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
- Eyes on Milwaukee: Foreclosed Home Will House Those Displaced By Lead Abatement - Jeramey Jannene - Apr 12th, 2022
- City Hall: Lead Program Investigation Closed Without Criminal Charges - Jeramey Jannene - Mar 24th, 2022
- Following DA Decision Not to Charge, DOJ Releases Files from Investigation into MHD Childhood Lead Poisoning Prevention Program - Wisconsin Department of Justice - Mar 24th, 2022
- AG Kaul Calls on EPA to Strengthen Protections Against Childhood Lead Poisoning - Wisconsin Department of Justice - Mar 17th, 2022
- Testing Kids For Lead Poisoning Declined During Pandemic - Shamane Mills - Mar 12th, 2022
- USDA Secretary Touts Lead Removal Funding - Hope Kirwan - Dec 17th, 2021
- Statement from Milwaukee Mayor Tom Barrett on the Biden-Harris Lead Pipe and Paint Action Plan: - Mayor Tom Barrett - Dec 16th, 2021
- Gov. Evers Celebrates More Than $800 Million Investment Wisconsin to Receive for Water Infrastructure - Gov. Tony Evers - Dec 8th, 2021
- The State of Politics: Infrastructure Funds Impact Entire State - Steven Walters - Dec 6th, 2021
- Wisconsin Awarded $142 Million to Address PFAS, Lead Pipes - Danielle Kaeding - Dec 3rd, 2021
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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