Tenant Bill of Rights
Preamble
The Tenant Bill of Rights is a tenant-led campaign for expanded tenant protections in Madison. At the 2023 Open House Renter’s Assembly, hosted by Madison Tenant Power, Madison tenants began co-creating a list to imagine what a more just, dignified, and sustainable version of renting might look like in Madison. This is the city that we want to live in.
The Madison Tenant Bill of Rights is written by and for tenants.
Following the passage of 100 pro-landlord laws from 2011 to 2019, tenants have faced an uphill battle to gain meaningful protections and rights. In 2013, Act 76 wiped out 25 different Madison laws protecting renters (see also: Act 108, Act 143, and Wis. stat. chapter 66). In 2023, pro-tenant legislators (primarily in Milwaukee and Madison) introduced the Tenant Protection Package to the state legislature to protect tenant rights, but these 22 pro-tenant bills have not been passed at the state level.
The Tenant Bill of Rights is both a practical project and agitational tool. While state laws limit or pre-empt municipalities from passing stricter protections for tenants, we see many opportunities to win more power within the current housing landscape.
We Demand
Rights of the Elderly and the Disabled
Right to Fair Leases
Right to Stay in Place
Right to Repairs and to Safe, Affordable Housing
Right to Organize and to Equal Protection Under the Law
Right to Privacy and Self-Determination
Right to Rent History
Right to Rent Stabilization and Fair Fees
Rights of Current Residents
Endorsed by:
Autonomous Tenant Union Network
Boise Tenants United (Idaho)
Dane County Homeless Initiative
Detroit Tenants Association (Michigan)
Madison Industrial Workers of the World, General Membership
Madison Tenant Power
Madison WI Homeless Union
Mask Bloc 608
Milwaukee Autonomous Tenant Union
Ottawa Neighbourhood Organizing Centre (Ontario, Canada)
Philadelphia Tenants Union (Pennsylvania)
Portland Tenants United (Oregon)
Sun-Seeker MKE Collective
Trans Advocacy Madison
UW-Madison Chinese Student Democratic Socialists
Email mtp@madisontenantpower.org to add your organization's endorsement.
Sample Tenant Bills of Rights
Madison
National
Cities, Counties, and States
London, UK Renters' Bill of Rights (ongoing)
Portland, OR Tenant Bill of Rights (ongoing)
Los Angeles, CA Tenant Bill of Rights (ongoing)
Atlanta, GA Tenant Bill of Rights (ongoing)
What could this look like in Madison, WI?
- Rights of the Elderly and the Disabled
What does this mean?
Rights of the Elderly and Disabled: The right for equal protection and advocacy for seniors and disabled tenants under city, county, state, and federal law.
What might this look like?
LL informs oversight board before eviction of disabled or elderly
Improved reporting and enforcement standards for disability discrimination
Limit electric disconnects for seniors, disabled people, or low income families
Consideration for disabled persons when designing new buildings
Accessibility modifications allowed; accommodations made in terms of lease
Convert hotels into subsidized elderly housing
2. Right to Fair Leases
What does this mean?
Right to Fair Leases: The right to a lease that is clear, transparent, and does not include unfair or exploitative terms.
What might this look like?
Simple, clear lease terms (no legalese)
Consistent leases throughout building
Limit security deposit to 1 month of rent (return to pre-Act 108 and pre-Act 143 law); limits on size of pet deposit
Itemized security deposits
Option for separate leases for roommates
Multi-year leases
Landlord pays utilities
Landlord carries rental insurance for fire, water, or vermin damages
3. Right to Stay in Place
What does this mean?
Right to Stay in Place: The right to continue living in their current residence without being evicted, with some exceptions for severe non-payment of rent, significant property damage, or violations of lease agreements.
What might this look like?
No winter evictions
Rights of a 12-month tenant after living in residence 2 years; right to a (multi-)year lease
Freedom from "no-cause evictions": only valid reasons for eviction are: nonpayment, landlord moving in, unit being removed from market (if unit removed from market, construction improvement permits denied for 1 year)
Landlords must attempt to contact tenant about nonpayment before filing eviction notice
Expand the notice a landlord must give to tenants before eviction; expand the right to cure; expand time to cure a notice to vacate (from 5 days to 14 days) (revision of Act 76)
Repeal nuisance ordinances for police calls where there are no charges or arrests and for tenants who call the police for aid (i.e., domestic violence) (expansion of Act 76 law protections for domestic abuse victims and for those accused of a crime)
Right to relocation assistance in event of forced move or temporary displacement; move due to price increase incurs relocation reimbursement/payout of rent difference
Clear, verifiable explanation for lease non-renewal
Expanded shutoff protection for all during extreme weather periods
Tenant rights to property at eviction (return to pre-Act 108 and pre-Act 76 law)
4. Right to Repairs and to Safe, Affordable Housing
What does this mean?
Rights to Repairs and Safe, Affordable Housing: The right for housing to be maintained in a safe, healthy, accessible condition, with necessary repairs made promptly.
What might this look like?
