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AB 1119

Relating to: rent abatement and retaliatory conduct and granting rule-making authority.

2025-2026 Regular Session Introduced by Margaret Arney and 14 co-sponsors

AB 1119 would create a formal rent abatement framework with a state schedule and strengthen retaliation protections for tenants who exercise tenancy rights.

Failed to pass pursuant to Senate Joint Resolution 1
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Bill Summary · AB 1119

Summary of AB 1119 ( Wisconsin, 2025-26 Session )

Proposed by: Assembly members Madison, Clancy, Palmeri, Emerson, Hong, Sinicki, Snodgrass, Stubbs, Arney, Moore Omokunde, Roe, Tenorio; with several Senate sponsors. Referred to the Assembly Committee on Housing and Real Estate. This bill did not advance in the Senate (noted as “Failed to pass pursuant to Senate Joint Resolution 1” on 3/23/2026).

Purpose and intent
- The bill aims to reform rent abatement rules and expand protections against retaliatory conduct by landlords in residential tenancies.
- It seeks to create a formal, department-promulgated framework for rent abatement and to clarify when landlord actions can be considered retaliatory after a tenant raises defects or exercises legal tenancy rights.

Key provisions

1) Rent abatement schedule and broader abatement authority
- Amends 704.07(4) to allow rent abatement when the premises become untenantable or unhealthy due to fire, water, casualty, health hazards, or substantial violations affecting health or safety.
- Where applicable, tenants may abate rent in accordance with a rent abatement schedule promulgated by the Department of Agriculture, Trade and Consumer Protection (DATCP) by rule.
- Creates 704.07(6) to establish this “Rent Abatement Schedule,” which DATCP would develop to specify:
- Items for which tenants are entitled to rent abatement.
- The amount of rent abatement for each item.
- The bill explicitly allows rent abatement in full in certain circumstances, beyond partial abatements.

2) Retaliation protections and presumptions
- 704.45(1)(c) is amended to explicitly include “exercising a legal right relating to residential tenancies, including the reasonable abatement of rent” as a protected activity against retaliation.
- New 704.45(1m) creates a presumption of retaliation if a landlord takes one of the listed adverse actions (increasing rent, decreasing services, filing an eviction, not renewing a lease, or threatening these actions) within 12 months after the tenant engaged in protected activity (e.g., raised a defect, abated rent, or exercised any tenancy rights).
- 704.45(2) remains, allowing eviction actions in limited circumstances, but aligns with the above protections by acknowledging rent abatement under 704.07.

3) Clarifications
- Section 1: Clarifies that, when a tenant remains in possession but the premises are untenantable, rent abates to the extent of the loss of full use of the premises, per the new abatement schedule (if available). If the tenant moves out (justifiably), rent is not due for the period after untenantability begins; the landlord must refund prepaid rent for that period. This provision would not apply if damage or condition is due to tenant negligence or improper use.

Procedural and timeline aspects

  • Rulemaking authority: DATCP would be tasked with creating the rent abatement schedule through rulemaking.
  • Effective dates: The bill text does not specify immediate effective dates for provisions beyond their statutory amendments; as introduced, provisions would become law upon enactment and subsequent rulemaking by DATCP for the abatement schedule.
  • Status: Introduced March 13, 2026; referred to committee; later noted as not passing in the Senate.

Implications and potential impact

  • For tenants: Provides a potentially clearer, department-guided framework for rent abatement based on specific itemized deductions and a formal schedule, plus stronger protections against landlord retaliation after complaints or lawful tenancy actions.
  • For landlords: Creates a new rent abatement framework (potentially reducing revenue during periods of untenantability) and a presumption framework that places burdens on landlords to justify actions that could be deemed retaliatory.
  • Administrative: DATCP would develop the rent abatement schedule, which could standardize abatements across Wisconsin and reduce disputes over rent reductions during repairs or health/safety issues.

Overall, AB 1119 seeks to balance tenant protections with a formalized mechanism for rent abatements and clearer retaliation rules tied to tenants exercising their rights.

Compiled from official sources — confirm details with the bill’s official record.

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