are entitled to know the prior rental history of tenant applicants and will pass on the costs of more difficult screening to other tenants (J. Hagedorn does not say it, but an example of this is landlords requiring a double security deposit because they can't be sure if an applicant had prior evictions and is thus not a good risk).

The Order's effective date is delayed for one year to July 1, 2025 but the current law found in Wisconsin statute section 758.20 -- which requires no less than a 2 year retention for evictions where no money judgment was docketed and 10 years if a writ of restitution was issued -- was acknowledged by the Supreme Court and should continue to apply. Legal Action of Wisconsin had urged the court to overrule that statute and make its own rules but the court specifically declined to do so.

Milwaukee County LIFT Program - Meeting Recap

Tue, 18 Jun 2024 16:30:00 GMT

By Dawn Anastasi, RPA Board Member

Today Milwaukee County Housing Services had a meeting regarding their new LIFT Program.

What is LIFT?

LIFT stands for "Landlord Incentives to Foster Tenancy". LIFT was launched on June 1, 2024 to address the soaring demand for rental housing in the Milwaukee County.

LIFT was created based on feedback from landlords, including feedback from an RPA survey from 2021. Yes, the feedback from RPA members helped this program!

The Housing Authority heard from rental property owners reasons why Rent Assistance was not considered. One of those reasons is that it is very difficult (if not impossible) to collect monetary damages from program participants for damages to rental units.

What are the Benefits to Rental Property Owners who Enroll in the LIFT program?

Damage reimbursement up to 3x the contract rent
Vacancy loss reimbursement up to 1x the contract rent
New member bonus: Get $500 when you lease to a referred LIFT household using rental assistance for the first time
Referral Bonus: Receive $250 for each owner/manager you refer who leases to the LIFT household with rental assistance for the first time. $100 bonus for each additional referral beyond the first.
Dedicated rental owner support team
Ability to list vacancies with the LIFT website.

How Does an Owner Join the LIFT Program?

1) Fill out a Membership Agreement on the LIFT website.

2) Fill out the Property Intake Form for each property you're entering into the LIFT program.

After the short presentation by Alexi Millard and Connor Goggins of Housing Services, they opened the session up to a Q&A. Here are some of the questions asked/answered:

Can claims for damages be made DURING tenancy instead of just at the end?

Yes, the LIFT program website allows for submitting claims for tenant damage made during tenancy. The rental property owner can submit photos, and/or an inspector can come out to verify damage. The owner will need to get a minimum of 2 bids for work and submit verification of actual expenses (receipts, invoices, etc). Damages can include that caused by the tenant, their pets, and/or their guests.

Does the LIFT program cover existing Milwaukee County Rent Assistance tenants?

No, this program is only for NEW tenants signed as of June 1, 2024. If an existing tenant is having trouble paying their rent, they can be referred to the Eviction Prevention Program which provides financial assistance payments to landlords.

Does Milwaukee County Housing Services have an open wait list for vouchers?

No, the wait list is closed. Milwaukee County Housing Services has other programs besides Rent Assistance and these include MyHome and Rapid Rehousing.

Milwaukee County has one of the lowest vacancy rates in the country due to a shortage of rental units. 70% of people leaving homelessness need a studio or 1 bedroom unit, so these unit sizes are especially in demand.

Where can a rental housing provider find out more about the Milwaukee County Housing Authority Section 8 program?

Please see a link to the 54-page PDF here.

If you were not able to attend today's session and have more questions, please post a comment to this post. The Milwaukee County Housing Authority will also have additional informational sessions to be held virtually for those who cannot make it out in person.

ATTENTION LANDLORDS: Wisconsin Court of Appeals case of Koble v. Marquardt Is Now Law

Thu, 13 Jun 2024 13:00:00 GMT

Tristan R. Pettit just added a very important post to his blog regarding one of the biggest, if not the biggest, issues facing landlords in the last 30 years.

Read the Blog Post Here

In summary: if a landlord has a provision in its rental agreement, which includes any rental documents as they are incorporated into the rental agreement, that violate any of the “10 Deadly Sins,” the landlord must return all rent that it received from the tenant during the tenant’s entire tenancy.

(The “10 Deadly Sins” are illegal rental agreement provisions as set forth in Wis. Stat. § 704.44.)

Essentially, because of something that may not even have been intentional by the landlord, the tenant will get to live in the landlord’s rental property for free for the tenant’s entire tenancy, even if the tenant was not damaged because of the prohibited language in the rental agreement.

HACM June Info Session for Section 8 Housing Providers

Mon, 10 Jun 2024 13:00:00 GMT

Do you have tenants with the City of Milwaukee Housing Authority (HACM)? Are you interested in learning more about renting out units to Rent Assistance tenants? This is a Q&A session with the Housing Authority to get your questions answered.

Virtual Info Session for Section 8 Housing Providers

Wednesday, June 12, 2024

10:00 AM - 11:00 AM

Microsoft Teams meeting

Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 291 278 921 882

Passcode: WUuwKK

Or call in (audio only): 414-251-0392

Phone Conference ID: 252 725 593#

Koble Court of Appeals Case Becomes Law

Sat, 01 Jun 2024 23:00:00 GMT

By Attorney Tristan R. Pettit

This is a long blog post, but I sincerely hope that you take the time to read it all the way until the end. It is very important that you know what you will be facing soon. This may be one of the biggest, if not the biggest, issues facing the residential rental industry in the last 30 years that I have been a practicing attorney representing many of you.

The Koble Investments case (“Koble”) which is a Wisconsin Court of Appeals case from District III, was published this week and is now law in the State of Wisconsin. The Court’s holding in Koble is that if a landlord has a void lease (i.e., the lease contains one of the “10 Deadly Sins” as set forth in Wis. Stat. § 704.44) the remedy is for the complete disgorgement of all rent previously paid to the landlord.

Stated another way, if you have a provision in your lease that violates any of the “10 Deadly Sins” as set forth in Wis. Stat. 704.44, your lease is void and unenforceable, and you must now return all rent that you received from the tenant during the tenant’s entire tenancy.

As you can imagine, this remedy could completely wipe out small to mid-size landlords in Wisconsin and if many tenants in a large rental complex come together to sue a larger landlord seeking reimbursement of all rent paid or join in a class action lawsuit against a larger landlord, they too could be seriously damaged.

While the landlord in the Koble case will be petitioning the Supreme Court of Wisconsin to accept and decide this case and hopefully overturn the Court of Appeals, the Wisconsin Supreme Court only accepts a limited number of cases each year and is not obligated to take the Koble case. Additionally, the landlord in Koble at both the circuit court level and at the Court of Appeals level did not raise the best argument available to him which was that if your lease is void, it automatically defaults to a month-to-month tenancy per Wis. Stat. 704.01(2) and therefore the tenant must still pay the landlord rent and that the landlord should not be required to return all rent received from the tenant throughout the tenant’s tenancy.

Additionally, the landlord in Koble also waived the argument that having a void lease, which can occur unintentionally, is not the same as an auto repair shop failing to obtain a customer’s permission to repair damage in the customer’s car and provide an estimate of the cost of that repair to the customer prior to commencing the repair work (which is what the same Wisconsin Court of Appeals held in an unpublished case in 2023). Furthermore, the landlord in Koble, failed to develop an argument against the remedy of returning all rent received during the entire tenancy back to the tenant and failed to advise the court that such a holding would decimate a large part of the residential rental industry in Wisconsin.

Since the above arguments were not raised by the landlord in Koble, or were waived, those arguments are essentially lost and cannot be raised by the parties. Thus, the burden falls on the various Landlord Trade Associations throughout the state to take action and provide this information and raise these arguments to the Wisconsin Supreme Court by filing an amicus (“friends of the court”) brief requesting that the Wisconsin Supreme Court accept the case and render a just decision based on the actual law before permanently damaging the residential rental industry in the state.

The publication of the Koble case is very detrimental to all Wisconsin landlords because tenants and their attorneys will now have an even greater reason to argue that all rental leases that they have entered into with their landlord or property management company in the last six (6) years are void and contrary to Wis. Stat. § 704.44.

Tenants have no reason not to raise such an argument every chance they get, because if they prevail, they will receive a windfall of several thousands of dollars and have been able to live for free for months if not years. And if they are not able to convince the court to rule in their favor, their case is just dismissed and there is no penalty to the tenant.

So, I anticipate that we will see even more tenants trying to attack landlords’ rental documents arguing that they are void then we have already encountered since May of 2023. Because of such arguments, I have had to revise the rental agreement and other rental documents that I draft for Wisconsin Legal Blank two times in the last year, just to be safe, not because I think that they contain any language that violates any of the “10 Deadly Sins.”

I have made the revisions to protect you as it is always better to be safe than be sorry. You must ensure that you are using the most current version of both the Residential Rental Agreement and the Rules and Regulations form that I draft, and which are sold at Wisconsin Legal Blank, which are dated October 20, 2023. The most current Nonstandard Rental Provisions document, which I also revised out of an abundance of caution, is dated March 4, 2024.

No one can foresee what arguments will be made by tenants against their landlord’s rental documents in the future, but rest assured, the arguments will come. It may be necessary for you to have your rental documents reviewed and revised to ensure that you do not have any language that violates any of the “10 Deadly Sins” as set forth in Wis. Stat. § 704.44.

Just as important, if you happen to be on the wrong end of one of these cases and the tenant is arguing that your rental documents are void and unenforceable and that you should be required to return all rent that the tenant has paid to you during their entire tenancy, please make sure to contact the Rental Property Association of Wisconsin, Inc. or your local landlord trade association.

Also make sure that you retain an attorney to represent you that understands and is knowledgeable about Wisconsin landlord-tenant law as there are arguments and defenses that can and should be raised that unfortunately were not raised in Koble.

No Need to be Swearing!

Wed, 29 May 2024 15:30:00 GMT

By Attorney Heiner Giese, RPA Legal Counsel

You won’t need to use a notary public anymore when filing documents in court such as an affidavit of service for a notice terminating tenancy or a process server’s affidavit regarding service of a summons and complaint. The current requirements for a “declaration under oath” were replaced effective March 29, 2024 by 2023 Wisconsin Act 245. Here is an explanation from the State Bar of Wisconsin:

The new legislation permits unsworn declarations to be used in place of affidavits in most civil litigation settings. Specifically, the law amends Wis. Stat. § 887.015. The new law provides that the unsworn declaration must be in substantially the following form:

I declare under penalty of false swearing under the law of Wisconsin that the foregoing is true and correct.

Signed on the ___ day of _______[month], ____ [year], at __________ [city or other location, and state or country].

The newly enacted version of § 887.015 provides that where the law of Wisconsin requires or permits use of a sworn statement (e.g., a notarized affidavit), a declaration under penalty of false swearing may be used instead. The statute identifies five exceptions where an unsworn declaration may not be used, including for a deposition, an oath of office, or a deed or other real estate instrument intended to be recorded.

The RPA will contact Milwaukee City Attorney Evan Goyke to ask for changes to City forms now requiring a notarization, such as the Property Registration forms.

Proposed Law would make Illinois Landlords Guilty Unless Proven Innocent

Tue, 28 May 2024 13:00:00 GMT

HB4768, The Landlord Retaliation Act, is working its way through the General Assembly.

The purpose for the legislation is to prevent a landlord from retaliating against a tenant who complains about property conditions. That behavior is already prohibited by law, but the advocates of this bill feel the existing law doesn’t sufficiently punish landlords.

Among a list of triggering actions, the new version states that if a tenant simply requests a repair then a landlord is prohibited from making management decisions like raising rent, refusing to renew a lease or change any term of service for one year after that request is made.

This is not limited to major maintenance problems. Almost every request for repair could trigger the prohibition. Multiple maintenance requests within a year are not uncommon, so the liability of this bill will often be continuous.

The biggest problem with the bill is a presumption that the landlord is guilty of retaliation if they make any of the prohibited management decisions within the year after the request for maintenance is made.

Read the Full Article Here

Save 20% on Your Bagster® Bag Collection

Fri, 24 May 2024 17:00:00 GMT

Landlord Incentives to Foster Tenancy Informational Meeting

Tue, 21 May 2024 15:30:00 GMT

Learn about Milwaukee County Housing Services new program called LIFT (Landlord Incentives to Foster Tenancy).

When:

Tuesday, June 18th at 10:00am

Where:

Milwaukee County Housing Services

600 W Walnut St #100

Milwaukee, WI 53212

How to RSVP:

Email alexi.millard@milwaukeecountywi.gov

HUD Announces $30 Billion Investment to Keep American Families Housed

Fri, 17 May 2024 13:00:00 GMT

The U.S. Department of Housing and Urban Development (HUD) announced $30 billion in renewal funding for the Housing Choice Voucher Program (HCV). This funding will help Public Housing Authorities (PHAs) continue to provide assistance to families and individuals who are in need of affordable housing options.

[Note: The Housing Authority of the City of Milwaukee is set to receive over $39 million.]

Read the Full Article Here

Mass Appraisal 101

Mon, 13 May 2024 17:00:00 GMT

By Samuel A Walker, City Assessor

What is Mass Appraisal?

Definition: Mass appraisal is the process of valuing a large number of properties simultaneously.
Purpose: To determine property values for taxation, assessment, or other purposes (ex. TIF values).
Scope: Typically used for entire neighborhoods or communities.

Why Use Mass Appraisal?

Efficiency: Faster and cost-effective compared to individual appraisals.
Fairness: Ensures equitable property valuation.
Consistency: Provides consistent valuations for similar properties.
Timeliness: Enables regular assessment updates.

See Full Document Here (PDF)

Next RPA Landlord Boot Camp

Fri, 10 May 2024 17:00:00 GMT

Did you miss the last RPA Landlord Boot Camp in April? Are you wondering when the next one will be so you don't miss out again?

Or are you like the attendees who attended a Boot Camp, and want to take the next one to make sure you keep your skills sharp?

Or are you the like the attendees who completed a Boot Camp maybe a year or two ago and really want to "sharpen the pencil"?

Don't worry! The RPA is working on scheduling the next Landlord Boot Camp for November. So stay tuned!

HUD issues Fair Housing Act guidance on AI use

Thu, 02 May 2024 17:00:00 GMT

The U.S. Department of Housing and Urban Development (HUD) on Thursday announced new guidelines that aim to apply the provisions of the Fair Housing Act to the use of generative artificial intelligence (AI) in the realm of housing.

HUD released separate pieces of guidance aimed at applying Fair Housing Act provisions to two key areas of concern in which AI use could impact the fair application of housing services: the tenant screening process and “its application to the advertising of housing opportunities through online platforms that use targeted ads,” HUD said in its announcement.

Read the Full Article Here

Milwaukee property assessments going up across the city. What to know about value and property taxes

Tue, 23 Apr 2024 21:00:00 GMT

How much did assessments increase in Milwaukee in 2024?

All of the city's 15 aldermanic districts saw assessments rise, though there was quite a range in terms of how much they increased, according to the Assessor's Office.

At the high end, the assessed value of residential property increased 26.85% in District 1 on the city's north side, while District 4 that encompasses much of downtown and the near west side saw the smallest increase at 14.02%.

The range depends on the neighborhood and should generally be aligned with other comparable homes in the area.

Is it possible for an assessment to increase without any upgrades being made to the home? If so, how?

Yes. Assessments are based on a comparison of homes to similar ones that have sold over the past year. Thus, property owners can see values go up even if they have not made improvements — and even if they don't intend to.

What is a 'maintenance year' for property assessments and what does that mean for 2024?

Last year was a "maintenance year," when assessments from 2022 were used and values were updated "when changes warrant," according to the Assessor's Office website. Changes could include new construction, changes in parcel size, remodeling, demolition and more. They do not necessarily result in a change in value.

In a "revaluation" year like 2024, assessed values for most properties will change.

"In a revaluation, the assessor looks at the prior years' sales to update assessments citywide, in addition to the property changes and corrections reviewed for a maintenance assessment," the website states.

How can you appeal your assessment?

Property owners in Milwaukee have until 4:45 p.m. on May 20 to file an appeal of their assessments.

The first step to filing an appeal is to contact the Assessor's Office.

The Assessor's Office can be reached:

Online at https://city.milwaukee.gov/assessor
By email at assessor@milwaukee.gov
Phone from 8 a.m. to 4:45 p.m. Monday through Friday. Questions about appeals and assistance can be directed to 414-286-6565. The Assessor's Office general phone number is 414-286-3651.

The second step is to request an appeal form and return it by 4:45 p.m. on May 20.

The office recommends that evidence be submitted with appeals. For residential property owners, that could be a copy of a recent appraisal, recent market analysis from a local real estate agent, photos of the inside or outside of the home showing areas that need maintenance, and photos showing features that weren't part of the home as of Jan. 1 of the current year but that are listed on the Assessor's Office's property record card.

Read Full Article Here (Milwaukee Journal Sentinel)

Wisconsin Supreme Court rules on CCAP eviction records

Tue, 16 Apr 2024 16:30:00 GMT

The Wisconsin Supreme Court rejected Legal Action’s bid to make eviction judgments disappear in one year instead of the statutory 10-year retention period.

The industry and good renters owe a large thank you to Attorney Heiner Giese (RPA - Rental Property Association of Wisconsin), Rick Van Der Leest of the Green Bay and Appleton Associations, and Chris Mokler of the Wisconsin Apartment Association for making this happen. Heiner and Rick received mention by the Court at the hearing today.

Heiner’s comments:

Follow the statute: if no money judgment is docketed, then the case goes off CCAP after two years; if a writ was issued then the record is searchable for 10 years. Our goal has always been to encourage nonpaying tenants to move voluntarily, so landlords can dismiss a case without the trauma (for both parties) of having the sheriff do a forced moveout.

Virtual Info Session Recap for Section 8 Housing Providers

Wed, 10 Apr 2024 16:00:00 GMT

By Dawn Anastasi, RPA Board Member

The Housing Authority of the City of Milwaukee has been holding monthly virtual meetings always on the 2nd Wednesday of the month from 10 am-11 am CDT.

Rent Increase Forms

One reminder in the session email is that starting March 1, 2024, they no longer mail out rent increase forms. You can obtain a rent increase form on their website. They are counting on you to be proactive and to monitor your HACM tenant lease ending dates so you know when future rent increase forms are due. Return completed rent increase forms to section8leasing@hacm.org no less than 90 days prior to the lease end date.

The Housing Authority Process

A reminder on the call that there are only so many Housing Vouchers. People need to apply, then get selected from a waiting list. Applicants need to prove that they are income eligible. HACM's waiting list has been open since December 2021. There are about 15,000 people on the waiting list.

Once someone is selected, they go through a background check, an income eligibility check, and a assets check. Once someone passes these checks, the applicant is issued a Housing Voucher which is valid for 120 days. The tenant can then look for housing. The applicant can pay no more than 30% of their income on housing, including utilities. HACM will pay the rest.

Once a tenant applies for a rental unit, HACM does a rent reasonableness check, and does an inspection on the unit to ensure it is safe and functional.

Today's Session

Today's session was the sixth such virtual session and focused on an open forum for questions from Housing Providers. Here are some of the questions asked:

Q: When can we see housing contracts on the HACM portal?

A: We are working with the software company at this time. We hope to have it available in the next 6 weeks.

Q: I have a S8 tenant in a duplex unit. The other unit in the building is becoming available shortly and the S8 tenant wants to move to the other unit. Can I allow that? Do we end the current lease and start a new one and redo the entire process?

A: Yes, both tenant and landlord need to sign a mutual lease/HAP termination form. The new unit would need to be inspected before the transfer.

Q: I have tenants that can't complete recertification online. Many of my tenants don't have computers or printers. Can they still receive the paper recert packet?

A: No. It is required to be completed online. We will be having open computer labs on Wednesdays from 10 am - 12 pm and 2-4 pm going forward.

Q: Is there a way that Housing Providers can get an email reminder for renewal dates from the HACM portal?

A: HACM is looking for an answer on this from the software provider. Email reminders are not currently available. Housing Providers need to go to "Unit Info" on the HACM portal and check the "Re-exam Date". Subtract 3 months from that date and that is the date to get the rent increase forms into HACM by.

Q: How many inspectors does HACM currently have?

A: Currently HACM has 3 inspectors and they are looking to hire 1 more.

Q: How far in advance are inspections scheduled?

A: Typically 2-3 months prior to the lease recertification date.

Q: Is the Housing Portal available in languages other than English for tenants who do not speak/read/write English well?

A: The portal allows them to select the language. If they need assistance it is being provided on Wednesdays at 5003 W. Lisbon.

Q: How do we as landlords rebuttal if we do not agree with the proposed rent by Housing?

A: The lease and contract specialist will work with you to come up with a reasonable rent for the unit.

