Tristan’s Landlord-Tenant Law Blog
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Tristan’s Landlord-Tenant Law Blog
Archive of: COVID-19
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W.R.A.P it up with a Bow? The Wisconsin Rental Assistance Program
Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments
By Attorney Jennifer Hayden of Petrie + Pettit S.C. The Division of Energy, Housing, and Community Resources has partnered with the Wisconsin Community Action Program Association to provide “direct assistance” for struggling Wisconsin tenants by way of 25 million dollars allocated to agencies across the state. Tenants who meet certain income and need eligibility can apply for the funds through the Wisconsin Community Action Program Association which will then issue payment ...
Read MoreThe Wisconsin Supreme Court Struck Down Governor Evers’ Stay-At-Home Order, So I Can Now Serve Notices Terminating Tenancy and File Evictions, Right?
Posted by Tristan R. Pettit, Esq. in Evictions, COVID-19 / Comments
Written by Attorney Jennifer Hayden of Petrie + Pettit The Wisconsin Supreme Court struck down Governor Evers’ Stay-At-Home Order, so I can send notices terminating tenancy and file evictions, right? Ahhh, no. The Wisconsin Supreme Court’s decision is narrowly tailored to state that it is finding Emergency Order 28 to be unenforceable and focused much of its ire on “the assertion of power by one unelected official, Andrea Palm.” Conversely, it ...
Read MoreDATCP's Temporary Emergency Rule Prohibiting the Charging of Late Fees Is In Effect
Posted by Tristan R. Pettit, Esq. in Late Fees, COVID-19 / Comments
UPDATED on July 9, 2020 On, April 25, 2020, with little publicity, the Department of Agriculture, Trade and Consumer Protection (DATCP) published a temporary emergency rule (20-R-02) modifying Wis. Admin Code ch ATCP 134 (“Residential Rental Practices”) creating a temporary prohibition on the charging of late fees or late rent penalties for any missed rent payments during the COVID-19 health emergency and during the 90 days following the health ...
Read MoreCARES Act Eviction Restrictions Apply to More Landlords Than You Think
Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments
The following is a guest post written by Atty. Jennifer Hayden of Petrie + Pettit S.C. We’ve previously discussed the impact of the recent extension of the Stay at Home Order by Governor Evers. However, under Section 4024 of the CARES Act, Landlords who have residential tenants in a “covered dwelling” that participates in a “covered housing program” (as defined in section 41411(a) of the Violence Against Women Act of 1994 ...
Read MoreAn Update on Milwaukee County Small Claims Court
Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments
I know that everyone is anxious to learn when and how Milwaukee County will be proceeding with evictions in the future. I have attended several virtual Small Claims Bench/Bar Committee Meetings, which include attorneys representing both landlords and tenants as well as Milwaukee County Judges and Court Commissioners, and those issues are being discussed. Please understand that the courts do not have all of the answers at this point. This is ...
Read MoreA Deep Dive Into Governor Evers’ Emergency Order #15 – Temporary Ban on Evictions and Foreclosures
Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments
My office has received a lot of questions about Governor Evers’ Emergency Order regarding a temporary ban on evictions and foreclosures in the last few days. There appears to be a lot of misunderstanding or confusion over the Order so I will attempt to clarify the Order and answer many of the questions that I have received. First off, it is important to keep in mind that all we know ...
Read More3/27/20 - Further Update On Court Closures and Related Issues Pertaining to COVID-19
Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments
Things continue to be very fluid when it comes to eviction court and what the various counties are doing, or not doing, in lieu of the COVID-19 pandemic and the Governor’s Safer at Home Order. As you are aware from my earlier posts, Milwaukee County courts suspended in=person court proceedings through April 3, 2020 as a pandemic precaution. On March 22, 2020, the Wisconsin Supreme Court issued two Administrative Orders, ...
Read MoreGovernor Evers Prohibits Notices Terminating Tenancy and Eviction Actions for Sixty Days Unless There is Imminent Threat of Serious Physical Harm
Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments
Governor Evers issued an Order today prohibiting notices terminating tenancy, eviction actions and the filing of writs unless based on the imminent threat of serious physical harm to another person for the next sixty (60) days. In relevant part, the Order states as follows: 1. Landlords are prohibited from serving any notice terminating a tenancy for failure to pay rent. 2. Landlords are prohibited from serving any notice terminating a tenancy ...
Read MoreGUEST POST: City of Milwaukee “Stay at Home” Order - UPDATED 4.28.20
Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments
This is a guest post from Atty. Jennifer Hayden of Petrie + Pettit S.C. As many of you know, the City of Milwaukee Commissioner of Health issued a “Stay at Home” Order effective at 12:01 a.m. on March 25, 2020. There is no specified end date or time. Except for the specific exceptions listed, all individuals currently living within the City of Milwaukee are ordered to stay at home or ...
Read MoreFreddie Mac and Fannie Mae Offer Multifamily Property Owners Mortgage Forbearance If They Suspend All Evictions For Tenants Affected By The Coronavirus
Posted by Tristan R. Pettit, Esq. in COVID-19 / Comments
On March 23, 2020 the Federal Housing Finance Agency (FHFA) announced that Freddie Mac and Fannie Mae will offer multifamily property owners mortgage forbearance with the condition that they they suspend all evictions for renters unable to pay rent due to the impact of the coronavirus. The eviction suspensions would need to remain in place for the entire duration of the time that the property owner remains in forbearance. The forbearance ...
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