Wisconsin landlords challenge DATCP, state Department of Justice over several codes 

According to WisBusiness, a group of landlords in southeast Wisconsin wants to suspend multiple administrative codes governing their interactions with tenants. Opponents assert that the code is the law.

The plaintiffs, including five landlords and one prospective landlord managing properties in the Waukesha and Milwaukee areas, recently filed a brief in Waukesha County Circuit Court. It argues that the Department of Agriculture, Trade, and Consumer Protection (DATCP) codes are unconstitutionally vague, and another related to voiding rental contracts exceeds the state agency’s authority.

Community Justice attorney Carousel Bayrd says the codes being challenged replicate word-for-word what the Legislature wrote into landlord and tenant law.

The plaintiffs are seeking a temporary injunction of certain DATCP regulations relating to landlords’ ability to withhold money from a security deposit; how security deposit withholding statements are organized; and the frequency and length of time landlords are allowed to enter a tenant’s dwelling.