Tenants' rights experts labeled Madison Property Management's new Freakfest weekend policy illegal Thursday, saying the limits imposed violate tenants' leases, as well as state law.
The rules, distributed in a letter to Grand Central tenants Oct. 19, allot each resident three wristbands that allow entry to the building for themselves and two guests.
Landlords also asserted the right to "enter any apartment should [they] observe or hear there is a safety concern or lease violation" between 7 p.m. and 4 a.m. Friday and Saturday.
UW Law School assistant clinical professor, Mitch, Tenant Resources Center Executive Director Brenda Konkel and a local attorney all agree the new rules illegally alter students' lease agreements.
"It's 100 percent clear, black and white," Konkel said. "Landlords have absolutely no right to unilaterally modify a contract."
The issue, according to MPM President Jim Stopple, is one of "life safety."
After incidents of strangers entering the building, thefts and other safety concerns during last year's Freakfest, Stopple felt he "had to do something."
"Our purpose was for the health and safety of our residents," Stopple said. "I do think we had basis for [the policy] in our lease; if somebody feels we do not, so be it."
Neighborhood Law Clinic Director Mitch, along with Konkel and local attorney David Sparer, said state law prohibits landlords from entering a private residence without 24-hour prior notice, except in cases of emergencies or safety concerns such as a fire or flooding.
Entry without notice to address a lease violation would be considered trespassing, according to Konkel. Police could be called and could fine landlords $600.
Konkel also said wristband requirements violate tenants' lease agreements, which limits residents to "no more than two overnight guests per night."
The letter's language limits all guests, overnight or not, Konkel said.
"Just because someone's there at 10 o'clock at night doesn't mean they're overnight guests," she said.
Anders Zanichkowsky, housing counselor for the Tenant Resource Center's UW-Madison office, equates the difference to "changing the terms of a contract in the middle of a contract."
Zanichkowsky said landlords must disclose plans to limit guests at the time of tenants' lease signing, adding, "they cannot just put a letter on your door."
Other apartments with high student populations utilize similar policies.
Unlike Grand Central, some leases, like Pres House's, already include a "no-guest policy," under which landlords explicitly reserve the right to limit guests during Freakfest.
Although many MPM managers expressed willingness to give student residents a limited number of extra wristbands, Konkel urged students concerned about the new policies to seek advice from the Neighborhood Law Clinic prior to Freakfest.
"If somebody wants to say it's a violation of lease-rights, I'll take my beating," Stopple said. "But I really think there is enough reason behind the request."
Stopple said MPM's policy stands on firm legal ground, and safety for residents and buildings is the rules' main motivation.
Despite MPM's intentions, Mitch disagreed.
"Clearly MPM is well intentioned, but has gone too far," he said. "What they're purporting to be able to do ... they cannot do under both the law and their own agreement."
