November 27, 2023 - Introduced by Representatives J. Anderson, Hong, Clancy,
Joers, Madison, Palmeri, Baldeh, Billings, Cabrera, Conley, Drake,
Emerson, Moore Omokunde, Ohnstad, Shelton, Sinicki, Snodgrass, Stubbs
and Subeck, cosponsored by Senators Larson, Hesselbein, Spreitzer and
Taylor. Referred to Committee on Housing and Real Estate.
AB694,1,2 1An Act to create 704.46 of the statutes; relating to: rights of tenants to organize
2and engage in certain activities and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill specifies certain activities that tenants and tenant organizers are
allowed to engage in. A “tenant organizer” is defined in the bill as a person who
assists tenants in establishing and operating a tenant organization. The bill defines
a “tenant organization” as an organization made up of tenants that exists for the
purpose, in whole or in part, of communicating with landlords concerning grievances,
disputes, rent increases, or other terms or conditions of tenancy.
Under the bill, a landlord or landlord's agent may not interfere with a tenant
or tenant organizer who is engaging in any of the activities protected under the bill;
restrict a tenant organizer's access to rental premises in a manner contrary to the
requirements under the bill; discriminate or retaliate against a tenant or tenant
organizer for engaging in any of the protected activities, or threaten to do so;
interfere with or delay any investigations into violations of the provisions of the bill;
or attend or make an audio recording of any tenant organization meeting.
The bill specifies that a tenant has a right to join, meet with, or assist other
tenants; confer with a landlord through a representative of the tenant's choosing;
and engage in concerted activities with other tenants for the purpose of mutually
aiding or protecting tenants.
The bill further specifies that a tenant or tenant organizer has the right to
distribute literature relating to landlord and tenant issues in common areas of rental
premises; place literature relating to landlord and tenant issues at or under tenants'

doors; post literature relating to landlord and tenant issues on any bulletin boards
in common areas of rental premises; assist tenants in participating in tenant
organization activities; convene tenant meetings or tenant organization meetings at
any reasonable time in any tenant's unit or common area of the rental premises;
formulate responses to landlord actions, including rent increases, proposed changes
in facilities and services, and conversion of residential units to nonresidential use;
propose that the landlord modify the rental premises' facilities and services; and
engage in any other activity reasonably related to the establishment or operation of
a tenant organization.
Under the bill, the Department of Agriculture, Trade and Consumer Protection
is required to investigate alleged violations of the bill's provisions. A person who
violates the bill's provisions is subject to a civil forfeiture of not more than $10,000
for each violation. In addition, a tenant who is injured by a violation of the bill's
provisions may bring a civil action to recover damages and reasonable attorney fees.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB694,1 1Section 1. 704.46 of the statutes is created to read:
AB694,2,2 2704.46 Tenants' right to organize. (1) In this section:
AB694,2,43 (a) “Department” means the department of agriculture, trade and consumer
4protection.
AB694,2,85 (b) “Tenant organization” means any organization made up of tenants, in which
6tenants may participate, that exists for the purpose, in whole or in part, of engaging
7in communication with any landlord concerning grievances, disputes, rent increases,
8or other terms or conditions of tenancy.
AB694,2,129 (c) “Tenant organizer” means a person who assists tenants in establishing and
10operating a tenant organization and who is not a current or prospective employee,
11representative, or agent of any of the landlords of any of the tenants who are
12members of the tenant organization.
AB694,2,13 13(2) A landlord, or agent of a landlord, may not do any of the following:
AB694,3,3
1(a) Interfere with a tenant or tenant organizer who is engaging in any of the
2activities described in sub. (3) or (4) or restrict a tenant organizer's access to the
3premises in a manner contrary to sub. (5).
AB694,3,74 (b) Discriminate or retaliate against any tenant or tenant organizer for
5engaging in any of the activities under sub. (3) or (4), or threaten to do so, including
6by increasing rent, decreasing services, bringing an action for possession of the
7premises, or refusing to renew a lease.
AB694,3,98 (c) Interfere with or delay any department investigations into violations of this
9section.
AB694,3,1210 (d) Attend or make an audio recording of any meeting held under sub. (4) (e)
11unless expressly allowed to do so by the tenant organization or by a majority of the
12tenants in attendance.
AB694,3,13 13(3) A tenant may do any of the following:
AB694,3,1414 (a) Join, meet with, or assist other tenants.
AB694,3,1515 (b) Confer with a landlord through a representative of the tenant's choosing.
AB694,3,1716 (c) Engage in concerted activities with other tenants for the purpose of
17mutually aiding or protecting tenants.
AB694,3,18 18(4) A tenant or tenant organizer may do any of the following:
AB694,3,2019 (a) Distribute literature relating to landlord and tenant issues in common
20areas of the premises.
AB694,3,2221 (b) Place literature relating to landlord and tenant issues at or under tenants'
22doors.
AB694,3,2423 (c) Post literature relating to landlord and tenant issues on any bulletin boards
24in common areas of the premises.
AB694,3,2525 (d) Assist tenants in participating in tenant organization activities.
AB694,4,2
1(e) Convene tenant meetings or tenant organization meetings at any
2reasonable time in any tenant's unit or common area of the premises.
AB694,4,53 (f) Formulate responses to landlord actions, including rent increases, proposed
4changes in facilities and services, and conversion of residential units to
5nonresidential use.
AB694,4,66 (g) Propose that the landlord modify the premises' facilities and services.
AB694,4,87 (h) Engage in any other activity reasonably related to the establishment or
8operation of a tenant organization.
AB694,4,12 9(5) (a) If a landlord has in place a written policy that favors canvassing, a
10tenant organizer who is not a tenant, and who is not accompanied by a tenant, shall
11be afforded the same privileges and rights of access to the premises as any other
12person who is not an invited guest of a tenant.
AB694,4,1513 (b) If a landlord does not have in place a consistently enforced, written policy
14against canvassing, the landlord shall be considered to have in place a written policy
15that favors canvassing.
AB694,4,2016 (c) If a landlord has in place a consistently enforced, written policy against
17canvassing, a tenant shall accompany a tenant organizer who is not a tenant at all
18times while the tenant organizer is on the premises. Such a tenant organizer shall
19be afforded the same privileges and rights of access to the premises as any other
20person who is a tenant's invited guest.
AB694,4,22 21(6) The department shall investigate alleged violations of this section. The
22department or any district attorney may do any of the following on behalf of the state:
AB694,5,223 (a) Bring an action for temporary or permanent injunctive or other relief in any
24circuit court for any violation of this section. The court may, in its discretion, make
25any order or judgment necessary to restore to any person any pecuniary loss suffered

1because of a violation of this section if proof of the loss is submitted to the satisfaction
2of the court.
AB694,5,53 (b) Bring an action in any circuit court for the recovery of a civil forfeiture
4against any person who violates this section in an amount of not more than $10,000
5for each violation.
AB694,5,9 6(7) In addition to the remedies otherwise provided by law, a tenant injured by
7a violation of this section may bring a civil action to recover damages together with
8costs, disbursements, and reasonable attorney fees, notwithstanding s. 814.04 (1),
9and any equitable relief as may be determined by the court.
AB694,5,11 10(8) An agreement to waive the requirements of this section in a residential
11tenancy, including an agreement in a rental agreement, is void.
AB694,5,1212 (End)
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