Tenants in Madison and across the state could see landlords gain new rights if a controversial bill passed by the state Senate Tuesday were to become a law.
Housing organizations and tenant rights advocates have already clashed over the bill, which passed the state Senate 18-15 with every Republican voting in favor of it. Bill supporters argue the legislation would give landlords much needed control in the rental process and streamline statewide landlord laws, while critics have said the bill unfairly targets renters and puts them at risk of increased fees or eviction.
Most disagreements have stemmed from provisions, such as those that would allow landlords to evict tenants if a crime was committed on the property without regard to whether the tenant is at fault, and a provision that would allow landlords to throw out an evicted tenant’s belongings.
However, several amendments proposed and adopted in the state Senate Tuesday represented cooperation between both sides, including one that would allow immediate eviction action if a tenant victimizes another tenant.
Ryan Prestil, a student representative with the Associated Students of Madison who focuses on tenant rights, said he is “very concerned” the bill passed and worries the newfound landlord rights will lead many first-time student renters to be taken advantage of when moving off-campus.
“A lot of the protections that we have had in Madison are being stripped away at the state level,” Prestil said. “You potentially have people who don’t know what their rights are and that they have protection that they don’t anymore.”
Wisconsin Housing Alliance Executive Director Ross Kinzler said the bill brings up a concern of “unequal relationships” between tenants and landlords. Kinzler, whose organization supports the bill, said concerns about a lack of tenant power is usually solved in court, where the landlord has the higher burden of proof.
“Evictions trials are like wild west justice,” Kinzler said. “Judges make [equity] decisions about whether what happened was beyond the pale. The landlord better come with a lot of evidence.”
Kinzler also said critics should remember laws can easily change with the new Legislature. The bill will now go to the state Assembly for consideration.