Meet health and safety standards for utilities, facilities, and amenities (currently not protected by Wisconsin state law)
Better code enforcement; penalties for delays in repairs; expanded program for rent abatement for hazardous living conditions
Refrigerator and cooking appliances included with all residential rentals
Minimum number of electrical outlets; electrical wiring capable of running window AC and several other appliances; more protections against electrical hazards
Repairs responded to and completed within 48 hours of receiving written notice
Tenant complaints can be made within 14 days of move in (without retaliation)
On-site maintenance staff required for buildings with >10 units
Repairs done by licensed, union contractors
Landlords personally liable for issues on their properties
Landlords with a record of repeated code (or other) violations cannot buy property
Landlord notifies all tenants of bedbug or vermin infestations, pays costs, and takes preventative action (currently not protected by Wisconsin state law -- see Madison General ORginance 27.02(2)(d))
Disconnection protections for electric, heat (if different fuel), water, sewer, and internet
Landlords put rental earnings back into properties
Triple the amount of public funding for affordable housing
Minimum wage should be whatever is takes to afford a one-bedroom within city limits
Enforce weatherization standards; re-roofing should include “cool roof” shingles or coatings
Right to affordable heat + AC; tenant may move into hotel at LL expense if heat/AC requires repair
Storm shelter in case of tornadoes
Zero fare transit; fare free transit
5. Right to Organize and to Equal Protection Under the Law
What does this mean?
Right to Organize and Equal Protection Under Law: The right for tenants to advocate for their needs, address housing issues, and build stronger, more inclusive neighborhoods.
What might this look like?
Right to organize in common spaces
Property managers are required to come to the negotiating table (they cannot ignore tenants)
No retaliation on code or criminal complaints on landlord or landlord's agents
Parity between city and county tenant protections
Tenant rights leaflet included with lease
Tenant rights posted in common spaces of all rental properties
No Section 8 voucher discrimination
Right to free counsel in housing court; court-appointed attorneys for housing, custody, and deportation (Milwaukee precedent)
More incentives for landlord-tenant mediation
Landlords and property managers need license for habitation
Restrictions on credit score and income requirements
Landlord provides rent receipts within a week, or incur fee
Mayor and council establish and fund division of housing and tenant oversight board
Political candidates pledge to refuse campaign support from the real estate industry
Equal treatment by all state and municipal agencies, without discrimination on the basis of experiencing homelessness
Vote, register to vote, and receive documentation necessary to prove identity for voting without discrimination due to experiencing homelessness
6. Right to Privacy and Self-Determination
What does this mean?
Right to Privacy and Self-Determination: The right to live in their rental unit without interference, and the right to control how their personal information is used and disclosed
What might this look like?
In any case, if the tenant pays the rent or vacates the property before an eviction filing, the record is sealed (Minnesota precedent)
Right to notice for LL entry; expand notice to 24 hours for landlord entry; Tenants may refuse LL entry w/o proper notice; No entering residence by force, LL liable for double damages
End to water and power shut offs; must receive 48 hour notice
No forbidding of window unit in AC
A reasonable expectation of privacy of personal property
7. Right to Rent History
What does this mean?
Right to Rent History: The right to review a landlord’s past rental record to make informed decisions about renting.
What might this look like?
Landlord registry
Landlord publishes rent histories of buildings/units
All civil records related to property code violations available online (not just in person at the county clerk's office)
Disclosure of past issues in rental units (return to pre-Act 76 law)
Disclosure of average utility costs
8. Right to Rent Stabilization and Fair Fees
What does this mean?
Right to Rent Stabilization and Fair Fees: Rent stabilization laws, also known as "anti-rent gouging" laws, limit how much landlords can increase rent over a certain period of time.
What might this look like?
Rent advisory board sets annual cap on rent increases based on factors including: inflation, cost of living, and maintenance costs
Expand late fee window from 3 days to 10 days; limit late fees (especially the first time you are late)
The landlord is prohibited from raising the rent under specific circumstances, such as when there are significant habitability issues.
No transaction fees for online rent payment
Cost transparency and profit caps
Expand eviction process for non-payment from 5 days to 60 days
Vacancy tax
Airbnb tax
Notice required for rent increases; tenant has 30 days to review offer; landlord cannot compel tenant to agree to a new leasing agreement until halfway through the tenant's lease term; tenant must receive renewal offer (or rejection for renewal) within 30 days of request
Price cap on utilities
Real estate transfer tax for housing not used as primary residence
Public explanation for adjustments in changes in rent/fees/utility charges
Landlord responsible for own attorney fees (return to pre-Act 143 law)
9. Rights of Current Residents
What does this mean?
Rights of Current Residents: The right of a current tenant to maintain their home without displacement.
What might this look like?
Require detailed, evidence-based landlord explanations for not recommending tenants to other landlords; prevent landlord retaliation through poor recommendations
Renewal notice sent <90 days before expiry, or 10+% of annual rent awarded to tenant (cash or rent reduction)
Lease automatically transfers to named successor
Tenants granted preference for in-building vacancies
No out-of-state landlords
No bump in rent for in-building transfers to similar size units