The Madison City Council is preparing to vote on a set of new ordinances designed to curb landlord discretion in extracting money from tenants’ rent.
Several new ordinances proposed at Tuesday’s meeting, which were introduced specifically to strengthen tenant rights, would eliminate certain loopholes in rental agreements.
City Ald. Mike Verveer, District 4, said he proposed the legislation to help protect tenants from landlords who exploit loopholes present in renters’ leases.
“If passed, the legislation will have a tremendous impact on the downtown,” Verveer said.
One ordinance introduced by Verveer would forbid landlords from charging tenants for carpet cleaning necessary for the usual abuse apartments are subjected to.
“The No. 1 deduction from security deposits is carpet cleaning,” Verveer said. “Current law makes it clear that landlords cannot deduct money from the security for normal wear and tear of carpet cleaning. So instead, what landlords try to do is find other ways to force their tenants to clean the carpets.”
Rent discounts may also be changed if an amended ordinance is passed that would close a loophole in discount rates for advanced and timely payments on rent.
Unknown to a significant number of students and under current law, the amount of money a tenant can be penalized for turning in rent late cannot exceed 5 percent.
“No landlord may charge a late rent fee or late rent penalty to a tenant, except as specifically provided under the rental agreement,” the ordinance reads. “A late rent fee or late rent penalty in any month shall not exceed 5 percent of that month’s rent.”
The provision would add that if landlords offer a discount or reduction for advanced or timely payments, late fees cannot exceed 5 percent of that month’s discounted rent.
“In essence, all the landlords are doing is finding a sneaky way to get around the law that caps late fees at 5 percent,” Verveer said. “This ordinance proposal will close that loophole that is currently allowing landlords to charge more than 5 percent late fees.”
“These are just late fees disguised,” said Ald. Todd Jarrell, District 8, who supports the proposed ordinances and believes the current ordinances leave a gray area he believes will be eliminated if the proposed ordinances are passed.
“They’re getting around the law through this loophole,” he said.
The third proposal would amend the current ordinance on exterior porches, balconies and decks, requiring wood on a deck to be treated with paint or pigmented stain. Under the current ordinance, attached porches and other similar structures only need to be painted if they are not innately resistant to weather or deterioration. The proposal would force the structures to be finished with proper paint and stain and also kept up after the initial construction.
Landlord Brian Spanos, owner of several apartments in Sun Prairie and at 522 W. Johnson St. and 518 E. Johnson St., thinks the proposed ordinances do not give landlords enough opportunities.
“I can understand for good tenants, but for the rest, they are just milking it,” Spanos said.
Spanos said landlords have the reputation of being wealthy. However, he said there are many small-time landlords in the city.
Although Spano’s apartments do not offer discounted rates for tenants who pay rent in advance or on time, he does charge a flat rate for late fees of less than 5 percent.
The City Council is expected to vote on the ordinances in October.