Landlord Tenant – Housing Codes

By: Derek Hawkins//July 20, 2015//

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Civil

WI Court of Appeals – District IV
Officials: Blanchard, P.J., Lundsten and Higginbotham, JJ.

Landlord Tenant – Housing Codes

2015-AP-127 David E. Olson v. City of La Crosse

Where Wis. Stat. §66.0104(2)(d)1.a. preempts requirement of landlords to notify tenants of City inspections under the City’s inspection and registration program.

“At the same time, our interpretation has minimal impact, if any, on the requirement in WIS. STAT. § 704.07(2)(a)5. that landlords comply with local housing codes. As far as we can tell, nothing in our interpretation stops local governments from implementing rental housing inspection and registration programs as part of a housing code, let alone precludes other substantive housing code regulations. We simply conclude that the responsibility for communicating to tenants about housing code programs like the City’s program must, under WIS. STAT. § 66.0104(2)(d)1.a., fall on the government instead of on landlords.”

Decision

Remanded. Recommended for Publishing

Full Text

Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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