License Law, Landlord-tenant Issues and More: You Make the Difference

Recent legislative victories from the WRA.


 Dan Lawler  |    December 11, 2015
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Every year, decisions are made in the Wisconsin capitol that affect the real estate industry and your bottom line. These issues include zoning, property taxes, landlord-tenant relations, fraudulent misrepresentation, license law, legal liability and much more. With your help and support, we have secured legislative victories that have protected private property rights and saved property owners millions of dollars. Every day Wisconsin REALTORS® work hard to protect and promote homeownership in the Badger state.

We are successful because of your grassroots support on our issues. When you respond to a Call to Action, it makes a difference. When you take part in the annual REALTOR® & Government Day in Madison, it makes a difference. When you contribute to RPAC or the Direct Giver Program, it makes a difference. Your participation is the difference between our collective success or failure.

To illustrate this point, I would like to share with you a partial list of our legislative accomplishments in Madison over the last seven years. This list is not comprehensive, and it does not explain each piece of legislation in detail. It should, however, reinforce the point that your participation in our advocacy efforts really drives our success. You make the difference.

2015

  • Time of sale requirements prohibited (SB 21, state budget bill): Prohibited local units of government from requiring inspections, property maintenance or the payment of related fees at the time of sale.
  • Property tax freeze/levy limits (SB 21, state budget bill): The 2015-17 state budget maintained the property tax freeze on local levies for the next two years.
  • Historic rehabilitation tax credits preserved (SB 21, state budget bill): The 2015-17 state budget maintained the 20 percent state tax credit for historic rehabilitation projects.
  • Shoreland zoning (SB 21, state budget bill): The new law made shoreland development regulations more uniform throughout the state.

2013-2014

  • $100 million property tax cut (SSSB 1, October 2013): Reduced property taxes by $100 million.
  • Vested rights (AB 386): Provided greater certainty and fairness in the permit approval process.
  • Landlord/tenant regulations (SB 179): Made several technical revisions to make ownership of rental property less cumbersome and more profitable.
  • Collecting tenants unpaid municipal utility bills (SB 517): Required municipal utilities to immediately notify landlords if the tenant failed to pay utility bills.
  • Obtaining municipal utility customer information (AB 496): Authorized municipal utilities to release customer information to real estate licensees and appraisers as part of a real estate transaction.
  • Broker experience requirement (SB 208): Required at least two years of active real estate experience as a salesperson prior to obtaining a Wisconsin broker’s license.
  • Convicted felons (SB 531): Created specific standards for when a convicted felon may obtain and keep a Wisconsin real estate license.
  • Out-of-state licensees (SB 457): Created a regulatory framework for out-of-state real estate licensees to provide limited brokerage services.
  • $406 million property tax cut (SSSB 1, March 2014): SSB1 used $406 million to reduce property taxes.
  • Disclosure of dams (SB 344): Amended the RECR and VLDR to notify the seller and buyer of the requirement to complete a dam transfer application.

2011-2012

  • Health savings accounts (SSSB 2): Created a state income tax deduction for contributions to health savings accounts.
  • Landlord-tenant local preemption (SB 107): Prohibited local communities from adopting standards that are more restrictive than state standards in certain areas.
  • Vacant land condition report (SB 136): Required sellers to complete a condition report when selling vacant land.
  • Wetland regulation reform (SB 368): Allowed for greater utilization of wetland mitigation.
  • Piers/presumptive approval/deadlines for DNR permits (SB 326): Created greater certainty for property owners applying for permits near navigable waterways.
  • Nonconforming structures and substandard lots (SB 472): Protected the ability of property owners to perform unlimited maintenance and repair on nonconforming homes and buildings. SB 472 also eliminated the 50 percent rule.
  • Development moratoria framework (SB 504): Created a regulatory framework for local development moratoria.
  • Condominium disclosure/condition report documents (SB 539): Made a number of clarifications to Wisconsin’s condominium law.
  • Variances expiration date (SB 300): Established that variances do not expire unless an expiration date has been established by local ordinance.
  • Landlord/tenant law (SB 466): Better protected the rights of landlords.

2009-2010

  • Seller misrepresentation (SB 9): Reversed the Below v. Norton decision by providing that a purchaser in a residential real estate transaction may maintain an action in tort against a seller for intentional misrepresentation.
  • Commercial real estate liens (SB 587): Made Wisconsin’s commercial lien law more effective.
  • Electronic delivery of condominium disclosure materials (SB 605): Modified Wisconsin’s condominium law to allow condominium disclosure materials to be delivered electronically.
  • Access to property tax data records — WIREdata (AB 638): Clarified what contractors hired by municipalities can charge for producing the requested public record, and also clarified the format in which the municipalities must provide land information data.
Dan Lawler is the 2015-16 RPAC Chairman.
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