Milwaukee, WI Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Preemption statute
- Wis. Stat. §66.1014
- Owner-occupancy rule
- Prohibited
- Minimum stay protected
- Six nights or more
- License still required
- Yes, Ch. 105
Summary
Milwaukee cannot restrict short-term rentals to a host's primary residence. Wisconsin Act 59 (2017) and Wis. Stat. §66.1014 expressly bar municipalities from limiting rentals of six or more nights to owner-occupied or primary-residence properties.
66.1014 Limits on residential dwelling rental prohibited. (1) In this section: (a) "Political subdivision" means any city, village, town, or county. (b) "Residential dwelling" means any building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others. (2) (a) Subject to par. (d), a political subdivision may not enact or enforce an ordinance that prohibits the rental of a residential dwelling for 7 consecutive days or longer. (b) If a political subdivision has in effect on September 23, 2017, an ordinance that is inconsistent with par. (a) or (d), the ordinance does not apply and may not be enforced. (d) 1. If a residential dwelling is rented for periods of more than 6 but fewer than 30 consecutive days, a political subdivision may limit the total number of days within any consecutive 365-day period that the dwelling may be rented to no fewer than 180 days.
Full Breakdown
The Wisconsin Legislature in 2017 stripped municipalities of the power to confine short-term rentals to primary residences. Milwaukee Code Ch. 105 therefore licenses tourist rooming houses without an owner-occupancy condition, although the property must meet building, zoning, and habitability standards. The city retains the right to cap rentals shorter than six nights and to require operator licensing, lodging-tax registration with the Wisconsin Department of Revenue, and adherence to nuisance abatement procedures under Ch. 80 zoning and Ch. 90 health rules.
Violations & Fines
Cities attempting to enforce primary-residence-only conditions face state-law preemption challenges, while operators violating licensing or zoning rules may face Ch. 105 citations and forfeitures.
Frequently Asked Questions
Can investors operate non-owner-occupied STRs in Milwaukee?
Can the city cap how many nights I rent?
Sources & Official References
Other rules in Milwaukee
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