New Settlement Sets Lease-Breaking Precedent Under The SCRA

Fri, 05 Apr 2024 16:30:00 GMT

In a landmark settlement, a property management company and its landlord have agreed to pay a significant sum following allegations of violating the Servicemembers Civil Relief Act (SCRA).

After spending 14 months and $50,000 in attorneys’ fees litigating the case, the defendants opted to settle. The consent decree requires the defendants to pay the servicemember $10,225.65, which includes the unlawful termination fees and additional rent plus two times the unlawful fees and additional rent assessed. The decree also orders the defendants to pay a $3,000 civil penalty to the U.S. Treasury. Moreover, the company must provide SCRA training for its employees and avoid imposing the 35-mile restriction on leases involving qualifying service members and their dependents.

The resolution of this case sets a precedent for the protection of SCRA rights nationwide. All landlords should be aware of how the SCRA affects their relationship with tenants. In litigation failure to provide a servicemembers affidavit can derail proceedings, wasting the time, effort, and resources of the landlord. Even out of court, failure to abide by SCRA rules can be an expensive mistake.

Read Full Article Here

Squatting News Around the Country

Mon, 01 Apr 2024 16:00:00 GMT

Florida Governor Signs New Law Squashing Squatters’ Rights

In late March, Florida Governor Ron DeSantis signed legislation that makes it easier to remove squatters—which, as we have seen, is a growing problem across the nation. According to WPTV, under the new law, a property owner can request law enforcement to immediately remove a squatter if the person has unlawfully entered, has refused to leave after being told by the homeowner to do so and is not a current or former tenant in a legal dispute.

See Full Article Here

Legislation cracking down on squatters unveiled in Albany

A bipartisan package of bills to crack down on squatters was unveiled in Albany on Wednesday. The legislation aims to propose stricter laws and expedited eviction processes.

Members of the New York State Assembly joined with landlords, putting forward a bill to try to close a legal loophole.

"Assembly Bill 6894 is simple. It would allow lawful homeowners to remove squatters by redefining squatters as trespassers rather than tenants under New York state law," Blumencranz said.

Elected officials say the legislation is urgent after a squatting case turned deadly last week. Police sources say 52-year-old Nadia Vitels traveled from Spain to New York City to check on her deceased mother's vacant apartment in Kips Bay. She arrived unaware two squatters had been living there.

"She went to the apartment, encountered two squatters who tragically beat her to death and then stuffed her body in a duffel bag. Really horrific," Assemblymember Will Barclay said.

See Full Article Here

Squatters Reform Act gives property owners more rights in Georgia

“It puts some parameters to protect property owners," said Georgia Representative Misha Mainor. "Right now, if there were a victim process, it could take months to get someone out of your home that you own; now, it will take three days."

In addition, Mainor said squatters will now be held financially liable to speed up the eviction process.

“They also must pay rent for all of the time that they were in the property and for any damages," she said.

Mainor adds that squatters who make up fake rental agreements could be charged with a misdemeanor and jailed for up to a year.

See Full Article Here

Reforming the Inspections Process: A Necessary Step for a Stronger Housing Choice Voucher Program

Fri, 22 Mar 2024 21:00:00 GMT

A 32-page report was jointly released from the Urban Institute and the Bipartisan Policy Center a few days ago. In the summary, the Urban Institute writes:

We conclude that the current inspection regime that demands every single HCV unit be inspected in person before a lease can be executed and payments begin flowing is akin to using a bazooka to kill a gnat, as just 4 out of every 100 very low–income central city renters and fewer than 2 out of every 100 very low–income suburban renters live in severely inadequate units.

Although a strong argument can be made that inspections are an anachronism, we provide a fuller set of policy options short of doing away with inspections entirely as ways to streamline operations, expand landlord participation, and promote greater voucher use, particularly in high-opportunity communities.

Download the full PDF here

Committee Backs Housing Voucher Incentives

Mon, 18 Mar 2024 15:00:00 GMT

The Milwaukee County Board of Supervisors is moving to fund an incentive program aimed at helping more tenants receiving rental assistance get into housing.

The program, if approved by the board, would create a fund to pay for any damages caused by renters using section 8 vouchers, which guarantee recipients do not have to spend more than 30-40% of their income on rent.

When the Housing Division places someone in a rental with a voucher, the division first inspects the unit. So the landlord would not be able to use damage mitigation funds on existing damage. The mitigation funds would come at the end of a tenants lease, and housing officials would verify the damage, the expenses and factor in the security deposit before paying out to a landlord, said Connor Goggins, senior real estate project manager.

Read the Full Article Here

Update on 3/22/24:

Sup. Shawn Rolland authored the resolution to create the program, which will set aside $356,000 for the fund.

The board voted 13-4, with supervisors Ryan Clancy, Felesia Martin, Juan Miguel Martinez and Steve Taylor voting against the resolution.

Local WI Real-Estate Related News

Sun, 17 Mar 2024 19:30:00 GMT

Freshwater For Life Action Coalition: Calls for independent investigation of SDC Weatherization Program

FLAC and Get The Lead Out Coalition (GTLO) provided a witness and evidence to city leaders of incomplete and shabby lead abatement work two months ago at a meeting in City Hall that was done by contractor hired by SDC.

“This matter is serious and requires a thorough review of an independent audit to determine the harm done to Milwaukee families throughout the city who had lead abatement work done by contractors hired by SDC”, continued Miranda.

Read Full Article Here

Milwaukee wants 1 million people and more housing. Zoning code changes are a first step

Milwaukee might soon change its zoning code to encourage development of small apartment buildings and apartments in commercial areas − growing the city's affordable housing supply.

"We want to use this process to remove the zoning barriers," said Sam Leichtling, Milwaukee's planning manager.

The idea is to promote more housing − but not high-rises, or even mid-rise buildings, in neighborhoods largely characterized by single-family homes, Leichtling said.

Other forms of housing could include tiny homes, such as Veterans Community Project Inc.'s development planned at 6767 N. 60th St., and accessory dwelling units. The latter refers to a house or apartment that shares the building lot of a larger, primary home.

Another change would encourage more apartments by eliminating floor area ratios − which typically limit a building's floor area in relation to the size of its lot.

More housing means increased property tax revenue for the city, Milwaukee Public Schools and other local governments, and additional customers for nearby stores, restaurants and other businesses.

Read Full Article Here

Third Ward apartment development raises $27 million from investors

The Evoni development with 261 apartments under construction in Milwaukee’s Historic Third Ward recently secured $27 million from investors.

The apartments are under construction on what had long been a vacant site northwest of North Lincoln Memorial Drive and East Summerfest Place. They are to begin leasing at the start of 2025, according to a press release.

Evoni broke ground in March 2023 using money from a construction loan and corporate funding provided by its developers.

The project covers 3 acres, and when complete will stand five stories tall with amenities including a pool, dog park, patio for outdoor grilling and a 119,113-square-foot attached parking structure.

Read the Full Article Here

MPS Referendum will INCREASE Rent Burden

Thu, 14 Mar 2024 19:00:00 GMT

By Heiner Giese, RPA Attorney

Tell your tenants that the $250 Million MPS referendum on the April 2 ballot for City of Milwaukee residents will result in monthly rent increases.

See this article from Milwaukee Neighborhood News Service:

OPINION: Milwaukee’s students cannot afford for MPS to (just) maintain and sustain: We need a plan

Maintaining the status quo in Milwaukee means remaining in an academic crisis. Last year, nine in 10 MPS students did not meet grade-level expectations in math and reading. MPS’ scores on the Nation’s Report Card are lower than peer districts, in some cases by two full grade levels.

Milwaukee Property Ownership Network Project

Mon, 11 Mar 2024 18:00:00 GMT

By Heiner Giese, RPA Attorney

https://mkepropertyownership.com/

A key takeaway is that most LLC's (72%) are mom and pops -- giving the lie to the story that "big corporate" interests have gobbled up a lot of properties.

Their statistic on "Date Purchased" must be wrong for any properties purchased before 1995 - when LLCs were first allowed - because they show 1995 as the earliest dates (have to check this some more).

Every owner should check out this new website to see how their property ownership is linked amongst LLCs owned.

The website also tracks building code violations and evictions filed.

Equity Trust presenting to Milwaukee REIA & Guests in March

Thu, 29 Feb 2024 18:00:00 GMT

The Milwaukee REIA is having a guest speaker in March from Equity Trust.

Topic: Tax-Free Account Focused Investing with John Bowens

When: Tuesday, March 12, 2024 6:00 PM - 9:00 PM

Where: Sonesta Milwaukee West, 10499 W Innovation Dr, Wauwatosa, WI 53226

John will cover:

Case studies of how investors are leveraging financial friends and loans to grow a smaller balance Roth IRA, HSA or CESA in a significant way
How to partner multiple accounts together within an LLC or Investing Trust
How to streamline investing with your tax-free accounts

Never been to a REIA meeting before? First Time Guests can attend their first meeting for Free with a complimentary Guest Pass.

Register Here

Act NOW to End the Notice to Vacate!

Wed, 28 Feb 2024 02:00:00 GMT

Vote YES on H.R. 803

On February 7, 2024, Senators Marco Rubio (R-Fla.) and Bill Hagerty (R-Tenn.) introduced S. 3755, the Respect State Housing Laws Act, in the U.S. Senate. The legislation would end the CARES Act’s federal notice to vacate requirement for federally-backed and federally-assisted housing, a temporary pandemic measure left in place due to a drafting error.

Companion legislation, H.R.802, was reintroduced in the U.S. House by Representative Barry Loudermilk (R-Ga.-11) last year.

The temporary federal 30-day “notice-to-vacate” requirement was established as part of the CARES Act at the start of the COVID-19 pandemic. It remains a contested issue in courts today, long after the moratorium and the federal COVID-19 public health emergency have ended.

This notice requirement adds complexity and confusion to the eviction process established by states and further delays the start of the eviction process for housing providers who have been waiting to have their cases heard in court while rent remains unpaid. H.R. 802 would repeal this notice requirement.

We are in favor of this federal legislation to end the 30 day notice requirement for any property which received federal assistance.

A repeal would actually help tenants because it would make owners more willing to accept Section 8 vouchers.

Urge your member of Congress who sits on the House Financial Services Committee to vote yes on H.R. 802, the “Respect State Housing Laws Act,” when it is marked up by the Committee on Thursday, February 29.

Vote YES on H.R. 803

HACM May Have Issued Incorrect Tax Forms

Sat, 24 Feb 2024 18:30:00 GMT

By Dawn Anastasi, RPA Board Member

If you accept Rent Assistance from the Housing Authority of the City of Milwaukee (HACM), you may have received the incorrect tax form for 2023.

HACM sent our 1099-NEC forms (non-employee compensation) instead of the correct 1099-MISC forms to rental property owners.

They are in the process of re-running and mailing out the correct 1099-MISC forms, so watch your mail for the corrected forms.

Also note: The 2023 1099 tax forms the Housing Authority of the City of Milwaukee (HACM) recently mailed through the U.S. Postal Service do not show the full Employer Identification Number (EIN) for HACM. Please note, the full EIN for HACM is 39-1159751.

Free Fair Housing Training in Madison

Fri, 23 Feb 2024 22:00:00 GMT

The Fair Housing Center of Greater Madison is offering a free in-person fair housing training seminar for owners and managers of rental properties, or staff operating shelters or residential programs.

When: Tuesday, May 14, 2024, 3pm - 5pm
Where: Madison Public Library Hawthorne Branch - Community Room, 2707 E Washington Ave, Madison

This material presented during the seminar is intended for general information purposes only and does not constitute legal advice.

Recording of the seminar is not permitted.

To register for this seminar, CLICK HERE.

Rampant, Increasing Fraud Impacting Rental Housing Costs

Wed, 14 Feb 2024 18:00:00 GMT

By John Triplett, Rental Housing Journal

Fraud impacting rental housing costs throughout the country is on the rise and includes incidences of fraudulent rental applications, financial and identity fraud, and is often fueled by social media, the National Multifamily Housing Council (NMHC) says in a new survey.

“Driven in part by social media platforms such as TikTok and Instagram, the rise in false rental housing applications is exacerbating rental costs, fueling the housing affordability challenges facing communities across the country and undermining the credibility of eviction data.

These fraudulent incidents consist of a wide range of wrongdoing, including criminal behavior,” the NMHC says in a release about the survey.

Link to Full Article Here

Local Real Estate News

Mon, 05 Feb 2024 23:00:00 GMT

City of Madison introduces new program to help rental housing owners make repairs, upgrades

The City of Madison on Monday announced a new program aimed at helping rental housing owners pay for repairs and improvements at their properties.

The Rental Rehab Program allows property owners who charge no more than fair market rents get funding to prevent property deterioration, reduce safety risks and extend their buildings' lives.

"Our housing crisis requires an all-of-the-above approach," Mayor Satya Rhodes-Conway said. "While we work to bring more housing to Madison, we must also take care of what we have."

Funding through the program depends on the number of units on each property. Owners with 1-6 unit buildings can get up to $75,000; while those with 13-20 units could get up to $200,000.

Link to Full Article Here

Milwaukee Raze & Revive Initiative

According to a new release, a building located at 26th and Townsend is one of the first city-owned vacant properties to be demolished in 2024 by a team within the Department of Public Works.

This team will help address the backlog of vacant abandoned buildings in Milwaukee neighborhoods.

Once the Raze & Revive program is at full capacity, the DPW team will effectively double the city’s demolition capacity. These demolitions will increase public safety, improve property values, and create new opportunities for housing.

Link to Full Article Here

Real estate investors who buy up single family homes could get taxed under new bill

U.S. Sen. Tammy Baldwin is making a second attempt to pass federal legislation that would tax real estate investors who buy up substantial numbers of single family homes — the plan aimed at increasing the availability of affordable housing.

The Affordable Housing and Homeownership Protection Act would impose a transfer tax on investors who purchase and hold more than 15 single-family homes nationwide. The revenue would provide up to $50 billion over ten years to help build and preserve approximately 3 million affordable housing units nationwide, according to the senator.

VineBrook Homes Trust, based in Ohio, is one of the largest owners of single-family rental homes in Wisconsin. The company bought approximately 1,000 homes in Wisconsin and about 25,000 nationwide, according to the Milwaukee Journal Sentinel.

Oxford Economics conducted a third-party economic study of VineBrook Home’s impact on Milwaukee. According to the report, VineBrook Homes’ residents pay $113 below the prevailing rent in the area on average per month.

Link to Full Article Here

Note: The Journal Sentinel also published a similar article. In it, RPA Attorney Heiner Giese was quoted.

Heiner Giese, attorney for the city's landlord association, said he did not see a need for Baldwin's legislation.

"Why are they discriminating against renters and in favor of homeowners?" Giese said, adding that if the legislation became law, "there will be less rentals available, and that is going to hurt the person who wants to rent."

Link to Journal-Sentinel Article (behind paywall)

Eviction Diversion through Right to Counsel Programs

Wed, 24 Jan 2024 23:00:00 GMT

By Tim Ballering, RPA Board Member

In this apparent zero-sum game, who is the ultimate loser? In the short term, the property owner is out thousands of dollars in rent, and the renter has lived for free a while longer; a bit further down the road, the renter now has a large eviction on their record, if not sealed.

But the ultimate losers are all similarly situated renters who pay their rent and behave okay towards the property and the neighbors. Owners who suffer large losses respond. They sell out to the big guys, who have stronger eviction criteria. They sell out to owner-occupants. They change their screening criteria. They change their eviction trigger point. They change their deposit requirements. They raise rents to offset losses.

In the end, RtC has protected the tree (a nonperforming renter) at the expense of the forest (the 95% of lower-income renters who perform as they should). And the protected tree… gets chopped down while looking for future housing due to their eviction record.

Zero winners here.

How to Look Up Owner Registration Info in Milwaukee

Tue, 23 Jan 2024 19:00:00 GMT

By Dawn Anastasi, RPA Board Member

We have covered this topic at prior RPA meetings, however it bears repeating.

Let's say that you are renting out a property and in one of the applications, you suspect that the applicant put down their friend's phone number as a reference.

(You do call current and prior landlords for references, correct?)

Non-owner occupied properties in Milwaukee get registered with the Department of Neighborhood Services. Those records are public information and can be looked up in order to find out the owner information.

Link to My Milwaukee Home

Simply enter the property address then click "Submit Address". The property owner's name appears, and when you scroll down, you will see a section titled "Registration Owner". Click on the "Owner Registration" link and you will find the name/address and phone number for the preferred contact, registration owner, and/or operator.

If the owner has not kept this information up to date, it may be old, but it may give you the actual owner's phone number to contact and get a true reference.

Check out more Landlord Links on the RPA website.

Can A Landlord Charge an Application Fee To A Prospective Tenant In Wisconsin?

Tue, 16 Jan 2024 22:00:00 GMT

Tristan Pettit recently wrote a great blog article about whether or not rental property owners can charge application fees to applicants.

Link to Article

Not Every Eviction Matter Requires an Attorney

Sat, 13 Jan 2024 23:00:00 GMT

RPA attorney Heiner Giese has had a letter published in the January issue of the Wisconsin Lawyer, which is the monthly publication of the State Bar of Wisconsin.

The letter points out that providing free lawyers for tenants in evictions often just delays a case and that a better answer is to provide rent assistance instead of paying attorneys.

The link to the letter is here.

A Summary of Landlord-Tenant Bills That Some In Madison Are Hoping to Get Passed in 2024

Thu, 11 Jan 2024 18:00:00 GMT

Tristan Pettit recently included a link on his blog summarizing Landlord-Tenant Bills that some In Madison are hoping to get passed in 2024.

As Tristan notes: If these are not the type of laws that you want passed then I suggest you get involved, join the Rental Property Association of Wisconsin, and start talking to your elected officials in Madison.

Link to Article

Recent Local Housing News

Tue, 09 Jan 2024 21:00:00 GMT

Program promotes homeownership for low-income Milwaukee renters

The Metcalfe Park Homeownership Initiative is a lease-purchase program in the Metcalfe Park neighborhood on the north side of Milwaukee. Thirty single-family homes were built 15 years ago on tax-foreclosed lots. Now the homes, which are valued at about $125,000 each, are being sold to tenants for anywhere between $40,000 and $80,000.

They're available at those rates because of a provision in the federal low-income housing tax credit that allows tenants to buy their homes at a discount 15 years after development. It's known as the eventual tenant ownership model. Developers who receive the tax credit agree to those terms.

Three of the 30 homes at Metcalfe Park were sold last year. Now advocates are promoting the benefits of homeownership to other eligible tenants.

These residents have formed a development group to create affordable housing opportunities

Alice Pugh, a career educator, shared on social media her interest in an informational meeting on the Homes MKE initiative, which renovates vacant, foreclosed City of Milwaukee properties and then sells them to residents at affordable prices.

Adrienne Hunter reached out to Pugh about their husbands’ shared interest in the initiative. And then the two decided to work together to send a proposal to the Department of City Development to be one of the developers to participate in this project.

New Proposed Bill on Real Estate Wholesalers

Sat, 06 Jan 2024 14:00:00 GMT

https://docs.legis.wisconsin.gov/raw/proposal/2023/-5444

Excerpt:

DISCLOSURES REGARDING REAL PROPERTY WHOLESALERS

The bill requires a real property wholesaler to provide certain disclosures to other parties involved in a real property transaction. Under the bill, “real property wholesaler" is defined as a person that enters into a purchase agreement as a buyer and intends to sell the person's rights as buyer to a third party, and “purchase agreement” is defined as a contract for the sale, exchange, option, rental, or purchase of residential real property that includes one to four dwelling units.

The bill requires a real property wholesaler, no later than entering into a purchase agreement as a buyer, to provide written notice to the seller that the buyer is a real property wholesaler. Under the bill, if the real property wholesaler fails to provide the notice, the seller may rescind the purchase agreement at any time before the closing and retain any deposits or option fees paid by the real property wholesaler.

In addition, if the real property wholesaler contracts to sell its interest in the purchase agreement to a third party, the bill requires the real property wholesaler, no later than entering into the contract, to provide written notice to the third party that the real property wholesaler is a real property wholesaler that holds an equitable interest in the property as a buyer under the purchase agreement and that the real property wholesaler is conveying its interest in the purchase agreement, not title to the property.

Under the bill, if the real property wholesaler fails to provide the notice, the third party may rescind the contract at any time before the closing and is entitled to the return of any deposits or option fees paid by the third party.

