If a rental applicant or tenant has a disability and a disability-related need for an animal, it is discrimination for a landlord to do any of the following because the person keeps such an animal: Wisconsin lawyers should be aware that under federal fair housing law, a tenant who wishes to keep an ESA is not required to have a licensed health care professional verify that the tenant has a disability and a disability-related need for the ESA.Īnimals That Do Work or Perform Tasks for Individuals with Disabilities. 3 These sections essentially set forth the basics of reasonable accommodation law related to assistance animals in Wisconsin and provide lawyers with one place to turn for reference. § 106.50(2r)(bg)) and one focused on emotional support animals (Wis. 2 The prior law’s limitations confused many lawyers because it failed to address tenants who may have had other nonlisted disabilities or animals with no specific training.Īct 317 replaced the above statutory section with two separate provisions, one addressing “Animals that do work or perform tasks for persons with disabilities” (Wis. section 106.50(2r)(bm), titled “Animals assisting person with disabilities,” which focused on animals assisting people with visual, hearing, or mobility impairments and only applied to animals that were specifically trained. Act 317 also covers non-landlord-tenant-related topics that will not be addressed in this article, including the repair or replacement of properties in historic districts, inspections of rental properties, rental property registration, and utilities. The latest omnibus law is Act 317 (effective April 18, 2018), 1 which made substantial modifications and additions to Wisconsin landlord-tenant law. Informally referred to as the Landlord Omnibus Laws, the following laws have been passed since 2012: 2011 Wis. Lawyers for landlords and tenants alike need to understand these new laws, and modifications to prior laws, to properly represent and advocate for their clients. Act 317, which became effective on April 18, 2018. The Wisconsin Legislature has made several changes to landlord-tenant law in the last several years.
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