Rental Inspection Program

The Apartment Association of Southeastern Wisconsin, Inc. (AASEW) continues its attempt to defeat the recently passed ordinance creating a Residential Rental Certificate Program in two areas of the city.  On December 7, 2009, the AASEW issued a Press Release urging the mayor to veto the legislation in order to avoid expensive litigation. 

Additonally, President of the AASEW Tristan Pettit wrote a letter to Mayor Tom Barrett pointing out many of the legal problems with the ordinance.  A similar letter was sent to the members of the Common Council  prior to their vote last week – which went ignored.  The letter specifically delineates 6 of the many structural and legal problems with the ordinance and encourages the mayor to veto the legislation in order to spare the city the time and expense of defending the poorly drafted legislation in court.

The Mayor has until Thursday, December 10, 2009 to sign the legislation or else it would go back to the Common Council for reconsideration.  If the Mayor vetoes the ordinance then the Common Council would have to garner 10 votes (from the 15 members) in order to override the veto.

The Common Council did not vote on the passing of the city’s proposed Residential Rental Certificate Program earlier today (11/3/09) as was planned.  Instead the Comon Council voted 9-5 to hold the proposed ordinance for 1 cycle (1 month) for further review. 

The proposed ordinance, which would require all rental property owners in the UWM-area and Lindsay Heights neighborhood on the north side of Milwaukee to pay an $85 fee per unit fee and submit to an internal inspection of in order to be able to rent out their property, passed out of the ZND committee last week by a vote of 3-2.  The proposed ordinance was to be voted on by the Common Council earlier today. 

In response to the setback of having the proposed ordinance pass out of committee the AASEW, who represents approximately 680 landlords in Milwaukee and the surrounding areas, retained legal counsel to review the ordinance for procedural and drafting errors.  Errors were found and were communicated to the City Attorney.  The AASEW  wrote to the President of the Commom Council and the various council members and pointed out its many concerns with the ordinance as written.

Prior to a vote being taken as to whether or not the ordinance should be passed, a motion was made by Alderman Donovan to hold the ordinance  for one cycle (1 month) to further review any problems and concerns.  This motion passed by a vote of 9-5.  It is assumed that the ordinance will be revised and then referred back to the ZND committee for an additional public hearing.

Read Tom Daykin, of the Journal Sentinel, blog post about this change of events here.

A hearing on Milwaukee’s proposed Residential Rental Certificate Program will be held before the Zoning and Development Committee on October 27, 2009 at 10 AM in room 301 of Milwaukee’s CIty Hall.

It is at this hearing that people may speak in favor or against the proposed ordinance.  The ZND committee will then decide whether or not the proposed ordinance should be referred to the common council for a vote by the alderpersons.

If you want to be heard.  You need to be present at this hearing.

To determine your alderman and contact information go here.

Fox 6 report from 10/20/09

WITI-TV, MILWAUKEE - Will it keep landlords in check and renters safe? or is it a back door tax that targets property owners? A proposed ordinance to enforce building, and zoning codes is up for debate. One local group says it’s nonsense. According the the proposal the ordinance would be enforced in two Milwaukee neighborhoods, the UWM and Lindsay Heights neighborhood on the city’s north side. READ MORE

Journal Article 10/20/09

A proposed Milwaukee ordinance that requires apartment buildings to be certified by building inspectors before they can be rented is drawing criticism from a local group. READ MORE

Tristan Pettit’s Landlord Tenant Law Blog

Well I have finally been able to get my hands on a preliminary copy of the city of Milwaukee’s proposed mandatory rental inspection ordinance. The ordinance is sponsored by Alderman Kovac, Wade, Davis and Hines.  The ordinance refers to the proposed program as a “Residential Rental Certificate” program.  The program is really just a variation on “landlord licensing” and mandatorty rental inspection programs.  I would encourage you to read the enitre proposed ordinance, but I have also set forth the key points below. READ MORE