Top 30 Most Competitive Rental Markets in 2023 -- Milwaukee is #3

Thu, 28 Dec 2023 17:00:00 GMT

Link to full Article on Rent Cafe's Website

RPA's Next Landlord Boot Camp Date Announced

Fri, 22 Dec 2023 14:00:00 GMT

The next RPA Landlord Boot Camp will be held on Saturday, April 13, 2024.

Sign-ups will begin soon, please watch for more information via email in the future!

Why should you attend Landlord Boot Camp?

Landlording is a Business. Take yours to the next level by educating yourself on how to better manage your tenants and avoid costly errors.
Learn from an Expert. Attorney Tristan Pettit drafts many of the Landlord/Tenant forms for WI Legal Blank.
Connect with your Peers. Connect with investors, landlords, and property managers.

This in-person event will be held at the Sonesta Milwaukee West. The day includes lunch and a downloadable PDF of the course materials. (Printed materials available for an extra cost.)

Information from HACM Regarding Inspections

Wed, 20 Dec 2023 14:00:00 GMT

HACM is the Housing Authority of the City of Milwaukee.

We apologize for any delays some of you may be experiencing with scheduling inspections. Your patience is greatly appreciated.

Here are some general rules of thumb for inspections:

ANNUAL INSPECTIONS

Approximately 120 days prior to your HACM tenant lease end date, you and your tenant should receive a notice telling you either when your inspection will be (approximately 90 days prior to lease end) or that your unit does not need to be inspected this year. If the lease ends in an odd month, (Jan, Mar, May, etc) the unit will have to be inspected before the lease is renewed in 2024.

Annual inspection dates are non-negotiable. An adult must be present to let our inspector in. If we cannot access the unit, the unit will fail inspection, and we will determine when the reinspection will take place.

You don’t have to wait for our call or a letter. By using the portal, you can check for any upcoming inspections!

NEW TENANT INSPECTION / REINSPECTION

Within 48 hours of receiving a Request for Tenancy Approval (RFTA) form from you or your prospective tenant, the owner/agent should expect a call from either a Leasing and Contract Specialist to discuss rent reasonableness, or from Jose Guzman to set up an inspection.

To set up a reinspection you must contact jose.guzman@hacm.org 414-286-5658.

HACM No Longer Mailing Rent Increase Forms as of 3/1/2024

Tue, 12 Dec 2023 21:00:00 GMT

Message from HACM (Housing Authority of the City of Milwaukee):

Beginning March 1, 2024, we will no longer mail out rent increase forms. Up until this time, we have typically mailed out rent increase forms 150-120 days prior to lease end dates along with annual inspection notices.

We are now providing a generic rent increase form on our website. You can also request one from stephen.fendt@hacm.org. Please complete and sign the form, have your tenant sign it, and return it to us at section8leasing@hacm.org no less than 90 days prior to the lease end date.

We ask that you be proactive and monitor the lease end dates for your HACM tenants so you know when future rent increase forms are due. If you are on the Landlord Portal, and we encourage all of you to go there and register, you can see your lease renewal dates by clicking on the “Unit Info” icon.

Gov. Evers, WHEDA Announce New Programs Emerge from Historic Bipartisan Housing Legislation

Thu, 07 Dec 2023 17:00:00 GMT

MADISON — Gov. Tony Evers, together with the Wisconsin Housing and Economic Development Authority (WHEDA), announced today that two new loan programs, Restore Main Street and Vacancy-to-Vitality, are now available and expected to spur the development of new affordable housing units across the state.

“Expanding access to safe, reliable, affordable housing statewide in Wisconsin is critical to addressing our state’s pressing workforce challenges while connecting the dots to ensure our kids, workers, and families can be successful and thrive,” said Gov. Evers. “As we revitalize main streets and turn vacant commercial spaces into affordable residential units, we are building a brighter future for our workforce, our economy, and our state. I am proud that, through these new programs and investments we made in the budget, we are able to help Wisconsinites access the safe, stable housing they deserve.”

“Together, these new programs give us even more opportunities to add much-needed affordable housing in both urban and rural areas of our state that are desperate for safe, stable homes for working individuals, families, and seniors,” said WHEDA Executive Director Elmer Moore Jr.

Access to safe, reliable, and affordable housing is a critical part of helping address the workforce challenges facing the state. For years, Gov. Evers has proposed robust provisions and investments in expanding access to housing statewide, including in his 2023-25 proposed budget. The governor was glad to have the Wisconsin State Legislature join him in supporting this critical effort. The 2023-25 biennial budget signed by Gov. Evers provides one of the largest state investments in workforce housing—$525 million—in state history, including measures to fund both the Main Street Housing Rehabilitation Revolving Loan Fund and Loan Program, now called Restore Main Street, and Commercial-to-Housing Conversion Revolving Loan Fund and Loan Program, now called Vacancy-to-Vitality. Both programs were created earlier this year as part of a bipartisan package of bills Gov. Evers signed to help expand access to safe, affordable housing for working families.

The Restore Main Street Loan Program provides loan funding for building owners to cover the costs to improve housing located on the second or third floors of an existing building with commercial space on the ground level. Borrowers can apply for up to $20,000 per housing unit or 25 percent of the total rehabilitation cost at a low-interest rate of three percent or one percent in municipalities with a population of less than 10,000.

The Vacancy-to-Vitality Loan Program allows a developer to apply for a loan to cover the costs of converting a vacant commercial building to workforce or senior housing. Developers can apply for up to $1 million or 20 percent of the total project cost, including land at a low-interest rate of three percent or one percent in municipalities with a population of less than 10,000 or senior housing.

Both programs require municipalities to take steps to reduce the cost of the eligible project by voluntarily revising ordinances or regulations that affect the project on or after Jan. 1, 2023. Municipalities are also required to have updated the housing element of their comprehensive plans within five years.

For additional information about the loan programs, please visit WHEDA’s website here.

An online version of this release is available here.

FTC Notice of Proposed Rulemaking: Unfair or Deceptive Fees

Tue, 05 Dec 2023 14:00:00 GMT

Read the Full Paper Here

The FTC put out a 161-page paper. On page 22 the paper references fees in Rental Housing:

Comments from individual consumers about rental housing fees stated that leasing companies advertise monthly rents that do not include fees for mandatory ancillary services that unexpectedly and significantly increase renters’ monthly expenditures. The comments stated that leasing companies do not always identify the purpose of these fees.

Consumer and policy groups noted that landlords do not adequately disclose many unavoidable fees or fail to explain the purpose of fees, and supported a rulemaking pertaining to fees in connection with rental housing, including apartments, house rentals, and manufactured housing communities (“MHCs”).

The National Consumer Law Center (“NCLC”) conducted a survey of legal services and nonprofit attorneys that identified many unavoidable fees faced by tenants, and recommended that the FTC require that online platforms for rental advertisements disclose all fees, including fees charged before and after signing rental leases.

Private Equity Stakeholder Project supported enhanced fee disclosure requirements and upfront disclosure of the costs of goods and services to protect consumers and the economy at large. The comments also recommended that the FTC investigate unfair or deceptive practices related to housing fees and provide guidance on fees.

The comments also recommended that a rule prohibit certain rental-related fees as invalid per se because they are exploitative and target captive renters who often come from vulnerable groups. The comments stated that fees make rental housing even more unaffordable and jeopardize access to future housing and financial stability.

From the footnote:

NCLC noted that the survey was conducted between November and December of 2022, and showed that tenants face an array of unavoidable fees, including rental application fees, sometimes charged even if landlords know applications will never be approved, excessive late fees, utilities-related fees, processing or administrative fees, convenience fees, insurance fees, notice fees, trash fees, pest control fees, technology fees, common area and amenity-related fees, inspection fees, and mail sorting fees.

Choosing the Best Settlement Method: Replacement Cost vs Actual Cash Value

Fri, 01 Dec 2023 14:00:00 GMT

By Shawn Woedl, President of National Real Estate Insurance Group

When it comes to settlement methods, you have two options to choose from: Replacement Cost, or RC, and Actual Cash Value, also referred to as ACV. These two options determine how your claims payout is settled in the event of a loss. So, what’s the difference? Depreciation.

Regarding property insurance, depreciation represents the estimated reduction in value based on how much useful life is determined to be left in the damaged property. This is calculated by an adjuster, factoring in criteria such as age and general wear and tear.

Both RC and ACV account for depreciation. However, one settlement method allows for reimbursable depreciation whereas the other does not.

REPLACEMENT COST (RC)

This settlement method allows claims to be settled with reimbursable depreciation. Replacement Cost coverage requires you to be insured to a higher valuation per square foot but provides you with more financial protection.

For example, a kitchen fire at your property causes a partial loss, totaling $30,000 in damage. The deductible on this property is $3,000, so the insurance carrier will pay no more than $27,000. An assigned claims adjuster visits the property to determine how much useful life was left in what was damaged.

The actual cash value of the loss after depreciation is determined to be $15,000. You will receive a payment of $12,000 (the actual cash value minus the deductible). That $12,000 will go towards the necessary repairs and replacements. If expenses exceed that amount, you will pay out of pocket.

Let’s say the cost of repairs totaled $20,000. With provided receipts, a second check for reimbursable depreciation will be issued for an additional $5,000. Replacement Cost allows you to recoup some or all of the depreciation that was taken from you. The only part that is not recoverable is your deductible.

ACTUAL CASH VALUE (ACV)

Actual Cash Value policies pay the depreciated cost to repair or replace your damaged property and/or its contents. ACV coverage pays you for what the property and/or its contents are worth at the time of loss. Coverage with this settlement method is typically 20-25 percent cheaper than an RC policy and allows you to be insured to a lower value per square foot. However, ACV does not allow you to recover any depreciation.

For example, the same $30,000 kitchen fire occurred at a property with an ACV settlement method and a $3,000 deductible. The adjuster depreciates $15,000 from the loss. You will be issued a check for $12,000 (actual cash value minus the deductible). With an ACV policy, $12,000 is all you can recover from this $30,000 fire loss.

What you may not know is you can do whatever you want with that money- fix the damage or cut your losses, sell the property as is, and use the money to buy a car.

As a side note, depreciation is extremely difficult to determine until the loss occurs. It is based on the date of the last updates, not the original year built. Everything depreciates at a different rate, but the average is about 1% annually. Although roofs deteriorate much quicker due to weather exposure.

Read the Full Article Here

Legal Assistance for Evictions: Impacts, Mechanisms, and Demand

Tue, 28 Nov 2023 14:00:00 GMT

A paper by Aviv Caspi and Charlie Rafkin

This is a 76-page paper out of Memphis TN by Stanford RegLab and MIT Economics. You may not want to read a 76-page paper, so some highlights from this paper follow. (The statements in bold are highlighted for your convenience, not highlighted in the paper.)

Seeking to assist tenants, 17 cities and four states recently passed “Right to Counsel” programs that guarantee defense attorneys in eviction cases.1 This expansion represents perhaps the most significant shift in U.S. eviction policy in the past two decades, aside from temporary pandemic-era measures. Yet whether attorneys actually stop evictions is unclear.

The RPA has stated in the past that attorneys may hinder the process, stretching out the time a tenant remains in the property and therefore increases the amount of money the tenant owes in the end. This can also have negative impact on good tenants because security deposits may need to increase to cover the increased risk a non-paying tenant bears.

Despite landlord- friendly eviction law, providing an attorney reduces tenant eviction judgment rates within 90 days by 27 percentage points (50%). However, attorneys’ effects persist only when they can connect tenants to other services. Once a concurrent emergency rental assistance program expires, effects on judgments at 90 days shrink by about 70% and are indistinguishable from zero. Attorneys have little effect on informal outcomes and bargaining.

In Wisconsin, such "other services" can be Ross IES on Milwaukee's northwest side, which offers Emergency Rent Assistance once a year to tenants who are facing eviction. Another service that assists tenants and landlords with bargaining (coordinating payment agreements, etc.) is Mediate Wisconsin. RPA had Mediate Wisconsin at our recent Trade Show and they have been speakers at prior events.

Approximately 40% of tenant applicants prefer a lawyer to receiving $1,000. It costs about $350 to hire an eviction defense attorney in Memphis.

So in essence, 60% of tenants prefer receiving money than hiring an attorney.

Evictions & Bankruptcy

Sat, 25 Nov 2023 17:30:00 GMT

By Gary D. Koch, Petrie + Pettit

Evictions are typically matters handled exclusively through the state court system, in whichever county the property is located. Every now and then, though, we have to make a trip to federal court to assist a landlord. This most frequently arises when a tenant files for bankruptcy protection.

Bankruptcy is authorized by the United States Constitution and is codified in Title 11 of the United States Code. There are 15 “chapters” of code, but the most common of those in this context are Chapter 7 and Chapter 13. The bankruptcy protections provided by filing under either chapter are extremely powerful, and can stop an eviction in its tracks.

Chapter 7 bankruptcies are relatively short-lived. The filing of a Chapter 7 bankruptcy creates an automatic stay of any action to collect on a debt, including past-due rent, or to continue any action to recover an interest of the “bankruptcy estate”, which includes the tenant’s right to continued occupancy of the rented premises.

Chapter 7 bankruptcies are typically open for four to six months before the case is closed. If the case results in a “discharge,” most debts which existed at the time of the filing are wiped out. Rent incurred before the case was filed is generally discharged in a Chapter 7 bankruptcy.

Chapter 13 bankruptcies usually run for a much longer duration. These bankruptcies may repay some amount of the existing debt to creditors, but do so over a 3 to 5 year period. The filing of a Chapter 13 bankruptcy also creates an automatic stay against collection or recovery.

There are a few exceptions to the automatic stay. Most relevant to a landlord, is that if a judgment of eviction is entered by the state court before the bankruptcy is filed, the landlord can still execute the writ and remove the tenant from the property. Be aware, however, that there is an exception to this exception, so there are limited circumstances when even a previously granted judgment of eviction is halted by a bankruptcy filing!

In all other circumstances, whether a Chapter 7 or a Chapter 13 is filed, in order to move forward with an eviction action, including serving a notice terminating the tenancy, the landlord will need permission from the Bankruptcy Court to do so. We obtain this permission by filing a Motion to Lift the Automatic Stay.

For Chapter 7 bankruptcies, the process of obtaining a lift of the stay requires a specific basis to file and may take as long as the life of the bankruptcy itself, so doing so may be an exercise in futility. Once the Chapter 7 discharges, dismisses or closes, the landlord can proceed against the tenant for any debt incurred after the date the Chapter 7 case was filed. Lifting the stay may allow the landlord to begin the process a few weeks earlier than the end of the bankruptcy.

For Chapter 13 bankruptcies, though, given their much longer duration, lifting the automatic stay is a viable option for the landlord. There need to be grounds for the motion, such as failure of the tenant to pay rent after the filing of the bankruptcy. The Bankruptcy Court will also likely give the tenant a “second chance” with the first motion, and order that any rental arrears incurred after the date the case was filed be included in the repayment plan, but may also order that any future missed rent payments will result in an immediate lifting of the stay.

Evictions are complicated enough, but when you add in a bankruptcy as well, navigating both the state AND federal courts becomes a minefield. Petrie + Pettit has shepherded may clients through both court systems and stands ready to assist you.

RPA Annual Meeting Election Results

Tue, 21 Nov 2023 14:00:00 GMT

By Atty Heiner Giese

The Rental Property Association of Wisconsin, Inc. held its annual membership meeting at the Sonesta Hotel in Wauwatosa on November 20, 2023. An election was conducted for positions on the Board of Directors with the following results:

Treasurer and Board Member (one year term): Tim Ballering (no other candidate - elected by acclimation).

Out of four candidates, these three incumbent Board members were elected by majority vote for two year terms ending November 2025:

Noah Jacobson
Kurt Kasdorf
Steven Belter

The new Board will elect a president and an executive committee at its next meeting.

Save 20% on Your Bagster® Bag Collection

Fri, 17 Nov 2023 14:00:00 GMT

Eviction Article from the Marquette Lawyer Magazine

Fri, 10 Nov 2023 19:30:00 GMT

The Marquette Lawyer magazine published a 10-page article in PDF form by Alan J. Borsuk and Tom Kertscher about evictions in Milwaukee.

View the PDF here

Some excerpts:

In the longtime words of the Wisconsin Supreme Court (these being from 1979): “The decisions of this court have held that there are a very limited number of issues permissible in an eviction action.”

Heiner Giese, a Milwaukee lawyer who has represented apartment owners for more than 40 years (and is the legal counsel for the RPA) is quoted in the article:

“Often, the most that attorneys for tenants can accomplish is to delay an eviction.”

The article explains more about this statement in the following two paragraphs:

But several property owners’ attorneys said that proceedings often are slower because more attorneys are involved and those attorneys use strategies for delaying outcomes. Some noted also that more property owners are calling on attorneys to represent them than in the past.

Several attorneys said that delays in concluding cases can mean increases in lost rent for owners, and extra costs for owners to pursue cases can mean higher rents or increased security deposit requirements for all tenants, including those who pay their rent steadily.

Tristan Pettit, an RPA board member, is also quoted in the article:

Tristan Pettit is executive vice president of the law firm of Petrie + Pettit and head of the firm’s landlord–tenant team. He said that the substantial increase in the percentage of eviction cases involving lawyers for the tenants has slowed down many proceedings. But, he said, it has also had benefits. “If you have a difficult tenant, having an advocate [for the tenant] can make things much easier,” he said.

The article also questioned the money going to attorneys who may delay the eventual eviction, rather than provide those funds to help tenants pay rent:

In the Stanford Law Review Online in July, two law professors questioned giving legal representation of tenants priority over what they regarded as the bigger need of tenants: rent money.

Here’s their view, as summarized by the law review: “Most low-income tenants facing eviction do not need a lawyer. They need rent money. . . . If we want to reduce evictions, tenant lawyers are not the best tool. Rental assistance could resolve, or even avoid the filing of, most eviction cases.” The authors said that the $46 billion in federal funds made available during the height of the COVID pandemic to help people who otherwise would have been facing eviction showed how much increased rental aid could reduce eviction problems. They called the movement to provide every tenant a lawyer in eviction proceedings “misguided.”

The article also covers the current trend in "redacting" or sealing of eviction records, by sharing Judge Cynthia Davis experience.

The number of requests in Milwaukee County Circuit Court to redact names of defendants in eviction filings has skyrocketed. In 2011, according to the clerk of the court, there were 63 such requests. In 2022, there were 1,959. “These have flooded our system,” Davis said. She was spending two mornings a week on such requests while she was on the small claims bench.

Generally, Wisconsin law strongly favors—indeed, requires—the accessibility of public records. Among other provisions, the legislature has provided (Wis. Stat. § 19.31) that “[t]he denial of public access generally is contrary to the public interest, and only in an exceptional case may access be denied.”

Tim Ballering is an RPA Board Member and the current Treasurer. He is quoted in the article as well:

Ballering said that new tenants who have had an eviction in the prior year fail to fulfill their lease obligations (to pay their rent) at significantly higher rates than other new tenants. By three years post-eviction, the track record is about the same as that of tenants without eviction records. Preventing landlords from seeing names of people who have been evicted is not only a problem for landlords, he said, but also for people who are better candidates to be reliable renters yet who may lose out in getting an apartment to someone with a past eviction.

Tim is further quoted in the article when the topic of mediation is covered, specifically highlighting Mediate Milwaukee (one of the organizations the RPA has had as a speaker at general meetings and who had a booth at our recent Trade Show).

Property owner Tim Ballering said, “Mediate first is a concept that we were unaware of in our industry.” The impact of COVID-19 accelerated efforts to mediate, he said. “A lot of people knew mediation was available mid-process, but to do it upstream is best for everyone.” He said mediation efforts overall have been “very successful.”

Recap from the first HACM Virtual Session

Wed, 08 Nov 2023 17:30:00 GMT

By Dawn Anastasi, RPA Board Member

In our previous blog article, we mentioned how HACM is now starting to hold Virtual Sessions with its housing providers.

Here are some notes from the first session.

