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West Allis, WI Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum heat
67°F in living areas
Requires
Hot and cold running water
Requires
Working smoke/CO detectors
Also disqualifying
Mold, rodent/insect infestation

Summary

West Allis code declares a rental unit a human health hazard if it lacks hot water, can't hold 67°F heat, has unsafe wiring, or has no working smoke or CO detectors.

Inhabitability Conditions. Any property that has any of the following conditions: Lacks hot or cold running water. Heating facilities not in safe operating condition or are not capable of maintaining a temperature, in all living areas of the property or unit, of at least 67 degrees Fahrenheit during all seasons of the year in which the property or unit may be occupied. Temperatures in living areas shall be measured at the approximate center of the room, midway between floor and ceiling. Not served by electricity, or the electrical wiring, outlets, fixtures, or other components of the electrical system are not in safe operating condition. Any structural or other conditions that constitute a substantial hazard to the health or safety of the tenant, or create an unreasonable risk of personal injury as a result of any reasonably foreseeable use of the property or unit other than negligent use or abuse of the property or unit by a tenant. Not served by plumbing facilities in good operating condition. Not served by sewage disposal facilities in good operating condition. Lacks working smoke detectors or carbon monoxide detectors. Infestation of rodents or insects. Excessive mold. HISTORY Adopted by Ord. O-2025-0028 on 5/20/2025

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: ?).

Full Breakdown

Acting under Wis. Stat. § 254.59(7)(a), § 7.25 lists specific "Inhabitability Conditions" that are per se human health hazards: no hot or cold running water; heating that can't maintain at least 67°F in all living areas through the occupied season; unsafe electrical wiring or fixtures; structural hazards posing a substantial risk of injury; plumbing or sewage disposal not in good operating condition; missing working smoke or carbon monoxide detectors; rodent or insect infestation; and excessive mold. Any one condition triggers the City's human-health-hazard process, separate from any civil landlord-tenant claim.

Violations & Fines

The Health Department can order a property brought into compliance as a declared human health hazard; violating any Chapter 7 provision carries a forfeiture of up to $500 per offense, with each day of an ongoing violation counted separately.

Frequently Asked Questions

What temperature must a West Allis rental maintain in winter?
Heating must hold at least 67°F in all living areas during the season the unit may be occupied, per § 7.25.
Does West Allis require smoke detectors in rental units?
Yes: a unit lacking working smoke or carbon monoxide detectors is a declared human health hazard under § 7.25.

Sources & Official References

Other rules in West Allis

All West Allis rules

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