Milwaukee, WI Rental Property Rules: Pass-Through Charges (2026)
Key Facts
- Rent control
- Banned by §66.1014
- Local cap
- Preempted
- Disclosure rule
- ATCP 134.04
- Primary control
- Lease contract
Summary
Milwaukee cannot regulate how landlords pass through utilities, taxes, or capital improvements to tenants. Wisconsin Stat. §66.1014 bans rent control, and Act 76 (2018) preempts local pass-through restrictions, leaving lease contracts as the main constraint.
66.1015 Municipal rent control, inclusionary zoning, prohibited. (1) No city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit. (2) This section does not prohibit a city, village, town, county, or housing authority or the Wisconsin Housing and Economic Development Authority from doing any of the following: (a) Entering into a rental agreement which regulates rent or fees charged for the use of a residential rental dwelling unit it owns or operates. (b) Entering into an agreement with a private person who regulates rent or fees charged for a residential rental dwelling unit. (3) (a) In this subsection: 1. "Inclusionary zoning" means a zoning ordinance, as defined in s. 66.10015 (1) (e), regulation, or policy that prescribes that a certain number or percentage of new or existing residential dwelling units in a land development be made available for rent or sale to an individual or family with a family income at or below a certain percentage of the median income. 2. "Median income" has the meaning given in s. 234.49 (1) (g). (b) No city, village, town, or county may enact, impose, or enforce an inclusionary zoning requirement.
Full Breakdown
Because Wisconsin bans rent control under Wis. Stat. §66.1014 and broadly preempts landlord-tenant rules through Act 76, Milwaukee has no ordinance limiting how landlords pass property tax, water, sewer, or capital-improvement costs to tenants. Such allocations are governed by the lease and by Wisconsin Administrative Code ATCP 134 disclosure rules. ATCP 134.04 requires landlords to disclose to prospective tenants any utility charges they will be expected to pay separate from rent. Beyond disclosure, the size of the pass-through is a matter of negotiation and market competition, not city regulation.
Violations & Fines
Failing to disclose required utility responsibilities at lease signing or charging fees not authorized by the lease can violate ATCP 134 and trigger unfair-trade-practice remedies under Wis. Stat. §100.20(5).
Frequently Asked Questions
Can Milwaukee cap how much my landlord passes on for utilities?
What disclosures must landlords make about utilities?
Sources & Official References
Other rules in Milwaukee
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