Last month, HACM issued 250 vouchers to first-time voucher holders.
In the last 2 months, HACM hired 2 new inspectors.
Vouchers last 120 days from the date they are issued. This means that once a tenant obtains a voucher, they have 4 months to find housing with that voucher that meets their needs.
If a rental property owner fills out the voucher, but for whatever reason the lease doesn't move forward, the tenant can get the voucher paperwork re-issued.
Why is HACM limited to only 12 month leases and won't support month-to-month? HUD says that the 12 month lease provides housing stability for the landlord and tenant.
Rental property owners who have Rent Assistance tenants should make sure they are signed up for the HACM portal. No rent ledgers will be emailed anymore. The information can only be downloaded on the portal.
If you didn't get your registration email for the new HACM portal (you need it to become registered on the site), email Steven Fendt and he will make sure it gets to you.
All leases are set to automatically renew unless:
- A 60 day notice is received from either the landlord or tenant saying a party wants out of the lease at its end date
- The unit required an annual inspection, failed the annual inspection, and then failed the re-inspection
- The tenant failed to recertify in a timely manner -- all section 8 tenants have to prove their eligibility each year

Link to HACM's Housing Portal

RPA's previous blog article on How to Sign up for the HACM Portal

The process for a voucher household:

Applies to the program
Selected off the waiting list
Passed the background check
Provided income and household membership documentation
Attended briefing
Given voucher
Searches for housing that meets their needs that fits the voucher
Applies to a rental
Rental property owner and applicant fill out voucher paperwork
Voucher paperwork is sent into HACM
HACM performs a "Rent Reasonableness" check based on the rental unit
HACM collects documentation from the rental property owner if they are new to the program (ownership verification / W9)
HACM inspects the property (expect a call from HACM within 2 days of submitting the RFTA -- blue form)
The tenant signs the lease with the rental property owner and moves in

HACM to Host Monthly Virtual Sessions for Section 8 Housing Providers

Fri, 03 Nov 2023 22:00:00 GMT

From HACM:

Thank you for your continued partnership with the Housing Authority City of Milwaukee (HACM) to provide over 6,000 low-income individuals and families safe, quality, and affordable housing in Milwaukee! At HACM, we are continually looking for more efficient and effective ways to work together, both in serving our existing Section 8 participants and expanding our support for additional families in need.

Today, we are thrilled to introduce a new initiative that we believe will enhance our partnership: a monthly, virtual drop-in session for Section 8 Housing Choice Voucher (HCV) Housing Providers. Starting this coming Wednesday, November 8 at 10 AM, we invite you to join us online for this valuable opportunity to stay up-to-date on our Section 8 - Housing Choice Voucher program and to share your insights with us.

If you did not get an email from HACM with your registration link, contact Stephen Fendt via email.

Berrada Properties Gives Scholarships to Tenants

Wed, 01 Nov 2023 14:00:00 GMT

Link to Full Article Here

This year, Berrada Properties gave out two $5,000 scholarships, 10 $1,000 scholarships and a laptop to every student who applied.

“The management team and the ownership team are very conscientious people who have warm hearts, and you don’t hear that a lot,” said Archie Blunt, the director of community outreach with Berrada Properties. “And I wouldn’t associate with anything that was less than . . . I hope what I can bring here is to show this other side and create more positive impacts.”

2023 REI-CON Recap

Mon, 30 Oct 2023 13:00:00 GMT

By Dawn Anastasi, RPA Board Member

If you attended this year's RPA Trade Show, then you're aware of how amazing it was! If you didn't, you certainly missed out!

We had hundreds of attendees, and over 60 booths. The speakers were so amazing we had lines out the door to hear them speak!

We also had resources for rental property owners from Mediate Milwaukee and the Rental Housing Resource Center / Community Advocates.

Attendees of the trade show got a free pen from RPA and important legislative information. Many of the vendors gave out bags, candy, as well as an impressive amount of information!

The buffet lunch, casino games, and happy hour were fun additions to the event for members and guests to socialize.

If you couldn't make it out this year, mark your calendars for next October! The trade show for 2024 is sure to be even better!

See This Link for Pictures of the Event

Did you attend the Trade Show this year? If so, what did you think? Tell us in the comments!

Rent control laws could be contributing to shortage of affordable housing

Thu, 26 Oct 2023 13:00:00 GMT

By Breck Dumas, FOXBusiness

Despite warnings from economists, rent control is becoming more and more popular in progressive strongholds. Oregon led the charge in 2019 when the state imposed a cap on older units, and California followed suit in 2020. Since then, municipalities in Illinois, Colorado, Massachusetts and elsewhere are considering similar moves.

Many states had various forms of rent control in the 1970s, another time of high inflation. However, several banned rent control after that, when there was a consensus that price controls were destructive policies.

Read the full article here

What you need to know about the “Tenant Protection Package” Being introduced in the Wisconsin Legislature

Tue, 24 Oct 2023 13:00:00 GMT

By Atty Heiner Giese

A group of Legislators are presenting a package of 20 separate bills affecting landlord/tenant laws. If enacted these would dramatically affect your leases and how you operate your rental properties. They would reverse legislation passed between 2011-2018 which created statewide uniformity in rental regulation.

Here are some of the key changes proposed:

The 5-day notice for nonpayment of rent is extended to 30 days.
If you have accepted late rent payments in the past the tenant can now use this as a “waiver” argument to negate a termination notice.
Municipalities can impose an eviction moratorium. Did the COVID-era moratorium cause you any problems? There’s not even a health-related requirement under the proposed law – it could be imposed for any reason.
There would be a 60 -day notice requirement if you’re refusing to renew a lease. And you’ll have to have just cause for nonrenewal of a lease. True, nonpayment or harassing other tenants would be just cause. But the tenant who you’d like to replace because they were consistently paying late – but who is current right now – has the right to stay another year.
All tenants in an eviction case get a free lawyer at taxpayer expense regardless of their income! Plus, this “free lawyer” provision will delay the court case because the tenant can first appear in court without a lawyer and then ask for one to be appointed resulting in a delayed hearing. Rental agreements must inform tenants of this right to counsel.
The 10-day time limit for tenants to get approved for State emergency rental assistance is removed. Some of the proposed bills in this “tenant protection” package also require landlords to apply for any possible rental assistance program and to hold an eviction in abeyance while the landlord and tenant are considered for aid. There is no time limit on how long that vetting process can hold up an eviction.
Stipulations for “pay and stay” or for an agreement by the tenant to vacate by a certain date in exchange for a dismissal are often used and are beneficial to both tenants and landlords. But if the stipulation is not complied with one of the bills now requires notice and an evidentiary hearing before a writ or money judgment can be entered. This leads to the ridiculous result where a landlord might agree to dismiss if the tenant moves out in 7 days but if the tenant doesn’t move the landlord would have to give the tenant another notice and go back to court to get the writ confirmed.
Numerous other changes to landlord/tenant law are proposed such as: creating a “rent abatement schedule”; allowing the tenant to withhold the entire monthly rent if only a minor defect hasn’t been repaired; giving outside “tenant organizers” access to your building; voiding a nonpayment notice which has a typo in the amount due; making a mailed notice effective after the 5th day instead of the 2nd day.

Does this potential legislation concern you? If you aren’t yet a member of the RPA, join NOW so you can keep informed through our member programs. The most effective way to fight slanted, misguided legislation is through your dues which support our lobbying and legal efforts on behalf of rental property owners.

What is the actual law in Wisconsin regarding turning on heat?

Sat, 14 Oct 2023 19:30:00 GMT

An interesting article from Drew Dawson of the Milwaukee Journal Sentinel, linked here for our members:

Article Link

Excerpt:

There are two laws that apply here:

Wis. Stat. 704.07(2)(a)2: "Keep in a reasonable state of repair all equipment under the landlord's control necessary to supply services that the landlord has expressly or impliedly agreed to furnish to the tenant, such as heat, water, elevator, or air conditioning."

ATCP 134.04(2)(b)2: "Heating facilities serving the dwelling unit are not in safe operating condition, or are not capable of maintaining a temperature, in all living areas of the dwelling unit, of at least 67° F (19° C) during all seasons of the year in which the dwelling unit may be occupied. Temperatures in living areas shall be measured at the approximate center of the room, midway between floor and ceiling."

Eviction Records Decision by Wisconsin Supreme Court – FAQ

Wed, 11 Oct 2023 16:30:00 GMT

This FAQ has been prepared by Atty Heiner Giese on behalf of the Rental Property Association of Wisconsin, Inc. (formerly AASEW) and other interested rental property owners and associations.

The Wisconsin Supreme Court held an open administrative conference on October 9, 2023 to consider a petition (No. 22-03) filed by Legal Action of Wisconsin (LAW) concerning the retention of court records in eviction cases.

Evictions are heard in small claims courts throughout the state. LAW’s petition asked the court to shorten court record retention rules so that cases where no money judgment was entered against a tenant would be deleted from the state CCAP filing system after one year.

LAW’s petition did not seek to change the current rule that eviction cases with a money judgment remain public for 20 years.

1. So what exactly did the seven justices decide at their October 9 conference?

Exactly what they decided is not yet certain. While they took a 4-3 vote in favor of changing the record retention rules this has to be put in writing and formally issued as an order by the court. There may then be separate opinions by justices supporting or opposing the changes.

Contrary to the impression from some media coverage, any eviction where a landlord gets a judgment for back rent or even just a judgment for court costs if the tenant moves out WILL NOT “go away” after two years. Those eviction cases remain public for 20 YEARS.

2. Reporting by the media says the court “sided with tenant advocates.” Is that what happened?

The media might be interpreting the 4-3 vote as the majority siding with tenant advocates and the minority siding with landlord advocates. But while we don’t yet have a written order the majority vote clearly rejected LAW’s request for a one year record retention and declared that dismissed evictions would remain public for two years.

Numerous tenant advocates and social agencies had filed comments in support of the one year rule. The media failed to look at the comment submitted by major Wisconsin rental property owner groups which opposed a one-year rule but suggested the court adopt a two-year rule. So this 4-3 decision actually sided with the landlords.

3. Are Wisconsin landlords then generally in favor of a rule whereby dismissed evictions aren’t searchable anymore after two years?

Many owners would probably prefer a longer look-back period than two years. Some larger owners have policies whereby they want to know of any evictions filed against a prospective tenant for a time period of between three and seven years. Credit histories are generally maintained for seven years by credit reporting agencies, for example.

4. So why did the landlord groups propose a two-year rule?

For two reasons.

First the existing Supreme Court Rule SCR 72.01(8) which governs all small claims cases including evictions already operates to remove many eviction records on CCAP two years after the case is closed. For example, of the 1,101 evictions filed in Milwaukee County in December 2019, 517 are not viewable by landlords using CCAP to screen tenants.

Secondly, landlord groups supported a statute favorable to tenants passed in 2018. Section 758.20(2)(b) gives the Director of State Courts the authority to remove eviction cases after two years if no money judgment has been docketed. The statute also cuts the retention period to ten years from twenty years for cases where a writ of restitution was issued against the tenant.

5. Why were three justices opposed to the two-year rule if there wasn’t any strong opposition to it by any of the interested parties?

We’ll have to see what any dissenting opinions might say but of course this issue on eviction records doesn’t just involve tenants and landlords as interested parties. The public also has a strong interest in open records. Just because a current landlord and tenant might agree that an eviction record should be effectively sealed doesn’t mean that future landlords or other credit providers don’t have the right to see whether someone has a track record of not paying rent.

Even private parties: if you are a person looking for a roommate to share an apartment you’d want to know if someone didn’t pay their rent three years ago, even if the eviction filed against them was dismissed because they moved out just before the court hearing.

6. At the oral hearing on the petition on September 7, 2023 tenant advocates proposed that the Wisconsin Supreme Court and not the Wisconsin Legislature should have ultimate authority over court record retention rules. Has that question been decided?

That legal question may not be covered when the court issues its written order. But it was revealing that Justice Rebecca Dallet, who voted with the majority, said that the court was not contravening an act of the legislature. She pointed out the two-year provision in section 758.20 and stated that the legislature “had the right to do that and we are implementing their policy.”

Hearing on CCAP petition 22-03 - AP Story Gets it Wrong

Tue, 10 Oct 2023 04:00:00 GMT

By Attorney Heiner Giese

The Wisconsin Supreme Court held an open administrative hearing on Oct. 9 on Legal Action's petition for a rule change to limit CCAP access to eviction records to one year. The hearing lasted about 45 minutes and is viewable on Wisconsin Eye. An audio only version will be on the Supreme Court's website later.

The AP News story by Scott Bauer got the result wrong when it said the court "sides with tenant advocates."

First, the Legal Action petition was for cutting off CCAP access at ONE year for any dismissed evictions where there is no money judgment. It there is a money judgment it stays online for 20 years, which is the current rule.

Justice Ann Walsh Bradley's motion adopted at the hearing was to change that one year to TWO years if no judgment entered.

But a TWO year limit on CCAP access is what the LEGISLATURE already approved in 2018 by statute, sec. 758.20(2).

Here is what I said in my Comment on Petition 22-03 (page 1) to the Court filed on behalf of WRA, WAA and then-AASEW:

2. The policy change on retention of eviction records for which Petitioner Legal Action of Wisconsin advocates is already substantially available (with a two, not one-year window) per Wis. Stat. § 758.20(2)(b). The Director of State Courts already has the authority under that statute - not currently being exercised - to remove eviction cases from WCCA online access if no money judgment has been docketed two years after dismissal; the Court can instruct the Director to implement that policy now.

Justice Rebecca Dallet (at 28:00 of the recording) says exactly that. She says the legislature "had the right to do that and we are implementing that policy." So today's conference vote by the justices accepts the result proposed by Wisconsin's major landlord groups and does not attempt to reverse a statute concerning court records enacted by the legislature in 2018.

So the upshot is that evictions where any money judgment is entered are going to remain searchable for 20 years. The court did not address the distinction between a money judgment being entered (which occurs automatically if the landlord gets a writ, even if the landlord does not pursue money damages) and a judgment being docketed (which is an extra step the landlord has to take and which costs $5).

The justices did not discuss (or attempt to change) the separate 10-year CCAP access for cases where a writ was issued, which the legislature mandated in sec. 758.20(2)(a).

How to Sign Up for HACM's new Landlord Portal

Fri, 29 Sep 2023 18:00:00 GMT

By Dawn Anastasi, RPA Board Member

The Housing Authority of the City of Milwaukee (HACM) has a new housing portal, RentCafe through Yardi.

You can register at the portal and you will be able to set up direct deposit, monitor inspections, etc.

Go to the portal https://myportal.hacm.org/
Click on the link called "Landlord Login"
Scroll down to bottom, and underneath the brown "log in" button click on the green "Click here to Register"
Type in your registration code from HACM. If you don't know your registration code, contact Steve Fendt, the Landlord Outreach Coordinator for HACM.
Fill out the form on the next page. (Note that you must be able to match the tax ID that HACM has on file for you or your company -- SSN or EIN.)
You will need to choose a secure password -- the password must be 10 characters, at least one upper and lower case letter, a number and special character.

After you click the "Register" button you will be in the portal.

Click "My Profile" and ensure that your contact information is correct.
The "Unit Info" selection will show you all your rental units with HACM. You will be able to see the unit address, number of bedrooms, start date, rent amount, and the split between HACM and the tenant.
The "Unit Inspections" link will show you any inspections performed on your rental units and the status of those inspections.
The "Caseworker Info" button will show you who the caseworker for each of your current and recent past rental units, including the caseworker phone number and email address. It's preferred by HACM that you use email as your primary contact method.
The "My Ledger" button allows you to see payments made toward your rental units.

Avoid These 4 Multifamily Investment Mistakes

Wed, 27 Sep 2023 21:00:00 GMT

By By Karlin Conklin, Multi-Housing News

Read the full article here

Every multifamily owner accumulates learning experiences that pave the way for smarter decisions and more successful ventures ahead. Here are some of the most common investing mistakes and the lessons learned by those who’ve navigated the ups and downs of many market cycles.

You Made Emotional Transaction Decisions
You Took on Excessive Debt
You Got Too Comfortable
You Neglected Professional Guidance

The Housing Authority Must Be Brought to Account

Wed, 20 Sep 2023 22:00:00 GMT

By Atty Heiner Giese

You may have seen recent news stories about some tenants living in public housing in the City of Milwaukee (operated by Housing Authority of the City of Milwaukee – HACM) being unhappy with their landlord.

Milwaukee’s Common Council does not have direct control over HACM but now some aldermen want to have the Dept of Neighborhood Services inspect HACM units and write orders for any violations. See the Statement below with bolded section highlighted.

Statement from Common Council President José G. Pérez

September 20, 2023

For some time, Common Council members, community representatives, and most importantly, residents of properties operated by the Housing Authority of the City of Milwaukee (HACM), have been concerned about the way the HACM conducts its business. Anecdotes of unsafe and unsanitary conditions, billing irregularities, inattentive managers, and slovenly bookkeeping were heard from various quarters, with many of these issues predating current city leadership.

Many Council members have long grappled with how best to oversee the HACM, which is not a formal City agency, despite its long relationship with our government. It has been a point of frustration to identify what falls into the Common Council’s purview and what does not. One possible solution the Council can enforce would be to end a longstanding “handshake agreement” between our Department of Neighborhood Services and the HACM, under which the latter was treated differently from every other landlord and has been able to avoid regular inspections and enforcement for noncompliance.

On Monday, September 25, 2023, the Steering and Rules Committee will take up an ordinance that accomplishes this goal by directing the Department of Neighborhood Services to inspect and, if necessary, cite the HACM for violations of our ordinances. It is well past time the city’s second largest landlord play by the same rules as everyone else.

The public release of the federal Department of Housing and Urban Development’s review of the HACM’s Housing Choice Voucher program has made clear how dysfunctional the authority’s operations have become, and underscores the need for action, such as that in the proposed ordinance. The report is a damning account of inefficiency, incompetence, and a fundamental lack of accountability, all involving public funds intended to benefit some of our most vulnerable residents.

Recommendations were made for improvements that were, it seems, never carried out. I have written to the author of this review to ask how the HACM will be held accountable for not following previous recommendations and what will be done to ensure they are followed in the future.

I look forward to a transparent and productive conversation on these issues related to the HACM at Monday’s committee meeting.

See the article online here.

What are your thoughts on this development? Post your comments below.

Welcome RPA's newest intern!

Wed, 20 Sep 2023 15:00:00 GMT

By Mike Cottrell, RPA President

I'm happy to welcome Lily Johnston as an intern to our RPA team! During her time with us, she'll be helping the board on a variety of tasks including events and marketing, social media, and more.

Welcome to the team Lily!

Legislative Update

Tue, 19 Sep 2023 02:00:00 GMT

By Dawn Anastasi and Tim Ballering, RPA Board Members

Here are some of the top legislative issues that RPA is working on. We went into more detail on these at tonight's general members meeting.

Want the full scoop on legislative issues? Be sure to attend the next in-person membership meeting on Monday, November 20, 2023.

Legal Action petitioned the WI Supreme Court to seal all evictions after one year

The Association, represented by Attorney Heiner Giese, opposed the proposal in oral arguments on September 7th. The grounds for our opposition are:

The proposal directly conflicts with Wisconsin Statute 758.20 that a case cannot be removed for 10 years if a writ of restitution was granted in an eviction action and dismissed and no money judgment must remain available for at least 2 years.
The real victims of the proposal are good renters who have never been evicted and now must compete equally for limited housing with renters who may have multiple evictions.
Owners are increasing screening and deposit requirements because of free attorneys are slowing evictions and case sealing makes screening harder.

EPA proposed zero lead dust level

This would make most urban housing unsustainable. Zero is unattainable in new housing in urban areas.

Please make your comments at https://bit.ly/EPA-zero

Deb Heffner is returning to Community Advocates to run the Rental Housing Resource Center

This is good news. Note, however that the WERA money for Milwaukee is gone. The rest of the state, excluding Milwaukee, Waukesha, Dane, and Brown Counties, received an additional $9.4 million.

Proposed mandatory insurance disclosure

Robin Vos is considering proposing mandatory disclosure by a landlord if they have liability insurance. This was in response to the deeply flawed “Wires and Fires” article by the Journal.

We oppose the proposal as we fear it will increase fraudulent claims, thereby increasing insurance premiums for all owners. We will use this conversation to force insurers to provide reasonably priced insurance to property owners in all areas of the state. The Wall Street Journal reports that 12% of residential properties nationwide are uninsured due to costs.

The City of Milwaukee appears to be charging owners for yard clean-ups without proper notice

The legislative committee will invite Erica Roberts, head of DNS, to one of our meetings to discuss the issue and work to resolve it. There are perhaps millions of dollars of improper charges.

Elmer Moore - The head of WHEDA has agreed to speak at the October RPA Trade Show

WHEDA has some exciting new programs that may be advantageous for owners, neighborhoods, and renters

Be sure to sign up for the RPA Trade Show, being held on October 27.

Free Lead Abatement

Heiner and Tim have ongoing discussions with SDC regarding lead abatement grants that should be available to owners in Milwaukee County.

Hybrid Eviction Court

The Legislative Committee is working with the Milwaukee County Courts in an attempt to get eviction first hearing to be available either in person or online.

Rent Control Is The Wrong Solution For Housing Affordability

Sat, 16 Sep 2023 01:00:00 GMT

By Tyler Durden, Zero Hedge

The argument that landlord “greed” warrants government intervention in private property contracts is specious.

