DATCP Issues Emergency Rule Prohibiting Late Fees & Penalties Against Residential Tenants

April 30, 2020

The Department of Agriculture, Trade, and Consumer Protection issued an Emergency Rule that prohibits landlords from charging any tenant a fee or a penalty for nonpayment of rent or late payment of rent during an emergency declared pursuant to Wis. Stat. § 323.10 and for 90 days following the expiration of the emergency. The Emergency Rule is an amendment to Wisconsin Administrative Code Chapter ATCP 134, which only applies to residential rental practices. The rule does not apply to commercial tenants.

The Emergency Rule’s Effective Start Date is April 25, 2020.  The Emergency Rule expires on September 21, 2020.

Here is a link to the Emergency Rule: https://docs.legis.wisconsin.gov/code/register/2020/772B/register/emr/emr2002_rule_text/emr2002_rule_text