Wisconsin Rental Housing Health Code Requirements

As a renter in Wisconsin, making sure your home is safe and healthy is your legal right. The state sets clear minimum standards – called rental housing health codes – to protect tenants. Knowing these standards empowers you to ask for repairs, avoid unsafe conditions, and take action if your home isn’t up to code.

What Are Minimum Housing Health Codes in Wisconsin?

Wisconsin’s minimum housing health codes outline the basic conditions all rental units must meet for cleanliness, safety, and livability. These rules protect renters from hazards such as mold, pests, structural dangers, and lack of utilities. State law sets the baseline, but local cities and counties may add stricter rules.

• Safe Structure: The building must be structurally sound, with no large cracks or collapse risk.
• Sanitary Conditions: Landlords must keep units sanitary and free from significant pest infestations (like rats, cockroaches).
• Working Facilities: Every rental must have safe heating, plumbing, hot/cold water, and properly working electricity.
• Smoke and Carbon Monoxide Alarms: Required by law in most rented homes.
• Weatherproofing: Doors, windows, and roofs must protect renters from rain, wind, and extreme weather.

Local health departments, the Wisconsin Department of Health Services, and the Wisconsin Housing Code work together to enforce these standards. Always check if your city or county has even stricter rules for rental properties.

Key Rights and Landlord Responsibilities

Under Wisconsin Statutes Chapter 704 - Landlord and Tenant law, landlords must:

• Maintain rental units in a habitable condition
• Make timely repairs after being notified of a health or safety issue
• Follow all codes and ensure utilities (like heat and water) are available

Tenants should promptly notify landlords in writing about any code violations. If repairs aren’t made, you have several official complaint options.

Common Health Code Violations

• Lack of heat in winter
• Unsafe stairways or balconies
• Broken or missing smoke alarms
• Mold caused by leaks not addressed

How to Report a Health or Safety Violation

If your landlord fails to fix serious health issues, you can contact your local health or building department, or file a formal tenant complaint. Here’s how:

1. Document the problem: Take photos and keep copies of all communications.
2. Provide written notice to your landlord, describing the issue and requesting repairs.
3. If there’s no action, file a complaint with your local health or building inspection department. In some cases, you may also use state housing complaint forms.

Official Forms Renters May Need

• Wisconsin Tenant Complaint Form (DATCP Form TR-COMPL-2023)
  Use this official form to submit a complaint to the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) if your landlord ignores health/safety or code issues. For example, if your landlord repeatedly refuses to fix heating during winter, fill out this form and explain your situation. DATCP will review your case and may contact your landlord.

Who Oversees Tenant Complaints and Disputes?

In Wisconsin, the main body overseeing residential tenancy issues is the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP). DATCP addresses complaints about habitability, repairs, and violations of Wisconsin landlord-tenant laws. Local public health or building inspection offices handle the initial investigations of code and health complaints and enforce correction of violations.

Relevant Wisconsin Tenancy Laws

The main legislation protecting renters is Wisconsin Statutes Chapter 704. Additional health standards can be found in the Wisconsin Administrative Code, Chapter ATCP 134.

FAQ: Wisconsin Rental Housing Health Code

1. What do I do if my landlord won’t fix a serious health code problem?
   Document the issue, give written notice to your landlord, and if no action is taken, file a complaint with your local inspection department or DATCP using the official Tenant Complaint Form.
2. Does my landlord have to provide smoke or carbon monoxide alarms?
   Yes. Wisconsin law requires landlords to provide and maintain working smoke and, in many cases, carbon monoxide alarms in rental units.
3. Can I withhold rent if my home is not up to code?
   No. Wisconsin law generally does not allow tenants to withhold rent. Seek repairs formally and file a complaint instead – withholding rent could put you at risk of eviction.
4. Where can I find my local inspection department?
   Check your city or county website for a building or health inspection office. Many local governments have online directories for code enforcement.
5. Does Wisconsin set a minimum temperature for rental units?
   No specific statewide minimum exists; however, buildings must have functioning and safe heating systems capable of maintaining a reasonable temperature in winter.

Key Takeaways for Wisconsin Renters

• Your landlord must meet state and local health and safety standards in all rentals.
• Always put requests for repairs in writing and keep a record.
• You have the right to file an official complaint with DATCP or your local health department if repairs aren’t made.

Staying informed and organized is your best tool for resolving rental health and safety concerns fairly.

Need Help? Resources for Renters

• Wisconsin DATCP – Landlord/Tenant Resources
• Official Tenant Complaint Form (TR-COMPL-2023)
• Wisconsin Housing Code Summary
• Wisconsin Department of Health Services – Housing Resources

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1. Wisconsin Statutes Chapter 704 – Landlord and Tenant Law
2. Wisconsin Administrative Code, Chapter ATCP 134 (Residential Rental Practices)
3. Wisconsin DATCP – Landlord/Tenant Resources
4. Wisconsin Tenant Complaint Form (TR-COMPL-2023)
5. Wisconsin Department of Health Services – Housing Division

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