Months’ worth of modest profits can easily be wiped out by a broken water heater, tree removal, or roof replacement—situations I have dealt with.

Troublingly, the failed retro housing policy of rent control is experiencing a revival led by liberal activists, lawmakers, and regulators.

Rent control is not the solution to the lack of affordable housing; it creates more problems than it solves. The best way to reduce housing costs would be to increase the housing supply; sadly, rent control works against this.

Limiting rental prices may appear to be financial relief. However, rental control experiments have led to unsavory outcomes: deteriorating properties, racial segregation, discrimination against younger renters and larger families, and greater income inequality.

Read the full article here

How to Determine if a Rental Property is Covered by the CARES Act

Thu, 07 Sep 2023 15:30:00 GMT

By Dawn Anastasi, RPA Board Member

You may have heard at a recent RPA Landlord Boot Camp, RPA blog post, or other RPA event about the CARES Act.

The CARES Act requires rental property owners to provide a 30-day notice to tenants prior to eviction for nonpayment of rent if the rental property is a "covered property."

Okay, so what's a "covered property"?

The term “covered property” includes any property that participates in certain federal housing programs or that has a federally backed mortgage loan.

Here are two ways to search to see if a property is covered by the CARES Act:

The National Low Income Housing Coalition (NLIHC) has a searchable database that helps identify if a property is covered by the CARES Act.
FHA-insured or multifamily-assisted properties can be searched using the database at HUD.

Keep in mind that if the rental property owner receives funds from the Rent Assistance program through the Housing Authority, that property is also covered through the CARES Act.

Do you have further questions on the CARES Act? Comment below!

Fix for rent assistance: Have tenants pay rent to county, not landlords

Tue, 05 Sep 2023 22:00:00 GMT

This article by David J. Decker proposes an interesting solution -- have tenants pay Rent Assistance to the Housing Authority, not to landlords. The Housing Authority can pay the landlord the rent in full.

Read the full article here

Excerpt from the article:

The existing assistance formula usually requires tenants to pay at least a small portion of their rent, for example, $100 per month. This is good policy, but it puts landlords in an awkward position. While the county can be trusted to make its payments, sometimes the tenant does not. The landlord is faced with a conundrum. Landlords can beg and cajole tenants and request payment, but the only tool with any consequences is eviction. However, is a landlord likely to file an eviction costing $150 or more to recover a $100 delinquency? Unlikely.

Instead, the delinquency may fester until the amount demands action. That amount could be $400 or more. While seemingly a relatively small sum, for the county aid recipient, this represents four months of rent. They are unlikely to be able to pay and will face eviction. Now everyone loses. The landlord is unlikely to ever recover these funds and the tenant is forced out of their home.

The remedy is obvious. Have the aid recipient pay their portion of the rent to the county and have the county pay the landlord in full. Now the county can decide when to be patient. The county will know more about what is going on with their clients and how well their recipient screening process is working.

What do you think of this idea? Post your comments below!

New Paper on Low-Income Rental Housing

Mon, 04 Sep 2023 15:26:49 GMT

By Dawn Anastasi, RPA Board Member

This paper was discovered by one of our members while using Google Scholar. The paper was submitted as someone's dissertation for their Doctor of Philosophy in Organizational Behavior from Case Western Reserve University.

This paper is 399 pages, so not a bit of "light reading" but those who like reading long research papers may find this interesting.

The author, Anna Perlmutter, has spent the last 8 years as a landlord for lower-income tenants in Cleveland.

On page 5 of the paper, the author writes:

Small-scale, private market landlords work independently and are often structurally disconnected – with loose information networks and few integral ties to organizational participants.

One of the RPA's goals is to connect rental property owners not only to each other, through our monthly events and social outings, but also to outside resources such as Mediate Milwaukee, the Housing Authority of the City of Milwaukee, and more. And yet our membership doesn't contain all rental property owners in southeastern WI. Why do some rental property owners choose to operate as islands instead of making beneficial connections with others and invest in additional knowledge for themselves?

Also on page 5, the author continues:

This is evidenced by missed opportunities to engage landlords by public sector interventions and the widespread mistrust between landlords, tenants, and public/nonprofit sector professionals (PNPs) across the field.

The RPA has seen this many, many times over. We are constantly fighting to "get a seat at the table" at housing discussions by the city and state. We are constantly trying to fight bias by the media.

Do you know of other landlords who are not part of the RPA? If so, encourage them to join (or re-join if they have been past members). The RPA works hard to provide networking, educational, and legislative work for our members.

Read the entire paper here

Save 20% on Your Bagster® Bag Collection

Fri, 01 Sep 2023 13:00:00 GMT

Milwaukee housing; city leaders seek public opinion on what works

Tue, 29 Aug 2023 00:00:00 GMT

By Christina Van Zelst and FOX6 News Digital Team

"I think we need to do something about corporate landlords taking over entire neighborhoods, buying their property so the regular, every day people can afford to purchase a home," Jackson said.

If you would like to share your thoughts on housing in Milwaukee, officials have made it possible on the Grow MKE website.

See the full article here

National rent control will make the housing crisis worse — here’s why

Wed, 23 Aug 2023 01:00:00 GMT

By Sharon Wilson Geno

Our current housing crisis is the result of decades of broken policy and repeated unwillingness to invest needed government resources in housing. The pandemic then drove the cost of housing way up due in large part to dramatic increases in uncontrollable costs, such as insurance and state and local taxes.

Rent control discourages builders from building the amount and the variety of homes needed to keep housing costs in check and upgrading existing homes. Over time, it creates a “worst of both worlds” scenario: It widens the shortage of affordable homes while also causing the existing housing stock to decay and deteriorate.

Moreover, rent control is wildly inequitable. It gives the well-off the same access to rent-controlled apartments as lower-income families who need assistance most. It incentivizes every renter, no matter their income or wealth, to stay in their apartment much longer than they otherwise would, even when their apartment no longer fits their needs. This creates fierce competition for a smaller number of vacant units. Studies shows that rent control supports more upper-income and white renters than those of moderate income and people of color.

This isn’t theoretical; the dynamic has been observed time and again in empirical studies by researchers of all political persuasions.

Read the full article here

How one man is fighting law that lets landlords reject tenants with drug distribution records

Fri, 18 Aug 2023 00:00:00 GMT

By Tim Ballering, RPA Board Member

See the link to the article from Milwaukee Neighborhood News Service Here

Yusuf “Joe” is an impressive guy and an asset to our industry.

The Legislative Committee supports his efforts to repeal the Thurmond Amendment. Crimes committed by a 16-year-old, with the last arrest at 18, should not harm them twenty productive years later.

In addition to being the past president of the Association, Joe is a Princeton Alumnus and, until this summer, the Director of the Dyer School for Innovation and Entrepreneurship at Lafayette College, PA. He runs the Real Estate Lab in Allenton.

Here are links to his Prison to Princeton and TED talk videos. They are short and worth viewing.

Do your Teens Work for You in Your Rental Business? Consider Allowing them to Capitalize on "the Greatest Money Making Asset"

Thu, 10 Aug 2023 14:00:00 GMT

By Dawn Anastasi, RPA Board Member

Note: RPA does not offer financial advice. All suggestions or ideas noted in this article should be discussed with a financial professional, such as a CPA or financial advisor.

Did your teenagers work for you this summer helping out with your rental properties? Do they help out during the year on weekends? If you pay them, consider allowing them to capitalize on the greatest money-making asset they have -- TIME.

“The greatest money-making asset any person can possess is time, and young people have more of it than anyone,” said Ed Slott, an IRA expert and certified public accountant.

Post-tax earned income can be used to make Roth IRA contributions. Roth IRA contributions can be withdrawn before retirement, tax and penalty free.

Eligibility to contribute to a Roth IRA also generally depends on how much you earn. Since workers may no longer qualify for Roth IRAs later in their careers when their incomes are higher, that also makes it advantageous to get started with these accounts early.

Why Federally Mandated Rent Control is a Bad Idea

Tue, 08 Aug 2023 22:00:00 GMT

By Dawn Anastasi, RPA Board Member

With the recent discussion from the government about implementing rent control on a federal level, there's been some articles and discussion refuting that this would be a good idea.

Here is a fantastic article about how Rent Control would not work in the long term and why:

Rent Control Recidivism

Here are some excerpts:

Rent control undermines landlords’ incentives to provide the services tenants want, because it denies landlords the ability to receive adequate compensation to make their efforts worthwhile.

There seems to be a mistaken belief in some circles that 100% of the rent collected by a property owner goes into that owner's pocket. This ignores all the expenses that go into running a property, which include property taxes, insurance, routine maintenance, lawn care, utilities, etc.

Anyone who does a non-volunteer job generally expects to be paid. Rental property owners are no exception.

But as Swedish economist Assar Lindbeck asserted, “In many cases rent control appears to be the most efficient technique presently known to destroy a city—except for bombing.”

The article highlights the three key points why Rent Control is a mistake:

Rent Control denies landlords the ability to receive adequate compensation.
Rent Control may temporarily help current tenants, but will hurt future prospective residents.
Rent Control will make less rental housing available which will worsen, rather than addresses, the problem of insufficient housing supply.

Be glad you're not a Seattle landlord

Tue, 01 Aug 2023 22:00:00 GMT

By Attorney Heiner Giese

The attached is a comment submitted to the Federal Housing Finance Administration by Goodman Real Estate, owner of a 254 unit low income housing building in Seattle.

It is very succinct -- readable charts showing how a formerly profitable building declined dramatically from 2018 to 2022 due to various "tenant friendly" laws passed by the State of Washington and the City of Seattle.

Attachment

Comment submitted on FHFA "Tenant Protections" issue

Mon, 31 Jul 2023 17:00:00 GMT

By Attorney Heiner Giese

I submitted the following comment on behalf of the RPA to the Federal Housing Finance Administration's Request for Input (RFI) regarding the creation of tenant protections at multifamily properties with FHFA-backed mortgages:

The attached two files are a comprehensive study of all 1,101 residential eviction actions filed in Milwaukee County, Wisconsin in December 2019. The study was published in March 2022 with December 2019 being selected because it was the last month without the need to consider the effects of the Covid-19 pandemic.

The study confirms much academic and other research which establishes that well over 90% of all evictions are filed due to nonpayment of rent. The study refutes a misleading narrative that evictions are often filed for $500 or less of rent delinquencies. Conversely, our study shows $1,436 as the average amount requested in an eviction complaint and $2,672 as the average judgment granted for lost rent and damages.

The study refers to other research which refutes the narrative about Milwaukee landlord “Sherrena” presented in Matthew Desmond’s widely read book EVICTED. Desmond asserted that this landlord renting to low income tenants was operating a very lucrative rental property business. However, she had brought over 70 evictions and actually lost all 18 of her properties to mortgage and tax foreclosures.

Any measure of increased tenant protections must consider that lengthening the time a nonpaying tenant can stay in a property will increase costs and result in higher rents to other low income tenants.

RPA Eviction Study

Rental Housing News from Around the Country

Fri, 28 Jul 2023 17:00:00 GMT

Compiled by Dawn Anastasi, RPA Board Member

St. Petersburg, FL -- Effective July 1, a new Florida law forbids municipalities from regulating tenant-landlord relationships, including ordinances that carve out stronger protections for renters. St. Petersburg officials recently began the process of repealing its own Tenant Bill of Rights to comply with state law.

Read the full article here

Los Angeles, CA -- LA tenants have until August 1 to pay 18 months of back rent.

Daniel Yukelson, executive director of the Apartment Association of Greater Los Angeles, said tenants have known for nearly three years they would need to repay back rent.

“During that entire time, some have not made any attempts to repay their obligations, and simply have waited around for some miracle to make a large, lump sum payment, which they are unlikely able to do,” Yukelson told the Daily News in an email. “It is time for the city of Los Angeles to stop babysitting these adults.”

Read the full article here

Jersey City, NJ -- A group of landlords wants to overturn Jersey City’s “right-to-counsel” legislation, which would provide free lawyers to renters facing eviction by 2025.

The Jersey City Council passed a pair of ordinances last month guaranteeing low-income tenants free legal representation in housing court, using future developers’ fees to pay for it. On Wednesday, the Jersey City Property Owners’ Association sued the city, claiming the new rules exceeded the city’s taxing authority and its municipal powers conferred by the state.

“It’s a tremendous intrusion into private contractual rights,” said Charles Gormally, an attorney representing the association.

The civil complaint was filed in Hudson County Superior Court and alleges the city is creating a new form of taxation that only benefits a group of private residents: tenants who make 80% or less of the area's median income and are eligible for free counsel.

Read the full article here

Section 8 Legislation Introduced in House

Thu, 20 Jul 2023 22:00:00 GMT

On July 13, 2023, legislators in the U.S. House of Representatives reintroduced the Choice in Affordable Housing Act (H.R.4606).

If enacted, the bill would:

Create grants to incentivize housing provider participation in the HCV program;
Provide security deposit assistance for low- and moderate-income renters and protects owners’ investments;
Allow greater flexibility in the scheduling of unit inspections and
Establish subsidies for program administrators, Public Housing Authorities, to hire a dedicated landlord liaison.

Full Article from the National Apartment Association

Biden-⁠Harris Administration Takes on Junk Fees in Rental Housing to Lower Costs for Renters

Wed, 19 Jul 2023 17:00:00 GMT

See the full article here: White House Press Release

Today, President Biden is announcing a new front in his crackdown on junk fees: rental housing. From repeated rental application fees to surprise “convenience fees,” millions of families incur burdensome costs in the rental application process and throughout the duration of their lease.

These fees are often more than the actual cost of providing the service, or are added onto rents to cover services that renters assume are included—or that they don’t even want.

Today, the President will outline several new, concrete steps in the Administration’s effort to crack down on rental junk fees and lower costs for renters, including:

New commitments from major rental housing platforms—Zillow, Apartments.com, and AffordableHousing.com — who have answered the President’s call for transparency and will provide consumers with total, upfront cost information on rental properties, which can be hundreds of dollars on top of the advertised rent;
New research from the Department of Housing and Urban Development (HUD), which provides a blueprint for a nationwide effort to address rental housing junk fees; and
Legislative action in states across the country—from Connecticut to California—who are joining the Administration in its effort to crack down on rental housing fees and protect consumers.

These companies are making the following announcements:

Zillow is today launching a Cost of Renting Summary on its active apartment listings, empowering the 28 million unique monthly users on its rental platform with clear information on the cost of renting. This new tool will enable renters to easily find out the total cost of renting an apartment from the outset, including all monthly costs and one-time costs, like security deposits and application fees.

Apartments.com is announcing that this year it will launch a new calculator on its platform that will help renters determine the all-in price of a desired unit. This will include all up-front costs as well as recurring monthly rents and fees. The Apartments.com Network currently lists almost 1.5 million active availabilities across more than 385,000 properties.

AffordableHousing.com, the nation’s largest online platform dedicated solely to affordable housing, will require owners to disclose all refundable and non-refundable fees and charges upfront in their listings. It will launch a new “Trusted Owner” badge that protects renters from being charged junk fees by identifying owners who have a history of adhering to best practices, including commitment to reasonable fee limits, no junk fees, and full fee disclosure.

Stop Federal Rent Control

Tue, 18 Jul 2023 20:00:00 GMT

On May 30, the Federal Housing Finance Agency (FHFA) issued a Request for Input on tenant protections. This exercise could result in the adoption of a range of negative policies including national rent control, a “source of income” mandate requiring acceptance of Section 8 vouchers, just cause eviction requirements that effectively prohibit nonrenewals, and extended notice procedures for residents in federally-backed properties, to name a few.

As the FHFA considers expanding federal landlord and tenant requirements on Fannie Mae and Freddie Mac-backed properties, it is essential for members of the rental housing industry like you to provide perspective about your business practices.

The feedback FHFA receives will inform their future decision-making, so it is critical that the agency hears directly from our industry. This is your chance to engage directly to protect your business and your communities from potential harmful policies!

The deadline to submit comments is July 31.

Take action TODAY!

BIG NEWS! Small Claims court going back to in-person on August 14

Sat, 15 Jul 2023 18:00:00 GMT

By Attorney Heiner Giese

Deputy Chief Judge William Pocan has announced that small claims cases in Milwaukee County will return to in-person hearings starting Monday, August 14.

The schedule will be the same as before COVID: Collection cases in the AM, Return date for evictions at 1:30 and adjourned eviction cases at 2:30. Also (good news!) affidavits of noncompliance will be taken as walk-ins at 2:30 daily.

At 11:00 AM is the time set for walk-ins asking for a case to be reopened. This will mostly be tenants but could be landlords who maybe missed a return date and had their case dismissed.

There will be three commissioners assigned to return date and adjourned date hearings and a fourth commissioner iin SC4 will conduct trials.

Judge Pocan said that requests could still be made to appear via Zoom. He gave examples of illness, no child care, etc. and in those cases the CC will have a screen in their hearing room to allow participation via Zoom.

Recent Article from the Journal Sentinel on Rent Assistance

Tue, 11 Jul 2023 15:00:00 GMT

By Dawn Anastasi, RPA Board Member

An article published today by the Journal Sentinel states:

Milwaukee County is looking for new ways to get landlords to accept more renters who use housing vouchers.

The article also included a statement from Milwaukee County Board Supervisor Shawn Rolland:

"If Milwaukee County cannot use a metaphorical stick to force landlords to accept tenants with a Section 8 voucher, then we should consider offering a carrot," Rolland told the Journal Sentinel.

However, I don't think Milwaukee County is taking into account the Housing Authority's own statement (as mentioned in my previous blog article) that the HACM Section 8 program has over 15,000 people on the waiting list.

Isn't the actual problem that there's not enough housing vouchers for everyone who wants one?

What did you think when you read this article? Share your thoughts in the comments below.

Heartland Housing Developments Go Bust

Mon, 10 Jul 2023 17:00:00 GMT

By Attorney Heiner Giese

The eviction moratorium which ended in August 2021 is still having some aftereffects. A major Milwaukee nonprofit housing provider has gone into receivership. One of Heartland Housing's developments is the St. Anthony's apartments for the homeless at 1004 N. 10th St. Four other apartment complexes are also in the receivership.

A Milwaukee apartment development for homeless people faces questions (jsonline.com, Subscribers Only)

The problems at St. Anthony's are partly tied to the 2020-'21 federal evictions moratorium. It was enacted after unemployment soared during the COVID-19 pandemic.

The moratorium, along with property management issues, caused rent collections to fall short, said Don Laackman, chief program officer at Heartland Alliance. The Chicago-based nonprofit social services provider is the parent of Heartland Housing.

HACM Housing Unit Inspections

Sat, 01 Jul 2023 16:00:00 GMT

HACM (Housing Authority of the City of Milwaukee) provided a handout on inspections during their Section 8 Providers meeting on 6/29/23.

General Info

Inspection times are 9:00am-12:00pm or 1:00pm-4:30pm
Inspectors may be able to call before coming if you request it
Rehab work and material should be unobtrusive during inspection
Unit must be vacant or occupied by the voucher tenant
An inspection cannot take place if the unit is occupied by a non-voucher tenant
Adult (18+) representative of landlord or tenant must be present during the inspection
Approved voucher units require an inspection every other year, or upon a new voucher tenant
Inspectors will review all common areas that tenants can access including basements, attics, and garages (the unit may fail if the inspector cannot get in)

Common Items that Cause an Inspection to Fail

10 year battery sealed smoke detectors and carbon monoxide detectors are not found within 6 feet of each bedroom and living area
Doors and/or windows are not secure
Windows on the first floor are missing locks
At least one window per room is missing a screen
Plumbing leaks (including a dripping faucet)
Low water pressure
Peeling or chipping paint
Handrails that aren't secure
Guardrails that aren't secure on outside staircases and porches
Non-working light fixtures
Uncapped, unused gas lines
Dirty carpet
General cleanliness isn't up to par
Bathrooms that don't have a fan or window ventilation
Outlets that aren't grounded or have proper polarity
Operating stove and refrigerator missing from the unit

What Qualifies as a Bedroom?

Closet or movable wardrobe, or one in close proximity to the room's door, such as in an adjacent hallway
Minimum 70 sqft
Minimum 7 feet ceiling height
Heat source
Privacy door
Operable window (with screen)
Cannot be a walk-through
Must have an overhead light OR a minimum of two separate electrical outlets

How to Schedule an Inspection?

Call (414) 286-5658
Email section8inspections@hacm.org (preferred)

SDC Closes MERA Applications July 1st

Fri, 30 Jun 2023 20:30:00 GMT

Press Release from SDC (Social Development Commission):

The Social Development Commission will no longer be accepting applications as of Saturday, July 1st for the Milwaukee Emergency Rental Assistance Program, also known as MERA, due to funds exhausting. SDC will continue to process applications that have been received up to June 30th on a first come, first serve basis.

