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Lead Paint Hazards
(AB 806)
AB 806 provides incentives for property owners to address lead
paint hazards in their property by providing conditional
immunity from lawsuits for owners who act to remove or control
lead paint problems. The legislation was made necessary by a
recent state Supreme Court ruling that created a substantial new
risk for landlords regarding lead paint litigation. Under the
bill, property owners must act only if a child has an elevated
blood lead level. For all other owners, the provisions of the
bill are voluntary. Only those property owners seeking liability
protections are required to perform lead paint hazard controls.
The bill: (1) provides for the establishment of clear standards
for training and certifying lead rental property owners/workers
to work with LBP affecting their properties; (2) provides for
the establishment of clear standards that property owners must
meet in order to receive a certificate indicating their property
is lead free or lead safe; (3) establishes clear liability
limits for residential property owners who effectively remove or
control lead hazards. This legislation constitutes a reasonable
balance between the protection of both innocent children and
innocent property owners in addressing the threat of lead paint
poisoning. AB 806 passed both Houses unanimously.
Honorable Mention (Did not
pass)
- AB 711 – Termination of
Tenancy
Currently Wisconsin landlords may terminate a tenancy by use
of a five-day notice when it is determined that a nuisance
exists in a rental unit because the property is being used
for drug-related or criminal gang-related purposes. AB 711
extends the use of the five-day procedure to situations
where a tenant’s behavior posses a direct threat to the
safety of other tenants, guests, the landlord, or the
landlord’s agents. The procedure can also be used if the
tenant’s behavior posses a substantial risk of physical
damage to the property of other tenants, guests, the
landlord or the landlord’s agent. The bill passed the
state Assembly on a voice vote but was not considered by the
Senate prior to adjournment of the session.
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