Council Protects Tenants Seeking Lead Hazard Remedies
Ordinance prohibits evictions of tenants seeking advice or service for lead hazards.
An ordinance introduced by Alderman Jose G. Perez aims to protect tenants from evictions and retaliation by landlords for seeking to have lead hazards addressed.
The legislation, which was passed unanimously Tuesday by the Milwaukee Common Council, explicitly prevents landlords from evicting, terminating a lease, or denying automatic renewal of a tenant who seeks advice or service regarding known or suspected lead hazards in a rented home. The protections also extend to individuals who cooperate with the city on investigating and abating lead hazards including lead paint and water.
Perez said the need for the legislation came to light after working with the Milwaukee Health Department on lead abatement. Under new commissioner Jeanette Kowalik, the department has worked to get its Childhood Lead Poisoning Prevention Program, including home abatements, functioning again and compliant with federal and state guidelines and funding requirements. A myriad list of serious failures at the department became public when Mayor Tom Barrett announced the resignation of his longtime appointee Bevan K. Baker in January 2018.
The Apartment Association of Southeastern Wisconsin had objected to an earlier version of the legislation, but supported an amendment introduced on the council floor by Perez. The amendment added the language “who is in compliance with the terms and conditions of a lease or tenancy.” Calling the change “fair and sensible,” Association attorney Heiner Giese said: “[This] clarifies that tenants cannot use a lead hazard or lead nuisance complaint as a defense to an eviction or the landlord’s modification of their rental agreement if they are delinquent in rent or otherwise in breach of the rental agreement.”
At a hearing on the legislation at the Public Safety & Health Committee in late June, Giese said the intent of his proposed amendment was “to make sure the tenant was acting in good faith.”
“This has been a huge issue that has been plaguing the community,” said Alderwoman Chantia Lewis at the June hearing. “One thing we need to bring to the table is that we have many landlords, that you know maybe are not really taking care of their properties.”
“We have the term slumlord for a reason,” added Lewis. She stressed that the issue with lead abatement wasn’t just with lead service lines, but with the whole home.
The ordinance was originally sponsored by Perez and Lewis, but the entire council was added as co-sponsors before the measure was unanimously approved. The proposal is awaiting the mayor’s signature before becoming law.
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Related Legislation: File 181759
More about the Lead Crisis
- City Hall: City Unveils Latest Lead Lateral Plan - Jeramey Jannene - May 24th, 2023
- Eyes on Milwaukee: New Emergency Housing For Those With Lead Poisoning - Jeramey Jannene - May 8th, 2023
- New Funding Supports Environmental Health Efforts in City of Milwaukee - Revitalize Milwaukee - Apr 30th, 2023
- State Will Get $139 Million Federal Funds for Water Infrastructure - Danielle Kaeding - Apr 9th, 2023
- Marquette Law School’s Water Law and Policy Initiative to host Congresswoman Moore for a conversation on Wisconsin’s lead pipe problem, April 5 - Marquette University - Mar 30th, 2023
- Senator Baldwin Helps Deliver Over $62 Million for Clean Drinking Water in Wisconsin - U.S. Sen. Tammy Baldwin - Feb 24th, 2023
- City Hall: Milwaukee Faces Complicated Question On What Lead Pipes To Replace Next - Jeramey Jannene - Feb 23rd, 2023
- Eyes on Milwaukee: Revitalize Milwaukee Plots Major Expansion - Jeramey Jannene - Feb 10th, 2023
- Senator Baldwin Supports New Initiative to Accelerate Lead Pipe Removal in Wisconsin - U.S. Sen. Tammy Baldwin - Jan 27th, 2023
- Wisconsin Communities Act to Prevent Lead Poisoning - Wisconsin Department of Health Services - Aug 17th, 2022
Read more about Lead Crisis here
Political Contributions Tracker
Displaying political contributions between people mentioned in this story. Learn more.
- March 30, 2016 - Tom Barrett received $100 from Bevan K. Baker
- August 29, 2015 - Tom Barrett received $25 from Bevan K. Baker
- November 12, 2014 - Jose G. Perez received $100 from Heiner Giese
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