What are the heat laws in Wisconsin? What to do when heat goes out - Milwaukee Journal Sentinel

What are the heat laws in Wisconsin? What to do when heat goes out

Can your landlord control your heat, where to get help with heating bills and answers to other questions
Drew Dawson

As temperatures drop, it's time to start thinking about turning on the heat.

For homeowners, they get to decide when to finally give in and turn it on. For renters, it can be different. Sometimes they have controls in their home. Other have to wait for the landlord to decide when to turn on the heat in a building or unit.

For the latter, here's what you should know.

What is the actual law in Wisconsin regarding turning on heat?

There are two laws that apply here:

Wis. Stat. 704.07(2)(a)2: "Keep in a reasonable state of repair all equipment under the landlord's control necessary to supply services that the landlord has expressly or impliedly agreed to furnish to the tenant, such as heat, water, elevator, or air conditioning."

ATCP 134.04(2)(b)2: "Heating facilities serving the dwelling unit are not in safe operating condition, or are not capable of maintaining a temperature, in all living areas of the dwelling unit, of at least 67° F (19° C) during all seasons of the year in which the dwelling unit may be occupied. Temperatures in living areas shall be measured at the approximate center of the room, midway between floor and ceiling."

Are landlords or utilities allowed to turn on the heat whenever they want?

No. For landlords, they must allow tenants the ability to heat all living areas in their rental to at least 67 degrees Fahrenheit.

For utilities, Wisconsin law states that there is a moratorium from Nov. 1 to April 15 during which utility companies cannot turn off utility services related to heating a home even if a tenant does not pay for them. When the moratorium ends, a utility can disconnect heating services until payment arrangements are made.

The Public Service Commission of Wisconsin encourages electric and natural gas utility customers with outstanding bills to make payment arrangements with their provider or apply for financial assistance before the annual winter heating moratorium on disconnections begins.

Is there financial assistance for heating bills from the state of Wisconsin?

According to the Public Service Commission of Wisconsin, financial assistance for utility bills is available through:

Wisconsin Home Energy Assistance Program (WHEAP), which is available to income-eligible households.
Wisconsin Emergency Rental Assistance (WERA) program
Wisconsin Help for Homeowners program

More information about applying for energy, utility, or emergency rental assistance can be found through calling the Statewide Customer Care Center at 1-800-506-5596.

Does a landlord need to tell me anything about the heating in a rental unit?

According to the city of Milwaukee, landlords must also disclose if the heating unit cannot maintain a temperature of at least 67°F.

What do I do if a landlord is in violation of these laws?

According to UW-Milwaukee, here are the steps you should take:

- 1.) Contact your landlord. This should be done in writing and by calling your landlord. According to the Department of Neighborhood Services, the landlord must fix the heat within 24 hours.
- 2.) If your landlord fails to respond to your communication immediately or informs you that it will take more than 24 hours to fix, you should contact the Milwaukee Department of Neighborhood Services to report the problem with your landlord. DNS can be contacted at 414-286-2489 or you can report the problem on the DNS website under Neighborhood Property Concerns.
- 3.) Record the temperature. Keep track of the temperature of your rental using a thermometer and take a picture of the results.

Drew Dawson can be reached at ddawson@jrn.com or 262-289-1324.