City and student leaders say tenants' rights may become more limited if a bill standardizing Wisconsin's rental laws passes the state legislature in upcoming months.
Senate Bill 107, introduced by state Sen. Frank Lasee, R-De Pere, allows landlords to access more information about possible tenants—including income levels, credit information, conviction record—and can use it to deny tenancy.
Lasee Chief of Staff Rob Kovach explained it is designed to protect landlords from troublesome tenants.
""If [the landlord] doesn't have the ability to research those tenants they wouldn't have any knowledge that tenant would be compatible with the neighbors they have already,"" Kovach said.
It's also designed to allow landlords to show occupied properties to prospective tenants, negating some municipalities' rules that a landlord cannot show a property until it is vacant.
Kovach said the vacancy period reduces the amount of money a landlord can make, and leads some landlords to raise rent on current tenants to offset losses.
But Madison city leaders and student representatives called the bill a cause for concern, arguing it takes away students' protections.
Associated Students of Madison Vice Chair Beth Huang cautioned the bill would ""wipe out"" current city ordinances meant to protect student renters, including a provision that says landlords can't show apartments before October 15.
Students' uniquely transient living situations and relative unfamiliarity with renting policy are reasons the city of Madison's distinct tenant protections are in place, according to Huang.
For example, if one leaser in a group lease does not pay their rent, a landlord would see all members of the lease would have a poor tenant history and could deny any of them housing, under the bill.
Huang said the bill relies too heavily on landlords' good intentions.
""I don't think that's a very good consumer protection policy to leave certain things up to the good will and the good faith of a landlord,"" Huang said.
Huang urged students to ""publicly pressure landlords"" so they would ""continue these good practices that have led to a healthy renting environment in Madison.""
But Kovach emphasized the bill lets students have a consistent understanding of tenants' laws since they would be the same statewide. Under the bill, ""local governments can't make rules that are more complicated,"" he said.
Tenant Resource Center Executive Director Brenda Konkel critiqued the bill for allowing landlords to have security deposits worth more than one month's rent and for not requiring landlords to install up-to-code smoke detectors.
""I'd want to do whatever I could to best protect the people who are living in my property and make sure that I've done everything to make sure no one dies in a house fire,"" Konkel said.
Konkel explained Madison's laws already allow landlords to deny people housing if within the previous two years they have a conviction record related to housing. She suggested under the bill, a person could get a conviction for a crime unrelated to housing and be denied a rental application of it years later.
""I'm afraid the legislators making these laws don't understand Madison legally,"" Konkel said. ""Local solutions to local problems are the best to adjust them.""
District 8 Ald. Scott Resnick also said he did not understand why the legislature was acting on the local issue.
""The city of Madison is taking great strides to protect students and protect our tenants, but this is a very targeted effort to take away those rights,"" Resnick.