However, no new applications will be accepted starting July 1st.

The MERA Program is funded by the Federal Government through the State of Wisconsin and the City of Milwaukee to help Milwaukee residents recover from the impact of COVID. SDC is proud to say that we have helped over 10,000 households in the city of Milwaukee.

Putting out more than $90 million dollars in the community helping families stay in their homes. On average SDC paid $4,000 in rent and utilities and on some occasions up to 8 months. This support has helped many Milwaukee residents restart their lives, regain employment, and come out of the pandemic with a better outlook.

As these funds diminish, SDC recognizes the continued need for assistance and the many people who are still unable to pay their monthly rent and utilities. The impact of the pandemic is still being felt to this day. We look forward to more transformative approaches as we continue to empower Milwaukee County residents with the resources to move beyond poverty.

Information Regarding Rent Assistance (Section 8)

Thu, 29 Jun 2023 16:30:00 GMT

By Dawn Anastasi, RPA Board Member

This morning I went to the Section 8 Housing Providers meeting hosted by Steve Fendt and Jacqueline Martinez of Housing Authority City of Milwaukee. Alexi Millard, Landlord Engagement Coordinator for Milwaukee County Rent Assistance, was also there. I would say there were about 100-130 landlords and other attendees there (including Mediate Milwaukee for example).

Here is a summary of the notes I took during the meeting as well as some of the information from the handouts.

Housing Statistics by the Numbers

There are approximately 15,000 people on the waiting list for Section 8 in Milwaukee County
Over 1500 private housing providers in the City of Milwaukee receive voucher payments each month directly from the Housing Authority of the City of Milwaukee (HACM).
Over 6000 eligible households receive housing assistance through vouchers in Milwaukee.

Issues Landlords Reported working with HACM in the Past

Communication
Inspections
Rent Reasonableness
Tenant Accountability

How HACM is Working to Resolve these Issues

Rental property owners help make housing affordable by partnering with HACM and the Milwaukee County Rent Assistance programs.

1) Communicating with HACM

Phone calls are difficult for staff to return
Use email if possible, it's faster
Offices were shut down during COVID however are now open on Tuesdays and Thursdays

2) Inspections

HACM has put out a one-page guide to help rental housing providers more easily understand what the inspector is looking for.
One source of confusion is that a stove and refrigerator must be present at the time of inspection.
A new email address for scheduling inspections may help. (The phone number 414-286-5658 is also available.)

3) Rent Reasonableness

In the past, there wasn't enough transparency as to how the amount HACM would pay for a rental was derived.
As of March 2023, HACM has partnered with AffordableHousing.com which is free.
This website gives you a free rent estimator so you can see if your rent is in a reasonable range.
HACM staff try to find comps within a 2 mile range that are at least 80% compatible (same # of bedrooms, etc)
Amenities like ceiling fans, etc can help boost how much rent you can collect.

4) Tenant Accountability

If the rental housing provider sends out a 30-day notice to pay rent or vacate to a Section 8 tenant, they must also send a copy to the Rent Assistance office.
HACM shared a copy of the letter that they will send out to the tenant to try to hold them accountable.
Organizations like Mediate Milwaukee can also get involved to work with the owner/tenant on an agreement.

HACM hopes to have more of these meetings between rental housing providers and their staff in the future, in order to improve communication and transparency.

In addition, a new landlord portal is launching soon with some features landlords should find helpful.

Rent ledger
Case worker info
Inspection reports
Ability to add/change banking info for direct deposit

Have you worked with Rent Assistance in the past? If not, would the information above encourage you to work with them again?

Save 20% on Your Bagster® Bag Collection

Tue, 27 Jun 2023 20:00:00 GMT

HUD Fair Market Rent ("FMR") Methodologies and Opportunity to Comment on Proposed Change

Sat, 24 Jun 2023 00:00:00 GMT

By Dawn Anastasi, RPA Board Member

Connor Goggans, the Lead Community Intervention Specialist for the Milwaukee County Housing Division, recently shared with RPA the upcoming proposed changes for calculating Fair Market Rents (FMRs).

This is a 17-page document, so to summarize for our members, here are some of the notable points:

The primary uses of FMRs are to determine payment standards for the Housing Choice Voucher (HCV) program, to determine initial renewal rents for some expiring project-based Section 8 contracts, and to serve as rent ceilings for rental units in both the HOME Investment Partnerships Program and the Emergency Solutions Grants Program and a primary rent standard option for the Housing for Opportunities for Persons With AIDS (HOPWA) program.

To better determine payment standards and related parameters for HUD programs, HUD proposes changes in how FMRs are calculated in this notice and seeks public comment on the proposed changes.

The comment period ends on July 24, 2023. HUD accepts comments either by postal mail or via email, however email is the preferred delivery method.

Interested persons may submit comments electronically through the Federal eRulemaking Portal at http://www.regulations.gov. Comments submitted electronically through the website can be viewed by other commenters and interested members of the public.

Note that in order to submit a comment, you'll need to reference Docket No. FR-6401-N-01.

Back in September 2022, HUD published a similar notice to the above and solicited feedback. Here is some of the feedback they received:

Many commenters expressed that recipients of Housing Choice Vouchers are facing decreasing success rates in finding housing at the current FMR rates due to steep rent increases. Some commenters stated that the gaps between the FMR and market rates are making it harder for assisted families to find affordable housing because FMRs fail to reflect actual rent prices and, as a result, more voucher holders are priced out of local rental housing inventories.

In years past, I also saw the same issue where rent amounts that were allowed by the Section 8 program did not match that of market rents.

Commenters also suggested additional transparency about the use of private data sources when calculating the gross rent inflation adjustment factors. These commenters specifically recommended that HUD publish reports documenting FY2023 FMRs that were adjusted using private sector rental data as well as the geographies and the prior inflation adjustment where the private data are used.

One commenter said that the average person cannot understand HUD’s methodology for calculating rent and that rents should be based on advertised housing prices. Another commenter stated that the FMR does not consider actual rent prices and requested that HUD abandon their current FMR calculation method.

I have to say that I agree with the commenters above. In the past, it wasn't clear how HUD was directing the housing authority to determine the maximum allowed rent since it seemed so far below market rent.

So how does HUD calculate FMR (fair market rent)? Based on the document provided, it's actually a 7 part process. Here's a summary of the parts evaluated:

Base Rent. First, HUD establishes a “base rent” for two-bedroom units from the 5-year 40th percentile estimates of gross rent from the ACS.
Recent Mover Adjustments. HUD then adjusts the base rent using a “recent mover adjustment factor” that is based on the ratio of the estimate of gross rent paid by recent movers from the 1-year ACS (American Community Survey) to the estimate of gross rent paid by all renters from the 5-year ACS for the smallest level of geography containing the FMR area that contains statistically reliable 1-year data.
Inflation Adjustment. HUD then accounts for inflation from the ACS year by applying a “gross rent inflation factor,” which is calculated from the Consumer Price Index (CPI) as produced by the Bureau of Labor Statistics (BLS).
Trend Factor. Because it calculates FMRs ahead of each fiscal year, HUD provides a further inflation adjustment in the form of a “trend factor.” The trend factor represents the expected future level of the gross rent CPI for the upcoming fiscal year compared to the most recent actual gross rent CPI.
State minimum FMRs. Additionally, HUD calculates state minimum FMRs based on the median FMR for non-metropolitan portions of each state.
Bedroom Ratios. HUD calculates FMRs for unit sizes other than two bedrooms by applying “bedroom ratios” calculated from the relationships between rents for units of different sizes according to the 5-year ACS.
Limit on Decreases. Finally, HUD does not allow an area’s FMR to decline by more than 10 percent.

Whew! Did you get all that? Now I can understand the statement "One commenter said that the average person cannot understand HUD’s methodology for calculating rent and that rents should be based on advertised housing prices."

Interested in reading the full document? Click here to visit HUD's website.

Do you have any tenants on Section 8 / Rent Assistance?

Have you faced any of the issues described above?

Share your experiences in the comments below!

Milwaukee County to pause Emergency Rental Assistance applications

Tue, 13 Jun 2023 23:00:00 GMT

Milwaukee County is making their "last call" for applications for ERA (Emergency Rental Assistance) funds. In just one week, submitting new applications will be put on hold while existing applications are processed, to see if there will be any funds left to continue.

The Emergency Rental Assistance (ERA) fund was funded by the federal government. Milwaukee County has spent about $70 million of what it was allocated since 2021. Just $8 million remains.

"It is for households that were experiencing hardships during the pandemic," said Community Advocates CEO Andi Elliot.

Elliot said now is the time for people to be proactive about their home circumstances.

"My advice would be looking at your current situation and thinking about it now. This is maybe the time that you need to move on to something that's a little bit more affordable," she said.

See full article here

New "Eviction Diversion" Form Required for All Milwaukee County Residential Evictions Filed Starting 6/16/23

Tue, 13 Jun 2023 13:00:00 GMT

By Attorney Heiner Giese

This is per Directive issued by Chief Judge Carl Ashley.

Note that the form must be attached to the summons and complaint copy being served on the tenant/defendant and that it must be printed on yellow paper.

You can download the form here.

Milwaukee Landlord: Eviction is a reality in property management, but should be used as a last resort

Fri, 09 Jun 2023 21:00:00 GMT

An article recently appeared in the Biz Times by Milwaukee-area rental property owner Berrada Properties.

In it, Berrada Properties writes:

Evictions cost money, and not only in court costs. In many cases, evictions also result in unrecoverable rent payments and/or property damage to the apartment itself. It is truly in the landlord’s and the tenant’s best interest to avoid eviction.

Read the full article here.

WI-Based Housing News

Fri, 09 Jun 2023 00:00:00 GMT

Compiled by Dawn Anastasi, RPA Board Member

Here are a couple recent articles relating to Wisconsin based housing news.

Bipartisan Housing Bills Aim to Close Wisconsin’s Massive Affordable Housing Gap

To address its growing shortage of affordable housing, Wisconsin needs to build 120,000 additional rental units, Elmer Moore Jr., CEO of the Wisconsin Housing and Economic Development Authority (WHEDA), told an Assembly committee at a public hearing Thursday.

In an effort to encourage the massive increase in construction of affordable and workforce housing that is required to close that gap, a bipartisan group of legislators introduced a package of bills last week that would provide low or zero interest loans for several types of housing projects and take steps toward making it easier for developments to be approved at the local level.

The set of four bills establishes programs meant to increase the state’s housing stock but does not include any appropriations to fund those programs. Rep. Robert Brooks (R-Saukville), the chair of the Assembly Committee on Housing and Real Estate and an author of all of the bills, said at Thursday’s hearing that he was hoping the budget-writing Joint Finance Committee would allocate up to $850 million for the programs in the bill package.

$80 Million Emergency Rent Assistance Goes To 22,600 Households

The Milwaukee County Housing Division was the local government agency that passed the money along to organizations like Community Advocates to disburse to residents.

County residents could apply for assistance to pay back rent or to make future rent payments. Residents could meet the criteria for assistance if they or someone in their household qualified for unemployment, lost income or experienced financial hardship due to the pandemic.

But, unfortunately, the funding for the program is running out. The funding came from two pandemic stimulus bills passed in 2020 and 2021 respectvely. Funds from the first bill expired at the end of 2022 and it’s expected that the county will exhaust funds from the second bill by the end of August, Mathy said. The division will primarily focus on responding to applications that have already been filed and disbursing funds using until the money is gone.

Save 20% on Your Bagster® Bag Collection

Wed, 07 Jun 2023 17:00:00 GMT

Rent Assistance Programs

Wed, 07 Jun 2023 02:00:00 GMT

By Dawn Anastasi, RPA Board Member

Earlier today I met with two individuals from Milwaukee County Housing Services:

Connor Goggans, Lead Community Intervention Specialist
Alexi Millard, Landlord Engagement Coordinator

They shared information about Rent Assistance Programs and what you need to know as a landlord.

Here is a summary of this information:

Federally subsidized, tenant-based rent assistance: how does it work?

Funds are dispersed to assist eligible low-income families with rental housing
Agencies that receive funding manage rent assistance programs according to regulations
Rent assistance programs directly assist those it serves via direct payments, and sometimes, other attached services
- Tenant is responsible for a maximum of 30-40% of their monthly, gross, adjusted income towards rent
- Housing Assistance Payment covers rest of rent amount via direct payment to landlord (monthly)

Main Types of Tenant-Based Rent Assistance (TBRA)

Continuum of Care and Supportive Housing - serves homeless population with attached services, more financial support to reduce perceived risk of loss with more challenging backgrounds
Housing Choice Voucher - serves low income population, application process and eligibility requirements, portable

Typical Process for Landlords for TBRA

Contact agencies with programs and/or market units
Screen and select tenants
Upon acceptance of application for household with rent assistance, complete rent assistance program paperwork
Rent Assistance program reviews paperwork, processes, and inspects unit
Sign program lease and Housing Assistance Payments contract
Receive rent via mail and direct deposit/ETF
Annual renewal paperwork and reinspections

General Perks of Utilizing Rent Assistance

The government's portion of the rent is "guaranteed"
Administrative and supportive services –hands-on and collaborative
Ability to seek free listing service

General Perks of Utilizing Milwaukee County Rent Assistance

Eviction Prevention Program and mutual lease terminations to avoid eviction if necessary
Free furniture, and delivery for those moving from homelessness into housing (increases housing stability)
Landlord financial incentives, unit holdover agreements, and dedicated landlord engagement staff positions coming soon
Points of contact to help navigate County programs, resources, issues, and complex housing landscape

Tips for Best Utilizing Rent Assistance

Make the following clear when advertising unit availability:

You accept rent assistance
Screening criteria
Rent, address, tenant responsible utilities, and fuel types (gas or electric), among other details

Request pre-screening of your available units before completing and submitting paperwork to rent assistance program

Prepare units for Housing Quality Standards inspections prior to initial inspection

Complete and submit any rent assistance paperwork as quickly as possible, and electronically, if an option (pics are fine)

Reach-out with any issues with non-payment, lease violations, issues, etc. ASAP

Helpful Links

Milwaukee County Housing Services

HUD Housing Choice Voucher (Section 8) Landlord Resources Page

Impact 2-1-1 (Crisis Resource Hub for Available Services)

Key Contacts

Milwaukee County Section 8 - Damir Djidic

Milwaukee County My HOME - Jessica Shriver

Milwaukee County Housing First - Shaunton Harris

Sealing of Eviction Cases

Tue, 06 Jun 2023 17:00:00 GMT

By Atty Heiner Giese

I had an interesting case before Judge Davis in Milwaukee County.

The case had been settled with a stip in May 2022 providing for dismissal based on tenant paying $100 per month extra to catch up on $900 arrears. We consented to the sealing requested by Legal Aid attorney.

Tenant paid for a while, then fell behind in November and December, we got a writ in early January based on noncompliance, tenant moved out before writ was executed. In March we got a $1000 judgment for back rent (negotiated with Legal Aid though $1300 was due).

Then we moved to unseal her name. She also has several prior evictions with unsatisfied judgments.

The Legal Aid attorney argued against it, citing "inherent power of the court" and that the tenant's name was still searchable on the judgment docket.

Judge Davis went through her usual analysis about when a case can be sealed (public open records interest vs. private interest of tenant to find new housing, etc.), ultimately ruling in our favor to unseal the tenant's name. But at one point it sounded like she was going leave it sealed, noting that plaintiff had not objected, had in fact consented, when the first cause of action was dismissed.

The lesson is this: If you agree to sealing before the case is completely settled, if there is a pay-and-stay stip or if there is a date for future hearing on 2nd & 3rds you should specify that your consent or "no objection" to sealing is conditioned on the tenant living up to their end of any stipulated settlement. That will serve as an additional inducement for the tenant to live up to the stip so they don't lose the benefit of having the case sealed.

Free Fair Housing Training for Rental Managers

Thu, 01 Jun 2023 14:00:00 GMT

The Metropolitan Milwaukee Fair Housing Council is offering a free fair housing training seminar for owners and managers of rental properties in the City of Milwaukee! Whether you've been managing properties for decades, or are new to the rental industry, this seminar will offer important, up-to-date information about how to comply with fair housing laws.

Thursday, June 8 2023, 2:00 – 4:00pm
Washington Park Library, Finney Community Room
2121 N Sherman Blvd, Milwaukee WI 53208

Online registration

The seminar will cover a wide range of fair housing topics, including:

Local, state, and federal fair housing laws
Advertising units in compliance with fair housing law
Non-discriminatory negotiation with prospective tenants
Interacting with current tenants in a fair and legal manner
Reasonable accommodations and modifications for tenants with disabilities

While the seminar is free, attendees must register in advance.

If you need materials in alternate formats or other accommodations to access our services, please call 414-278-1240. This material presented during the seminar is intended for general information purposes only and does not constitute legal advice. Recording of the seminar is not permitted.

Local Housing News

Wed, 17 May 2023 15:00:00 GMT

Compiled By Dawn Anastasi, RPA Board Member

Here are some recent Wisconsin-based housing news articles:

Why Madison rents are rising so fast and won’t slow down

“When I talk about Madison experiencing a housing crisis, this is what I mean,” said Mayor Satya Rhodes-Conway, who made city incentives to develop more rental units a staple of her reelection platform this spring. “We are seeing symptom after symptom of years of failing to produce enough housing and, in some ways, this is the inevitable result.”

Research shows Badger State is short on houses, developers fight to keep up with demand

According to the Wisconsin Counties Association and Forward Analytics, 140,000 homes need to be built by 2030 to keep up with demand for folks under 65. It's a staggering number to avoid a state-wide housing shortage. Researchers aren't optimistic, but developers said they think it's doable.

"This is something that's been coming for a long time," Dale Knapp said. Knapp's the research director for the Wisconsin Counties Association and Forward Analytics. Over the last several years, he and his team tracked housing numbers across the state, finding supply simply isn't meeting demand.

"The shortage is being driven by the large baby boom that is retiring and essentially leaving the workforce, but like other generations, staying in their homes and they'll continue to," Knapp explained.

Knapp said this is a problem because the baby-boom generation is 20 percent larger than previous generations, leaving fewer homes for people in the workforce.

Rent increases in Wisconsin cities among the steepest in the US

According to data sets from two rental-listing aggregator businesses, average monthly costs for 1- and 3-bedroom rentals in Wisconsin have jumped by as much as 25% since 2021.

In the United States as a whole, annual rent increases have remained under 10%, said Jonas Bordo, CEO and cofounder of rental marketplace Dwellsy, which provided national-level and Wisconsin city-level data for this analysis. That’s still twice a pre-covid era annual rate increase of around 4-5%.

50 New Homes For Early-Childhood Educators

A new partnership aims to build 50 affordable, owner-occupied homes for early-childhood educators that will help the future owners build wealth, while chipping away at the minority homeownership gap, improving neighborhoods and encouraging more workers to pursue a career in child care.

The homes, 1,000-square-foot, single-story structures, would be built on vacant lots near five early childhood centers. Each house would have three bedrooms, one full bathroom and a full basement.

According to a financing model included in the RFP, the funding will be allocated as a $109,000-per-home grant to a developer to close the gap between the estimated $209,000 cost to develop and build the house and the resulting $101,850 sale price.

The new homeowners would go through homebuying counseling and have an $87,000 30-year mortgage at 4% interest. The monthly mortgage payment, inclusive of taxes and insurance, is estimated to be $736 per month. Appliances are to be provided, as is a $15,000 downpayment.

Commentary on the Recent Eviction Case Mentioned in the Media

Mon, 15 May 2023 21:00:00 GMT

By Atty Heiner Giese

An eviction case involving Berrada Properties generated a story in the Milwaukee Journal Sentinel on May 14.

Jill Kastner, supervising attorney at Legal Action of Wisconsin, said the order is "going to have big impact on tenants in Milwaukee."

I disagree. This case WILL NOT HAVE A BIG IMPACT.

What happened here is that Berrada filed an eviction complaint without specifying what type of notice had been given to the tenant (it was a 5-day notice) or the day it was given. What Berrada said on the complaint was simply:

"Defendant(s) served with a termination of tenancy notice and failed to vacate the property."

The trial judge allowed the case to proceed but the appellate judge said the case should have been dismissed because the complaint did not sufficiently advise the tenant about the grounds for the eviction. The complaint did not state any dates on which anything happened. However, the appellate judge failed to consider that the tenant had received a notice which was dated and which would tell the tenant what she had to do to avoid an eviction.

