Wisconsin Statewide Rule
Wisconsin Bans Local Rent Control (Wis. Stat. § 66.1015)
Key Facts
- Local rent control
- Banned (state-preempted)
- Statewide rent cap
- None
- Preemption statute
- Wis. Stat. § 66.1015
- Cities with rent control
- None
Summary
Wisconsin prohibits rent control statewide. Wis. Stat. § 66.1015 bars every city, village, town, and county from regulating the amount of rent charged for a residential rental unit. There is no statewide rent cap and no Wisconsin locality operates a rent control program, so rent and increases are set by the lease and the market.
66.1015 66.1015 Municipal rent control, inclusionary zoning, prohibited. 66.1015(1) (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. 66.1015(2) (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: 66.1015(2)(a) (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. 66.1015(2)(b) (b) Entering into an agreement with a private person who regulates rent or fees charged for a residential rental dwelling unit. 66.1015(3) (3) 66.1015(3)(a) (a) In this subsection: 66.1015(3)(a)1. 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. 66.1015(3)(a)2. 2. “Median income” has the meaning given in s. 234.49 (1) (g) . 66.1015(3)(b) (b) No city, village, town, or county may enact, impose, or enforce an inclusionary zoning requirement.
Full Breakdown
Wis. Stat. § 66.1015(1) provides that "no city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit." This is an express statewide preemption: local governments have no authority to cap rents or limit rent increases. A narrow exception under § 66.1015(2) lets a municipality or housing authority regulate rent in units it owns or operates, or by voluntary agreement with a private owner, but that is not general rent control. The same statute also prohibits inclusionary zoning that ties residential units to income thresholds. Because no enabling power exists and the statute affirmatively forbids it, no Wisconsin city or county can lawfully adopt a rent-control or rent-stabilization ordinance, and none does.
Violations & Penalties
Wisconsin imposes no penalty on landlords for the amount of rent charged or any increase, because there is no rent ceiling. A local ordinance attempting to regulate rent would be preempted by Wis. Stat. § 66.1015 and unenforceable as beyond the locality's authority.
Frequently Asked Questions
Is rent control legal in Wisconsin?
Can a city in Wisconsin pass its own rent control?
Is there a limit on how much rent can increase in Wisconsin?
Sources
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