Fitchburg, WI Rental Inspections: Tenant Complaint Process (2026)
Key Facts
- Filing deadline
- 30 calendar days from published notice of eligibility
- Filed with
- Building Inspection Department, in writing
- Maximum abatement
- Up to 95% of rental payment (§ 72-345)
- Examiner assigned
- Within 10 calendar days of filing
- Decision mailed
- Within 7 calendar days of hearing
- Judicial review
- Within 30 calendar days of decision
Summary
Fitchburg, Wisconsin tenants living in a building with an uncorrected rent-impairing code violation can force a hearing on rent abatement by filing a written request with the Building Inspection Department within 30 calendar days of the city's published notice of eligibility, under Fitchburg City Code § 72-366. The request must name the landlord and describe the alleged violation, and a filing fee applies unless waived for economic hardship.
An eligible tenant who may be entitled to abate a portion of his/her rental payment under this article shall have 30 calendar days from publication of the notice of possible eligibility by the building inspection department of the city to file a request for a hearing on authorization for rent abatement. The request shall be in writing on a form approved by the rent abatement oversight committee, shall state with specificity the name and address of the landlord and the alleged rent impairing violation and shall be filed with the building inspection department.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30).
Full Breakdown
Under Chapter 72, Division 3 of the Fitchburg Code, a landlord must give written notice of any outstanding code violation affecting a rental unit before signing a lease, and the Building Inspection Department publishes a weekly list of rental addresses with uncorrected rent-impairing violations in the official city paper within ten days of a reinspection that finds noncompliance (§ 72-281). A tenant at one of those addresses has 30 calendar days from that publication to start the complaint process by filing a written request for a hearing with the Building Inspection Department under § 72-366.
The request must be on a form approved by the Rent Abatement Oversight Committee, name the landlord, describe the alleged violation, and be accompanied by a filing fee waivable on a sworn affidavit of economic hardship. Within ten calendar days the department assigns a Rent Abatement Hearing Examiner and mails notice of the hearing date to both landlord and tenant at least ten days before it is held; the hearing cannot occur before the 30-day filing window closes. The hearing examiner can administer oaths, issue subpoenas under Wis.
01, and mediate before a formal hearing (§ 72-367). At the hearing the tenant must prove by a preponderance of the evidence that the landlord missed the correction deadline (§ 72-368(c)). A written decision is mailed within seven calendar days (§ 72-369(c)); abatement can reach up to 95 percent of rent for the affected period (§ 72-345). Either party may petition for reconsideration within ten calendar days (§ 72-370) or seek judicial review within 30 calendar days (§ 72-373).
Violations & Fines
Landlords who accept rent through misrepresentation, harassment or coercion during an abatement period face a forfeiture for each payment collected, and any person who ignores a hearing examiner's lawful order is guilty of a separate violation for every day of noncompliance (§ 72-223). Tenants who misuse the process to harass a landlord are also subject to a fine (§ 72-222). Absent a specific penalty, the general Code penalty applies: $25.00 to $500.00 for a first offense and $50.00 to $1,000.00 for repeat offenses within a year (§ 1-21).
Frequently Asked Questions
How does a Fitchburg tenant start a rent abatement complaint?
How much rent can be abated?
Can a landlord be penalized for retaliating against the complaint?
What happens if the hearing examiner rules against me?
Sources & Official References
Other rules in Fitchburg
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