Almost all evictions filed by landlords in Milwaukee County do at least state enough basic facts to let the case proceed. In fact, Legal Action admitted in its reply brief that "every other landlord in Milwaukee County" includes sufficient notice in their eviction complaints.

For example: Tenant was served on May 10, 2023 with a 5-day notice to pay delinquent rent or vacate the premises. Tenant has failed to pay the rent owed and has not vacated the premises. The amount of damages are to be determined.

That should be sufficient for the complaint.

Interestingly, the attorneys on both sides and the appeals judge failed to consider the correct solution when a bare-bones, unclear complaint is filed and the defendant is uncertain how to respond. Such a case should not be dismissed. The tenant's attorney should have filed a "motion for more definite statement" under sec. 802.06(5):

(5) Motion for more definite statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading. The motion shall point out the defects complained of and the details desired.

This case is by one appellate judge, is unpublished and is not legal precedent.

But Berrada had filed an amended complaint which named a wrong address and a wrong defendant's name. That was a separate ground to dismiss the complaint so the appeals court WAS correct to dismiss the eviction on THAT basis.

Link: Court of Appeals Decision (PDF)

Housing News From Around the Country

Sat, 13 May 2023 17:00:00 GMT

Compiled By Dawn Anastasi, RPA Board Member

Los Angeles, CA -- Delinquent tenants in the greater Los Angeles market owe an estimated $1 billion in unpaid back rent as the city enforces new renter protections. Los Angeles extended a prohibition on evicting tenants for having unauthorized pets or occupants in their apartments. In addition, it renewed a rent freeze on rent-controlled apartments until next year. Landlords are no longer allowed to evict tenants in any rental property, including single-family homes, unless there was unpaid rent, documented lease violations, owner move-ins or other specific reasons. The provision starts after six months or when a lease expires, whichever comes first.

California landlords, who have sued local governments over eviction laws, say there is no longer any pandemic justification for many renter protections, according to the Journal. In some cases, landlords say, tenants have taken advantage of the laws as an excuse to not pay, straining small operators who may own only one or a handful of units.

Read the full article here.

Detroit, MI -- A proposed ordinance seeks to end the ability for an owner end a tenancy when they want to sell the property or plan a major renovation. “Selling the property or doing a major renovation, those are not just cause in the sense a tenant has done anything wrong,” said Julia Belian, law professor at University of Detroit Mercy.

Read the full article here.

DeKalb County, GA -- A U.S. Army officer says a squatter moved into her DeKalb County home while she was serving on active duty, and now she can’t have him evicted.

“He’s not a tenant. He’s a squatter,” Lt. Colonel Dahlia Daure said. She was renting out her metro Atlanta home, but after a $35,000 renovation, she put it up for sale. “I got a cash offer. It was under contract,” she said. That’s when Daure says Vincent Simon apparently moved in.

This week she served Simon with eviction papers, but he has a right to respond and have the case heard by a judge. Channel 2 Action News learned that Simon has a long criminal history, including convictions for guns, drugs and theft charges. Daure saw him moving giant safes into the house. Gray went to the home multiple times to try to talk to Simon. He never answered the door.

Read the full article here.

Jacksonville, FL -- Co-owners Patti Peeples and Dawn Tiura said they believe the squatting began in March, a short time after a tenant moved out. According to the police report, one of the women said they found the property on Zillow and signed a rental lease. On Tuesday morning the squatters were finally evicted from the home.

Now the owners are filing criminal charges. ″This has been a 40-plus day process that we have been unable to take repossession of a home that we own by squatters who broke in and inhabited our home and then destroyed it,” Peeples said.

Peeples and Tiura said they estimate about $15,000 to $20,000 worth of damages, from holes in the walls, ripped-out cabinets, dish-washing machine damage and even a stolen washer and dryer.

Read the full article here.

Appealing Property Assessments from 2022

Fri, 05 May 2023 21:00:00 GMT

By Heiner Giese, RPA Counsel

Attention Milwaukee Property Owners!

You will have received a notice like the one below from the City of Milwaukee’s tax assessor office.

It tells you that the assessed value of your real estate parcel has not changed for 2023. What it DOES NOT make clear is that you can still appeal last year’s assessment if it was too high and you missed the May 2022 deadline to file an appeal or if you have now decided that the assessment is too high and it should be appealed.

I recently spoke to two owners. One of them negligently let last year’s deadline pass (the assessment on his three unit building had been bumped by $50,000). The other owner lost the second stage of his appeal on a technicality. But owners can now appeal that 2022 assessment which has become the 2023 assessment.

You should go to www.Milwaukee.gov/AskAssessor to learn about your appeal rights.

The deadline is May 15, 2023.

Updated Nonstandard Rental Provision Form Available Now at Wisconsin Legal Blank

Thu, 20 Apr 2023 17:00:00 GMT

By Tristan R. Pettit, Esq.

A new and updated version of the Nonstandard Rental Provisions (NSRP) form that I draft is available for purchase at Wisconsin Legal Blank.

The need for the revisions were due to conversations that I had with the State (namely the Attorney General's Office) while defending a client of mine during a Civil Investigative Demand (CID). During our conversations, the AG's office informed me that it was their opinion that a NSRP cannot state that a landlord can deduct from a tenant's security deposit both a fee (set by the landlord) and the actual costs incurred by the landlord.

It is the AG's opinion that a landlord can only deduct from a tenant's security deposit for the actual costs incurred by the landlord.

I am not aware of any law, rule, or caselaw that sets forth the AG's view regarding this, however I certainly do not want any of you that purchased a form that I drafted, to be investigated by the State. So I have errored on the side of caution.

As such, the revised NSRP form (dated 4/11/23) excludes any reference to a fee (except for a late fee) and instead states that the landlord can deduct its actual costs incurred as a result of the tenant's failure to properly perform the listed requirements.

Did you like this article? Read more on Tristan’s Landlord-Tenant Law Blog.

Save the Date! The Next Landlord Boot Camp is November 4, 2023

Wed, 19 Apr 2023 21:19:33 GMT

By Dawn Anastasi, RPA Board Member

The fall Landlord Boot Camp is scheduled for Saturday, November 4, 2023. Save the date on your calendar now!

If You've Never Attended Boot Camp

As a rental property owner, invest in yourself with education that can help your business succeed.

If You've Attended Boot Camp Before

How often should you attend the Landlord Boot Camp? Per Tristan Pettit, the attorney teaching the course, try to attend at least once every 3 years unless there is a significant law change. Tristan says:

I have clients that go every other year and they tell me there are new things they learn every time and they have not been disappointed in coming to see it.

Treat the Landlord Boot Camp as continuing education, much like any other industry.

Certificates of attendance are sent to every member that attends after the class is conducted.

Registration for the Fall Landlord Boot Camp will be coming in the future.

Do you have any questions about the Landlord Boot Camp? If so, comment below and we will get your questions answered!

AASEW's New Name! Rental Property Association of WI, Inc.

Tue, 18 Apr 2023 02:00:00 GMT

The AASEW is changing its name to Rental Property Association of WI, Inc. as mentioned in tonight's General Membership meeting.

Do you have any questions, comments, or concerns about the new name? Please post them below!

AASEW Legislative Update

Thu, 13 Apr 2023 14:20:23 GMT

By Heiner Giese, AASEW Legal Counsel

Right to Counsel

AASEW legal counsel Heiner Giese and Board member Tim Ballering have analyzed the recent report on Legal Aid and Legal Action's right-to-counsel (RTC) program in Milwaukee. The analysis was submitted to a 35 member group of judges, court commissioners, tenant advocates and social service organizations at its April 10 meeting. The group meets bimonthly on the topic of eviction diversion.

Tim Ballering and I have some comments on the Stout Risius report analyzing the right-to-counsel (RTC) program being run by Legal Aid and Legal Action (called EFM for EvictionFreeMke).

The author Neil Steinkamp did a much better job in soliciting input from housing providers than was done in his reports on RTC in Connecticut and Cleveland, also released just recently. Colleen Foley and I can claim some credit for that because a discussion we had last summer led to us inviting Steinkamp to conduct the forum in Milwaukee last September which featured an exchange of ideas between owners, attorneys from both sides and social service agencies.

The biggest shortcoming of the Milwaukee RTC report (and also for Connecticut and Cleveland) is that rent losses of owners in RTC cases are not researched. I have mentioned this in emails to Meagan, Neil and to Samira Nazem, the NCSC liaison:

One of the gripes Tim B. and I have with Neil's eviction studies . . . is that Neil says researching landlord losses has not been within the scope of a study on the benefits of Right to Counsel. Stout has now done these studies in numerous jurisdictions. Follow up studies are planned in many of them. Federal dollars are used, at least in part, to pay Stout for its work. It is only fair and necessary that future Stout eviction reports give an analysis of the economic costs to housing providers and not just an analysis of the benefits to tenants or governments.

[Tim B.’s observation about this today: Rent loss and the impact on housing due to these losses are more easily quantifiable than out-of-home foster care costs, economic value preserved by reducing migration out of Milwaukee County, cost savings related to housing social safety net responses, retained federal and state funding for Milwaukee Public Schools and cost savings related to Medicaid spending on health care. The alleged positive economic impact of migration out of Milwaukee County and on the Public Schools ignores that others would occupy the units if the RtC clients were evicted.]

Other comments we made regarding Stout’s methods were these:

Tim B. and I believe that the Stout reports on RTC should more strongly emphasize its adverse effects on “good” tenants – especially those of the same income class as persons being evicted – when rental property owners tighten their screening criteria or require increased security deposits because RTC results in delays and more unpaid rent. A resolution to this problem would be to set aside a portion of the money designated for lawyers ($20M just announced by HUD for 2023!!) for whatever weeks of “delay” RTC secures for the tenant to find new housing.

With Milwaukee experiencing record-low vacancies, hold-over renters reduce housing opportunities for others with similar housing needs.

Sealing Eviction Records

The topic of sealing eviction court records is going to get more attention. Tim B. has pointed out that while sealing can help the evicted tenant secure new housing it will have an unintended consequence for the tenants who are now competing with this person for housing in a very tight rental market.

For example, say tenant Alan with monthly income of $2400 applies for housing. Tenant Bob with income of $2200 applies the same day. Alan had two evictions in the last three years which were sealed and not known to the owner screening them both. Bob has never been evicted. The owner will logically pick Alan because of his higher income and supposed better ability to pay rent. Bob will lose out and have to keep looking for housing.

Finally, Tim B. and I are shaking our heads over Gov. Evers’ proposal in his budget bill housing package to pay $66 million to lawyers for RTC in the next biennium! The Governor did a great job in administering and distributing the ERAP money during the pandemic but, c’mon, lawyers??

How about we change that to $60M for tenants who fall behind on their rent and the remaining $6M for the RTC lawyers to settle those cases and get that money to landlords in exchange for a dismissal of the eviction?

AASEW Boot Camp

Tue, 11 Apr 2023 17:00:00 GMT

By Dawn Anastasi, AASEW Board Member

Did you attend the latest Landlord Boot Camp in March? If not, why not?

I think the AASEW Landlord Boot Camp is one of the best values for landlords, either new or existing, out there in the market today.

If you haven't attended, you really, really don't know what you're missing. I recently attended again, after attending in the past. And I can honestly say that this continuing education is extremely valuable for my business.

If you attended in the past, you might think, "I've already gone in the past, why go again?"

Because things change constantly! It's not only new laws, but how the court commissioners interpret the existing laws.

It's a good idea to attend, or send your employees, to one of these Boot Camps every 2-3 years, or if there's a new significant law change.

Just the Q&A after the event, which lasts about an hour, is valuable because you get to bring your own questions to get addressed by an attorney.

There's nothing like this Boot Camp in the city of Milwaukee or anywhere in Wisconsin.

If you have questions about the Landlord Boot Camp, or have recently attended and have feedback, please leave your comments below.

Refusing Emergency Rental Assistance Funds Might be Discriminatory

Thu, 06 Apr 2023 17:00:00 GMT

By Gary D. Koch, Petrie + Pettit

It finally happened – we’ve had a fair housing challenge to a landlord’s refusal to accept rental assistance. In this case, it’s Wisconsin Emergency Rental Assistance (“WERA”) funds, but the lesson here is applicable to any / all assistance funding.

Under the Wisconsin Open Housing law (found at Wis. Stat. §106.50), discrimination in housing is prohibited. This includes discrimination against any “lawful source of income” (Wis. Stats. §106.50(1m)(h)). Per the Wisconsin Administrative Code, the term lawful source of income “includes, but is not limited to, lawful compensation or lawful remuneration in exchange for goods or services provided; profit from financial investments; any negotiable draft, coupon or voucher representing monetary value such as food stamps; social security; public assistance; unemployment compensation or worker’s compensation payments.” Wis. Admin. Code. DWD § 222.02(8).

In our current case, the Wisconsin Department of Workforce Development’s Equal Rights Division (ERD) has advanced the (unsubstantiated) assertion that “Rental assistance can be viewed as a lawful source of income”. Obviously, the ERD thinks that rent assistance falls into one of the definitions of lawful source of income.

This case is just in the initial stages of investigation. As it works its way through the system, beware, as with almost anything, that if you are taking an action such as refusing to accept rental assistance, our team recommends that your reasons for refusing are nondiscriminatory, non-retaliatory, and made across-the-board (i.e., for ALL tenants, not just the “problem” ones). We also recommend that your non-discriminatory, non-retaliatory, across-the-board reasons be internally documented to establish a record should one become necessary in future.

I guess we aren’t done penalizing landlords because of the pandemic.

Stay tuned!

Like this article? Check out Petrie + Pettit's website here!

Rental Housing News from Around the Country

Thu, 06 Apr 2023 15:20:15 GMT

Compiled By Dawn Anastasi, AASEW Board Member

Jersey City, NJ

Mayor Steve Fulop and city councilmembers James Solomon, Yousef Saleh and Frank Gilmore have been working together to develop a Right To Counsel program to aid tenants in the city who can’t afford to pay an attorney to represent them in court. The $4 million annual budget would be funded through a 1.5% development impact fee on every residential project, no matter the size. The new fees are expected to generate $20 million annually. The other $16 million would be dedicated to the city’s Affordable Housing Trust Fund.

An office of the Right to Counsel will be created under the city Department of Housing, Economic Development, and Commerce (HEDC). When residents receive an eviction notice, they will receive a free consultation on their rights and be assigned an attorney if the office determines it necessary.

Solomon said developers — and even people building one- and two-family homes — would pay the 1.5% fee based on the property’s assessment before a certificate of occupancy is awarded. He said the fee, which would be phased in, won’t affect current projects that have already received site approval, but is would be fully implemented by 2025.

Read the full article here

Detroit, MI

Taura Brown got evicted Tuesday from her tiny home, a prospect that she has faced for more than two years, but she didn't leave without a fight and a lineup of activists trying to defend her.

Bailiffs and 36th District Court representatives arrived at Brown's tiny home on Monterey Street at 10 a.m. Tuesday, but were blocked by about 30 people with Detroit Eviction Defense, an activist coalition that comprises attorneys, trade unionists and rental tenants who argue she's being unjustly ousted. The group of 30 people linked arms to create a human wall as bailiffs attempted to break through and get into the home.

Brown has been preparing for removal from her home since a district judge ruled last month that she could be evicted from the space she's lived in since December 2019. The decision on March 22 came after a two-year court battle, and Brown was ordered to vacate within 10 days.

Read the full article here

Jacksonville, FL

A mix of renters and home owners gathered in Springfield Sunday afternoon for a rental housing crisis forum.

A speaker from the activist group Florida Rising told the forum about the idea for a tenant bill of rights.

He said the group is pushing Jacksonville city leaders to pass it, requiring the following:

1) Dedicated office of the tenant advocate

2) Create a publicly searchable landlord registry

3) Non-discriminatory rental application process

4) Notice of changes to lease

5) Fee transparency

6) Right to counsel and language access

7) Right to repair

The forum also brought up the idea of a tenant union - a group that could give voices to Jacksonville's tenants and make sure that bill of rights is followed.

Read the full article here

Beware of Clauses Requiring More than 28-Days’ Notice to Terminate Month-to-Month Tenancies

Wed, 05 Apr 2023 17:00:00 GMT

By Tristan Pettit, Gary Koch & Jennifer Hayden, Petrie + Pettit

Clauses requiring tenants to provide a 60-Day Notice to terminate a month-to-month tenancy are popular – we see them in a lot of rental agreements. Recently, though, we have seen the Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP”) take issue with provisions in rental agreements in month-to-month tenancies that require tenants to give anything more than a 28-Day Notice to terminate the tenancy.

These DATCP challenges can end one of two ways: (1) the landlord can fight the Department, or, more likely, (2) the landlord concedes and removes the clause from its rental agreements, potentially paying a fine for the pleasure of doing so.

We have not yet had a client want to fight DATCP on this issue, but we believe that there may be statutory grounds to do so.

DATCP’s argument is found in Wisconsin Administrative Code ATCP § 134.06(3)(a) (2), prohibiting withholding from the security deposit for any charges other than for “Unpaid rent for which the tenant is legally responsible, subject to s. 704.29, Stats.” (Emphasis added). DATCP believes that any notice period in excess of 28 days is illegal.

Wis. Stats. § 704.19 discusses what notices are necessary to terminate periodic tenancies (such as month-to-month tenancies). Wis. Stat. § 704.19(3) provides that “At least 28 days’ notice must be given” to terminate a month-to-month tenancy (emphasis added).

It seems straightforward that “at least” does not mean “exactly”.

Elsewhere in the same statute, we find that a month-to-month tenancy can be terminated “only by giving to the other party written notice complying with this section, unless any of the following conditions is met: (1) [t]he parties have agreed expressly upon anther method of termination and the parties’ agreement is established by clear and convincing proof.” (Emphasis added).

Again, it seems straightforward that a clause in the rental agreement calling for a 60-Day Notice to terminate the month-to-month tenancy would be clear and convincing proof that the parties have expressly agreed upon another method of termination.

Nevertheless, DATCP takes the position that landlords can ONLY require a 28-Day Notice to terminate the tenant’s month-to-month tenancy.

Do DATCP’s arguments win? That remains to be seen. It might be a serious undertaking to find out the answer, but the Landlord-Tenant team at Petrie + Pettit is ready to take on that challenge for you!

Did you find this article interesting? See more articles from Tristan's Landlord--Tenant Law Blog!

HACM (Housing Authority of the City of Milwaukee) announcement

Wed, 05 Apr 2023 14:35:15 GMT

By Dawn Anastasi, AASEW Board Member

Effective March 1, 2023 -- HACM Partners with AffordableHousing.com

AffordableHousing.com is a website that used to go under the name "Go Section8". It rebranded a while ago and the Housing Authority of the City of Milwaukee (HACM) started a partnership with this site.

Rental property owners used to call or visit HACM to add their available properties to a list that the Section 8 client base could browse.

Now, new listings can be added to AffordableHousing.com at any time by the rental owner themselves, including adding pictures and other details about the property.

Prospective tenants can communicate directly through the website to rental property owners about their listings.

The first step is that a rental property owner needs to make an account on the AffordableHousing.com website.

Note that although the site is free to use, it will repeatedly ask for payment for premium services and offerings. These premium services are optional and are not required to use the site.

Come to the member event on April 17, 2023 to hear from Steve Fendt, Landlord Outreach Coordinator, to learn more about this website and more about the Rent Assistance program offered through HACM.

Statewide utility shut-off moratorium ending April 15, 2023

Tue, 04 Apr 2023 17:00:00 GMT

Wisconsin utilities are urging customers who may have gotten behind on their energy bills to apply for energy assistance or inquire about payment plans ahead of the state’s utility disconnection moratorium ending on April 15.

The main forms of energy assistance available to Wisconsinites are the Wisconsin Home Energy Assistance Program through the state, or an assistance program through the nonprofit Keep Wisconsin Warm/Cool Fund. Those programs are available to people making 60 percent or less of the state’s median household income. For example, a family of five earning $5,968 or less per month would qualify.

Last year, the state energy assistance program paid $120 million to aid households. Through March 22 this year, according to the Public Service Commission, $80.7 million funded assistance to roughly 150,000 households.

Read the full article here

April 2023 Legislative Report

Sat, 01 Apr 2023 17:00:00 GMT

By Heiner Giese, AASEW Legal Counsel

I. Activities on State Level

The Legislature's Joint Finance Committee continues work on Gov. Evers' budget. None of the Governor's proposals on housing issues (reported in the March newsletter), such as $66M for free attorneys for tenants, are likely to be adopted in present form. However, I did attend a meeting on March 23 in Madison called by Speaker Robin Vos to hear from housing providers and tenant advocates from Milwaukee and Madison. Rep. Rob Brooks, chair of the Assembly Housing Committee, participated.

