April 5, 2018


Housing and Real Estate

This week's e-update, the ninth and second-to-last in a series of articles focusing on legislative and budgetary accomplishments from the current session, focuses on housing affordability. This session, the legislature passed several bills designed to make housing more available and affordable, protect property rights, and streamline statewide regulations. I authored two of these bills: Assembly Bill 770, "The Housing and Development Act of 2018," and Assembly Bill 771, "The Rental Housing Act of 2018."

The following represents some of the Assembly's legislative accomplishments as it related to property rights and housing affordability:

  • Developed a two-year pilot program to give priority to chronically homeless individuals and families who are on a waiting list for the federal housing choice voucher (Assembly Bill 236)

  • Provided case management services to chronically homeless individuals or families who receive a voucher under the pilot program (Assembly Bill 236)

  • Established an interagency council on homelessness (Assembly Bill 234)

  • Required the interagency council on homeless to submit a report on the state of homelessness in Wisconsin that contains solutions for eradicating the issue (Assembly Bill 234)

  • Mandated that the Wisconsin Department of Safety and Professional Services review certain portions of the electrical wiring code every six years. Specifically, the Department of Safety and Professional Services must review the portions of this code that apply to buildings containing one or two dwelling units (Assembly Bill 480)

  • Allowed property owners to challenge property tax assessments by repealing the prohibition on appearing before the board of review to object an assessment when the property owner refuses to allow the assessor to enter the interior of his or her property. Furthermore, assessors were prohibited from increasing a property tax valuation based solely on an owner's refusal to allow enter to the assessor and specifies that the assessor may enter the property to conduct an exterior view of the real or personal property being assessed (Assembly Bill 480)

  • Prohibited state and county regulation of the maintenance, repair, replacement, restoration, rebuilding, or remodeling of structures for which the county or state did not bring enforcement action for at least ten years after the structure was constructed (Assembly Bill 480)

  • Expanded the prohibition regarding the regulation of nonconforming structures by specifying that a county may not prohibit the rebuilding of a nonconforming structure, or limit such rebuilding based on cost. Additionally, the legislature specified that the prohibition for county ordinances applies to any part of a nonconforming structure (Assembly Bill 479)

  • Prohibited homeowners' associations and housing cooperatives from adopting covenants, conditions, or restrictions that prohibit members of a homeowner's association or housing cooperative from displaying the United States flag on property in which the member has a property interest or a right to exclusive use (Assembly Bill 479)

  • Allowed all three generally accepted appraisal methods, income approach, cost approach, and sales approach, to be used when determining value during a condemnation proceeding--this is done to ensure property owners are fully reimbursed for the value of their property (Assembly Bill 770)

  • Permitted deferred payment of large impact fees until the earlier of either (a) four years from the date of issuance of the building permit or (b) six months before the municipality is to incur the cost to construct or improve the facility (Assembly Bill 770)

  • Codified the Wisconsin Supreme Court's ruling in Apartment Association of South Central Wisconsin, Inc. v. City of Madison, as it relates to inclusionary zoning and extended that ruling to home sales (Assembly Bill 770)

  • Permitted Saturday work on the site of a residential or commercial development project (Assembly Bill 770)

  • Eliminated the rental weatherization program (state budget and Assembly Bill 771)

  • Allowed owners of historic properties who, during the repair or replacement of properties located in a historic district, to use materials that are similar in design, color, scale, architectural appearance, and other visual qualities (Assembly Bill 771)

  • Allowed tenants to challenge notices they believe to be inaccurate or incorrect--Assembly Bill 771 stipulated that an incorrect notice is valid so long as the landlord did not provide an incorrect amount intentionally, and the tenant actually paid or tendered the amount he or she believes to be due

  • Established guidelines for emotional support animals in rental properties without making any changes to Fair Housing Law as it relates to service animals (Assembly Bill 771)

As readers can discern, the legislature passed a myriad of bills that protect property rights, reduce burdensome regulations, and provide protection to both tenants and landlords. This week, Governor Scott Walker signed Assembly Bill 770, "The Housing and Development Act of 2018," into law. I anticipate that he will sign Assembly Bill 771, "The Rental Housing Act of 2018" into law, in the coming weeks.


Wisconsin gains $18 for every $1 Foxconn Incentive


The Metropolitan Milwaukee Association of Commerce, in a recently published report, found that for every $1 provided to Foxconn in the form of incentives, yields $18 for Wisconsin's economy. Foxconn is a sound investment that will put Wisconsin on the leading edge of the technology sector for decades.

Local companies interested in serving as vendors, subcontractors, suppliers, and professional service firms for the Foxconn project, can register online and should consider attending one of the upcoming informational sessions.


Bill signings


Since last week's e-update, Governor Walker signed two bills that I authored into law. Assembly Bill 636 applied grievance procedures uniformly to all employees by subsequently removing the "cause" requirement from state statute and administrative code. This bill stipulated that a county may continue to offer a cause standard to county employees within its own grievance policy, but under state statute, the cause standard would no longer be mandated.

Assembly Bill 770, "The Housing and Development Act of 2018," was designed to lower the cost of new development at the local level by further reducing regulations, streamlining processes, and providing information to developers regarding fees and available lots.

Governor Scott Walker signing Assembly Bill 636 into law.

Governor Walker signing Assembly Bill 770 into law.


School Tours


I had the privilege, this week, of welcoming more than 50 students from the Cedarburg High School German-American Partnership. If you are ever visiting Madison and interested in touring the Wisconsin State Capitol, do not hesitate to contact my office: (608) 267-2369.

Cedarburg High School German American Partnership students visited the Wisconsin State Capitol.


Listening sessions


Thank you to everyone who attended the listening sessions I participated in with United States Representatives Jim Sensenbrenner and Glenn Grothman, last week; I enjoyed meeting all of you and appreciated your input on important issues.

Participating in a listening session at the Newburg Village Hall with United States Representative Jim Sensenbrenner and Senator Duey Stroebel.

Participating in a listening session at the Jackson Village Hall with United States Representative Jim Sensenbrenner and State Representative Rick Gundrum.

If you were unable to attend the last week's listening sessions, you will have two opportunities, later this month, to voice your concerns about important issues, at my in-district listening sessions. I very much look forward to hearing your views on important issues and assisting you with casework issues.

Senator Duey Stroebel (R-Cedarburg) and I will be hosting a series of in-district listening sessions on Tuesday, April 24. I very much look forward to your attendance, input, and participation. Listening sessions serve as a valuable opportunity for me to better understand the viewpoints of Sixtieth District residents.

Senator Stroebel and I will visit the following locations on April 24:

4:00-5:00 p.m.: Saukville Village Hall--639 East Green Bay Avenue, Saukville, WI 53080

6:00-7:00 p.m.: Belgium Village Hall--104 Peter Thein Avenue, Belgium, WI 53004

Have a great week,


Stay up to date


One of the best ways to stay up to date with what is happening in Madison is to sign up for the legislature's notification tracking service. This service affords you with the opportunity to track legislative activities in Madison. Upon creation of a free account, you can sign up to receive notifications about specific bills or committees as well as legislative activity pertaining to a subject area (i.e. real estate, education, health). You can sign up for this service at any time. 

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As always, if you have any comments or thoughts regarding the subject of this e-update, please feel free to contact me.

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State Capitol Room 309 North-PO Box 8952, Madison, WI 53708

(608) 267-2369

Email: Rep.Rob.Brooks@legis.Wisconsin.gov