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AB1119: Bill Text
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2025 - 2026 LEGISLATURE
LRB-4499/1
ARG:ajk&cdc
2025 ASSEMBLY BILL 1119
March 13, 2026 - Introduced by Representatives
Madison
,
Clancy
,
Palmeri
,
Emerson
,
Hong
,
Sinicki
,
Snodgrass
,
Stubbs
,
Arney
,
Goodwin
,
Mayadev
,
Miresse
,
Moore Omokunde
,
Roe
and
Tenorio
, cosponsored by Senators
Roys
,
Larson
,
Ratcliff
,
Drake
and
Spreitzer
. Referred to Committee on Housing and Real Estate.
AB1119,1,3
1
An Act
to amend
704.07 (4), 704.45 (1) (c) and 704.45 (2);
to create
704.07 (6)
2
and 704.45 (1m) of the statutes;
relating to:
rent abatement and retaliatory
3
conduct and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, a tenant may withhold (abate) rent if the rental premises is in such disrepair that it affects the health or safety of the tenant or substantially affects the use and occupancy of the premises. Current law allows a tenant to abate rent to the extent that the tenant is deprived of the full normal use of the premises, but prohibits a tenant from withholding rent in full if the tenant remains in possession of the premises.
This bill provides that, in these situations, a tenant may abate rent in accordance with a rent abatement schedule promulgated by the Department of Agriculture, Trade and Consumer Protection by rule, if available, and directs DATCP to create such a schedule. The schedule must specify items for which a tenant is entitled to rent abatement and the amount of rent abatement for each item. The bill also allows rent to be abated in full.
In addition, if a tenant complains to the landlord or to a local housing code agency about a defect in a residential premises, current law prohibits the landlord from retaliating against the tenant by increasing rent, decreasing services, bringing an eviction action, refusing to renew a lease, or threatening to do any of these things. This bill clarifies that a landlord may not retaliate against a tenant for the reasonable abatement of rent. The bill also provides that if a landlord in a residential tenancy increases rent, decreases services, brings an action for possession of the premises, refuses to renew a lease, or threatens to do any of these things, such action is presumed to be a prohibited retaliatory action if the tenant has complained to the landlord or to a local housing code agency about a defect in a residential premises or exercised any of the tenant’s legal rights relating to his or her tenancy, including reasonably abating rent, at any point in the preceding 12 months.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB1119,1
1
Section
1
.
704.07 (4) of the statutes is amended to read:
AB1119,3,3
2
704.07
(4)
Untenantability.
If the premises become untenantable because
3
of damage by fire, water, or other casualty or because of any condition hazardous to
4
health, or if there is a substantial violation of sub. (2) materially affecting the
5
health or safety of the tenant, the tenant may remove from the premises unless the
6
landlord proceeds promptly to repair or rebuild or eliminate the health hazard or
7
the substantial violation of sub. (2) materially affecting the health or safety of the
8
tenant; or the tenant may remove if the inconvenience to the tenant by reason of the
9
nature and period of repair, rebuilding, or elimination would impose undue
10
hardship on the tenant. If the tenant remains in possession and the condition
11
materially affects the health or safety of the tenant or substantially affects the use
12
and occupancy of the premises, rent abates to the extent the tenant is deprived of
13
the full normal use of the premises
in accordance with a rent abatement schedule
14
promulgated under sub. (6), if available
.
This section does not authorize rent to be
15
withheld in full, if the tenant remains in possession.
If the tenant justifiably moves
16
out under this subsection, the tenant is not liable for rent after the premises become
1
untenantable and the landlord must repay any rent paid in advance apportioned to
2
the period after the premises become untenantable. This subsection is inapplicable
3
if the damage or condition is caused by negligence or improper use by the tenant.
AB1119,2
4
Section
2
.
704.07 (6) of the statutes is created to read:
AB1119,3,8
5
704.07
(6)
Rent abatement schedule.
The department of agriculture, trade
6
and consumer protection shall promulgate, by rule, a rent abatement schedule that
7
specifies items for which a tenant is entitled to rent abatement and the amount of
8
rent abatement for each item.
AB1119,3
9
Section
3
.
704.45 (1) (c) of the statutes is amended to read:
AB1119,3,11
10
704.45
(1)
(c) Exercising a legal right relating to residential tenancies
,
11
including the reasonable abatement of rent
.
AB1119,4
12
Section
4
.
704.45 (1m) of the statutes is created to read:
AB1119,3,17
13
704.45
(1m)
If a landlord in a residential tenancy increases rent, decreases
14
services, brings an action for possession of the premises, refuses to renew a lease, or
15
threatens any of the foregoing, such action shall be presumed to be a prohibited
16
retaliatory action under sub. (1) if the tenant has taken any of the actions described
17
in sub. (1) (a) to (c) in the preceding 12 months.
AB1119,5
18
Section
5
.
704.45 (2) of the statutes is amended to read:
AB1119,3,21
19
704.45
(2)
Notwithstanding sub. (1), a landlord may bring an action for
20
possession of the premises if the tenant has not paid rent other than a rent increase
21
prohibited by sub. (1)
or an abatement of rent under s. 704.07
.
AB1119,3,22
22
(end)
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