His committee would draft legislation. Issues discussed were (1) defining "reasonable diligence" as used in the statutes when making attempts to serve a defendant with an eviction notice or summons and complaint in a small claims case; (2) clarifying by statute what amount of late fee is allowable; (3) modifying the tenancy notice statutes to specify that a 60 day or longer notice of termination of tenancy is permissible – a subtopic here is a prohibition on winter moveouts; and (4) creating a statute acceptable to both landlords and tenants on when eviction cases can be sealed.

There will likely be follow up meetings.

II. Activities on Local Level

A comprehensive report on Milwaukee County's Right to Counsel program being run by Legal Aid (they call it EFM, "Eviction Free Milwaukee") by Stout Risius has been published for the period September 2021 through December 2022. The report claims that providing attorneys to defendants (at a cost of $3M) has been very successful in avoiding or delaying evictions and has saved governments $9M in eviction-related social costs.

To its credit, the report acknowledges that the delays and refiling of nonpayment cases have a negative effect on owners. This results in tighter screening (hurting marginal tenants), increased security deposits demands and likely rent increases.

The biggest shortcoming of the report is that it does not acknowledge the millions of dollars in lost rent from evictions. The report does not even give statistics on how much rent is owed in the cases being handled by Legal Aid, though it says it will try to include this data in next year's report.

I had an interesting email exchange with Greg Borowski, Executive Editor of the Journal Sentinel regarding a recent tragic north side Milwaukee fire where three people died. The reporters on the first version of the story – which had a huge headline in the print edition the next day – did not check who owned the property and implied that it was a rental property without working smoke alarms. The JS tried to tie this tragedy into their series alleging dangerous electrical fires are mostly the fault of landlords. However this fire was not electrical in nature and the property was owner-occupied.

The JS corrected its false implications in a follow up story the next day.

March 2023 Legislative Report

Wed, 08 Mar 2023 18:00:00 GMT

By Heiner Giese, AASEW Legal Counsel

Local News

Your AASEW Executive Board and I will have another meeting in early April with a team from the Medical College of Wisconsin on the topic of lead-safe housing.

A lot of financial resources are being dedicated to this topic so we want to give advice on how to spend the money effectively.

At the February membership meeting I gave an alert that WE Energies appeared to be improperly charging sales tax on residential gas and electric bills during the winter months. If you are paying for heat, hot water or lights for a residential unit or for an entire building check your billing since November.

Governor Evers’ Budget Proposals on Housing

Governor Evers announced a number of housing provisions in his state budget bill.

The Governor wants to eliminate landlord/tenant measures which were enacted since 2011, which the Republican leadership in the Assembly and Senate is bound to reject.

Other highlights of his program affecting rental properties are as follows:

Five million dollars to create a Housing Safety Grant Pilot Program for Milwaukee to support improvement of rental housing safety, including:

A central, searchable database for renters that discloses the history of rental properties;
More robust property inspection programs; and
Funding to allow municipalities to help landlords remedy minor violations following inspections. [now that one is not so bad!]

There is $100 million in funding proposed for homeowners and for municipalities to rehab blighted properties. It’s unclear if rental owners would have access to those funds.

It’s proposed that localities could impose their own moratorium on evictions [with no mention of paying owners for their lost rent] .

Another new law would require landlords to disclose serious building code violations “regardless of whether the landlord has actual knowledge of the violation.” [Of course landlords should disclose serious defects but if they haven’t seen them how can they be disclosed?]

Most concerning to us is the proposal to spend “$60 million over the biennium to create a new civil legal assistance program for low-income individuals, focusing on establishing a statewide right to counsel for evictions.”

[So lawyers would earn millions in fees. Couldn’t that money be better spent providing rent relief for the over 90% of tenants in eviction cases who have fallen behind on their rent?]

Better Regulation of Storm Water Utility Charges

You are all familiar with the storm water utility fee which shows up on your quarterly water/sewer bills. Those fees vary widely between municipalities and are sometimes unfair.

For example, Wauwatosa charges duplex owners twice as much as the owner of a single family lot while in the city of Milwaukee the charge is the same for duplexes and singles because the lot size is usually the same.

Tell your State Senator and State Representative to support a change in the law (LRB 1576) which would let the Public Service Commission regulate the often extravagant storm water charges.

Links:

February 2023 Legislative Report

Mon, 06 Feb 2023 18:00:00 GMT

By Heiner Giese, AASEW Legal Counsel

Local News

First, an important correction to my January report: I had said that Emergency Rent Assistance funds were likely to run out this spring but Connor Goggans of Milwaukee County Housing Division advises that funds should be available through summer. Here is his info on the situation:

SDC/City of Milwaukee and Community Advocates/County of Milwaukee have enough ERA 2 to last thru at least most of the summer, and it is very possible County will last a bit longer than that.

Further, despite ERA, Milwaukee County will always maintain our own Eviction Prevention Program for those with rent assistance.

Of course, this is not enough, as it does not serve most renters in Milwaukee County without rent assistance … but for landlords with rent assistance households, eviction prevention financial assistance will remain an option through that program.

This will be paired with our long-awaited landlord engagement programming and financial incentives that will finally get off the ground this year (we were able to see that we hire dedicated staff for landlord engagement again this year, but are scaling the effort and have a framework for a team, instead of just one person).

Second, the City’s ZND Committee (Zoning, Neighborhoods, and Development) has again delayed any action on a proposed ordinance to require all rental properties to carry insurance.

I appeared at a hearing on January 31 to point out the flaws in this proposal. The Dept. of Neighborhood Services had reservations because of administrative costs.

Another drawback for the City is that Milwaukee would have to purchase insurance coverage for the approximately 300 rental units (non public housing) which it owns and manages.

Third, DNS (Department of Neighborhood Services) Commissioner Erica Roberts presented the outline of a pilot program to do targeted inspections for substantial health or safety issues in rentals in sub-neighborhoods of the 53206 zip code.

This would be legal if the inspections are limited but the cost of $400,000 to hire two inspectors and clerical help could not be charged to owners. However, some money could be raised from noncompliance fees.

Fourth, the meetings with the County Court’s eviction diversion liaisons are starting up again in February. We are looking at ways to promote early mediation.

State Scene

Gov. Evers will surely have a number of housing provisions in his budget proposal being announced mid-February. The Republican leadership in the Assembly and Senate is seeking input from owners and tenant advocates on issues which might get bipartisan support. We’ll keep you advised of these developments.

National Scene

The big news was The White House Blueprint for a Renters Bill of Rights announced in late January. A fact sheet can be found here. It sets forth five “Principles”:

Safe, Quality, Accessible, and Affordable Housing
Clear and Fair Leases
Education, Enforcement, and Enhancement of Renter Rights: Federal, state, and local governments should do all they can to ensure renters know their rights and to protect renters from unlawful discrimination and exclusion.
The Right to Organize: Renters should have the freedom to organize.
Eviction Prevention, Diversion, and Relief: Renters should be able to access resources that help them avoid eviction, ensure the legal process during an eviction proceeding is fair, and avoid future housing instability.

Various federal agencies such as Consumer Protection or the FTC will study and “promote renter protections” and set “limits on egregious rent increases.”

On the topic of evictions they propose that 30 days notice should be given for nonpayment and that “eviction case filings should immediately be sealed.” Tenants should have the right to counsel in all evictions. HUD is already awarding $20M in 2023 for that purpose.

Year End Report on Issues Facing the AASEW

Mon, 09 Jan 2023 18:00:00 GMT

By Heiner Giese, AASEW Legal Counsel

We continued as a partner with Milwaukee’s Rental Housing Resource Center. There are few places in the country where housing providers, social welfare agencies and tenant advocates work together.

Owners were very happy to see the CDC federal eviction moratorium end in August 2021. Since then, and throughout 2022, the “eviction tsunami” predicted by national tenant advocates and biased academic researchers never materialized.

One of our frustrations was that the courts never enforced the CDC’s requirement that tenants had to use “best efforts” to make at least partial rent payments.

Of course the millions of dollars from the two Emergency Rental Assistance (ERAP) bills helped greatly to (1) keep eviction filings down and (2) helped resolve very many filed cases when landlords or their attorneys agreed to multiple months of adjournments while waiting for an application to be approved and then agreed to a dismissal and sealing of the case.

The often multiple months of waiting for Community Advocates and especially SDC to cut a check were frustrating.

It is good news that some funds remain for the next several months. Places like New York State and Texas ran out of funds a while ago already.

We had Tim Syth and now Meagan Winn coordinating efforts from the court system side. Chief Judge Mary Triggiano was very involved and responsive in listening to our concerns about how eviction cases were being handled by the court commissioners.

The Right to Counsel (RTC) program has been operational since September 2021. This has been a success for tenants in getting more time to move out or in negotiating a stipulation with the landlord to “pay and stay” and then get the case dismissed.

I personally had a case in April 2022 where the Legal Aid attorney negotiated a deal to have the tenant pay the current month and then catch up on arrears at $100 per month for the next nine months.

But I have watched dozens of cases on Zoom since April and often the RTC attorney would say the case was contested, get it kicked over to the judge a month later and then if the tenant lost or moved out the landlord lost an extra month’s rent compared to the days before RTC.

Very helpful to the tenant; extra cost to the owner. A money judgment against the tenant would then be larger. Also, if RTC got a case dismissed on a technicality instead of settling it, the landlord would re-file and there would then be two cases on CCAP under the tenant’s name.

Biggest improvement needed for 2023: The ERAP money will run out by spring. Then it won’t make sense for landlords to agree to an adjournment in a nonpayment case.

Already, some owners are requiring double security deposits because they have learned that an eviction will take an extra month due to the presence of RTC.

If the City, County and charities like United Way have come up with $4.5M to pay for RTC, we need to find funding for that extra month’s rent which the owner will lose while negotiating with RTC.

Also, there needs to be legal help funding for the unrepresented mom-and-pop landlord who is unfamiliar with the eviction process. There needs to be funding to push cases into mediation before resorting to a filing in court.

Owners are concerned that a change in HUD policy as of October 1 may be interpreted by defense counsel to require that the CARES Act 30 days notice requirement for nonpayment cases will apply to rapid rehousing programs run by agencies like Hope House.

This will deter owners from participating in such worthwhile programs which help the neediest tenants.

Sealing of eviction cases is a current and future issue. The Wisconsin Supreme Court will likely hold a hearing in early Spring on Legal Action of Wisconsin’s petition to seal non-money judgment evictions after only one year.

We have filed a response opposing this.

There is a research study put out by a think tank on How to Seal Eviction Records | Upturn . This is supposed to be a guide for legislation but it is useless because of preposterous conclusions such as “eviction filings are merely unproven allegations and have no legitimate value in rental decisions.” The executive summary for the study contains numerous other untrue assertions:

Eviction records should not be used to make housing decisions. Eviction records are products of an unjust, racist, anti-tenant housing system.
The vast majority of evictions do not end with a judgment in favor of the landlord, and even those that do are products of a court process that is heavily weighted against tenants.
Because eviction records are products of housing injustice and discrimination, we don’t believe there are any eviction records that can be fairly used to make housing decisions.

Amazingly, the study concludes that evictions should simply not be allowed: “we reject any premise that evictions should be permissible under a just housing system.”

The academic researchers who put out such bogus conclusions ignore the reality that well over 90% of evictions are filed for nonpayment of rent. Their biases make them ignore and distort the facts.

December 2022 Legislative Report

Tue, 06 Dec 2022 18:00:00 GMT

By Heiner Giese, AASEW Legal Counsel

We will shortly learn which state legislators are to serve on committees dealing with housing. Chairpersons in both the Senate and Assembly will be Republicans because of their majority control. We are monitoring and working with both the Legislature and Governor Evers’ office because the Governor will surely have a number of housing-related items in his budget bill to be announced early next year.

On the federal level a report has just been put out by the Consumer Financial Protection Bureau (CFPB) which attacks the work of tenant screening companies. It says:

Tenant screening reports present summary information regarding filed evictions, often without any accompanying explanatory information as to the basis of the eviction filing. Landlords may choose to file evictions against tenants for a range of reasons, which may not necessarily be relevant to a different landlord, even if the filing ultimately results in an eviction.

Sure, evictions can be filed for a “range of reasons” but the report does not recognize that well over 90% are for nonpayment. So, that means that tenant screening reports are accurate for over 90% of the tenant records they report on.

Secondly, if the eviction was dismissed it is still fair to mention it in a screening report because a dismissal is seldom because the tenant “won” their case; it’s usually because the tenant paid up arrears and continued the tenancy or moved out voluntarily and the landlord consented to dismissing the case (or simply dropped it).

Let’s compare tenant screening to screening an application for a credit card. If someone has a track record of often paying their credit card bills late, or maybe they got sued for an unpaid bill and then paid up and got the lawsuit dismissed it is certainly legitimate for a credit issuer to consider that pattern of behavior when deciding whether to accept them as a customer (compare: accept them as a tenant).

Another hot issue is the allegedly harmful effect of investors buying up single-family properties as rentals. Supposedly this results in prospective homeowners being outbid. But an article in Vox says preventing investment in single-family rentals “will only reduce the availability of single-family rental housing while making it more expensive — ultimately hurting the very people for whom access to affordably priced rental housing is so Essential.”

The City of Racine is doing a mailing to tenants encouraging them to call building inspection for an inspection of the “systems” in their unit. This runs afoul of the state statute requiring that a blanket inspection program can only be directed toward a blighted neighborhood; otherwise an inspection must be based on a complaint by a tenant about an existing defective condition.

If you are a Racine landlord, and receive an inspection that is not based on a complaint, please contact AASEW Attorney Heiner Giese at hgiese@ameritech.net.

November 2022 Legislative Report

Tue, 08 Nov 2022 18:00:00 GMT

By Heiner Giese, AASEW Legal Counsel

Last week I had an in-person meeting with Meagan Winn who has been hired by the Milwaukee County Court system as Court Coordinator for the Eviction Diversion Initiative. She has prior experience in working on housing issues and has worked in other states on projects of this type.

I was able to give her an extensive overview of how the AASEW views the current housing market and the issues facing the eviction court in particular. She may become available as a resource to landlords, particularly pro-se landlords, who need guidance for an eviction filing or assistance to get their tenants into mediation to avoid a court case.

I attended a conference in Washington, DC on Oct. 17 titled “A Path to a Permanent Program” for emergency Rental Assistance. I raised questions as to why housing providers are not included in these programs (there were 250 people in person and another 1,000 on Zoom – but extremely few real estate investors).

Elisha Harig-Blaine, manager of Virginia’s Dept of Housing & Community Development, heard my complaint and spoke up to the federal government panelists from HUD and the White House: “Their voice [landlords] just seems to be absent from this conversation. I’m wondering what you can say as administration officials how you are reaching out to that sector – encourage them to come to the table.”

I was able to bring the detailed AASEW Eviction Study to the attention of HUD after the event.

On November 4 HUD announced that Princeton University and other academic outfits are getting $2 million to assess the impact of Emergency Rental Assistance “with a focus on housing stability and eviction outcomes.” Please send me your experiences so that I can forward the “outcomes” for landlords, both good and bad, for such reports.

Rental Property Association of WI, Inc. Blog

Changes to WI Statute 704.16 “Termination of tenancy for imminent threat of serious physical harm; changing locks”.

Milwaukee County Housing Services - Final Town Hall of 2025

IMMEDIATE ACTION REQUIRED FOR CITY OF MILWAUKEE PROPERTIES

If Freddie and Fannie Aren’t Enforcing the CARES Act, Do Landlords Still Have to Use a 30-Day Notice?

RPA 2025 Board Election Results

November 2025 Update for HCV Program Housing Providers

NSPIRE Standards Went Into Effect October 1, 2025 for HACM Units

HACM Update: Notice to Owners Regarding Delayed Payments

October Virtual Information Session for HACM Housing Providers

Monthly Update for HACM Housing Providers

Information about Building an ADU in Milwaukee

SBA Offers Disaster Relief to Wisconsin Businesses, Private Nonprofits and Residents Affected by August Severe Storms

FREE in-person fair housing training seminars for owners and managers of rental housing

August Monthly Update for HACM Housing Providers

U-Haul Offering Free 30 Days Self Storage for SE Wisconsin Flood Victims

2-1-1 Wisconsin Disaster Report

Update from Milwaukee County Housing Services

A plan to increase housing in the City of Milwaukee that affects property owners and developers

Monthly Update for HACM Housing Providers

Recap from June 2025 Milwaukee County Town Hall Meeting

Monthly Update for HACM Housing Providers

US Must Face Claims Over Pandemic Ban on Residential Evictions

Update on the Koble Investments vs. Elicia Marquardt Case at the Wisconsin Supreme Court

WI Lawmakers Introduce Bill to Crack Down on Fake Emotional Support, Service Animals

Milwaukee County Housing Services May Town Hall - Eviction Alternatives

Rental Housing News from Around the Country

Beyond Eviction: Landlords as Essential Partners in Housing Stability

The RHRC is Looking for Landlords with Vacancies

Matt Desmond Speaking in Milwaukee / Evicted Book - April 30th

MCHS April Town Hall: Fair Housing Month Spotlight with MMFHC

April 2025 Update for HACM HCV Program Housing Providers

Yet Another FinCEN Update

Recap of Town Hall for Milwaukee County Housing Services Inspection Checklist

FREE Fair Housing Training Seminars in Milwaukee and Wauwatosa Coming Very Soon!

UPDATE: TREASURY DEPARTMENT ANNOUNCES SUSPENSION OF ENFORCEMENT OF THE CORPORATE TRANSPARENCY ACT AGAINST U.S. CITIZENS AND DOMESTIC REPORTING COMPANIES

Milwaukee County Housing Services Town Hall: How to Pass an Inspection

Update from the Landlord Breakfast with Tristan Pettit

UPDATE: BENEFICIAL OWNERSHIP INFORMATION (BOI) REPORTING IS BACK TO BEING ENFORCED – NEW DEADLINE

Recap from Property Management Panel Hosted by MCHS

Update on the matter of Koble Investments v. Elicia Marquardt

Landlord Breakfast Featuring Tristan Pettit

Monthly Update for HACM Housing Providers

Wauwatosa Housing Providers Listening Session 2/13/25

Landlord-Tenant Issues #1 on DATCP's Top 10 Consumer Complaints of 2024

Milwaukee County Housing Services Town Hall: Property Management 101

Wauwatosa Housing Providers Listening Session 1/27/25

Save 20% on Your Bagster® Bag Collection

Update On Notices Available To Wisconsin Landlords In Residential Tenancies

Key Updates from the Housing Authority of the City of Milwaukee (HACM)

Housing Provider Survey from Milwaukee County Housing Services

ANOTHER UPDATE: BOI REPORTING IS STAYED AGAIN

Owners of corporate and LLC business entities: Get ready to file!

Recap of HACM's Virtual Meeting 12/11/24

Update from HACM (Housing Authority of the City of Milwaukee) on Transition to CVR Associates

Breaking: Federal Injunction Affects FinCEN Compliance Deadline

Save 20% on Your Bagster® Bag Collection through 1/31/25

Tribute to Heiner Giese: Celebrating 33 Years of Leadership and Advocacy

RPA 2024 Board Election Results

HACM Board Moves Forward With Section 8 Contractor Award

The Supreme Court Accepted RPA's Coalition Amicus Brief and Supplemental

Congrats to Ed Riggenbach of Welcome Home Milwaukee!

Reminder: Landlord Appreciation Event

October Housing Providers Town Hall - TODAY 10:00am

Housing Authorities Around the Country Having Issues

Free Fair Housing Training for Rental Property Owners in Waukesha County

Milwaukee Common Council Approves $1.7 Million in ARPA Funded Projects

Landlord Appreciation Event 10/30/24

HACM October Update for Section 8 Housing Providers

Free Webinar Today - Mastering Reverse 1031 Exchanges: A Buy-First, Sell-Second Strategy

Apartment Rent Fraud Costs Landlords Up to $25,000 Per Eviction

In a major shift, the U.S. government explores giving renters cash, not vouchers

Short-term rental owners share concerns over potential city regulations

FREE in-person fair housing training seminars for owners and managers of rental housing

Attorney Giese's response to "This Is How to Fix the Housing Crisis"

New Freddie, Fannie Tenant Protections For Multifamily Properties

August Housing Providers Town Hall Presented by the Milwaukee Metropolitan Fair Housing Council

Landlord FAQs from HACM (Housing Authority of the City of Milwaukee)

August Virtual Info Session ﻿for Section 8 Housing Providers

Community Advocates Pause on New Direct Rent Assistance Applications

August Virtual Info Session for Section 8 Housing Providers