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Rental Weatherization

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Starting January 1, 1985, most residential properties in Wisconsin have had to meet minimum energy conservation standards at the time of ownership transfer. Private state-certified inspectors are hired by owners to check properties for compliance with the standards by completing a Field Inspection Report. The Register of Deeds in your county will not record the transfer of a property unless:
  • An inspector has certified the property; or

  • The buyer has filed a stipulation to bring it up to Code within a year; or

  • The property or transfer is shown on the Real Estate Transfer Return to be excluded from the code; or

  • The buyer has filed a waiver with the Department of Commerce stating that the building will be demolished within two years.
The standards are the result of State legislation (s.101.122, Wis. Stats.) directing the Department of Commerce to develop energy conservation standards for rental units that have a payback of five years or less.

What Properties Are Not Covered

The code excludes transfers that are:
  • For security purposes;

  • Between agent and principal or trustee and beneficiary without consideration;

  • Part of divorce settlements;

  • For no or nominal consideration between husband and wife or parent and children;

  • Part of the probate process;

  • Involuntary, including foreclosures, bankruptcies, condemnations, court-ordered property transfers or delinquent taxes and assessments;

  • Conversion to condominium.

  • The code excludes buildings that are:

  • To be occupied by the purchaser as a primary residence for at least one year beginning within 60 days of transfer. (Applies only to buildings with 4 or fewer dwelling units.);

  • 1& 2-family residences constructed after December 1,1978;

  • Buildings with 3 or more living units constructed after April 15, 1976;

  • Condo buildings with 3 or more dwelling units;

  • Rental unit(s), which will not be rented between November 1 and March 31 of each year (including summer/vacation homes and second homes);

  • Mobile/manufactured homes;

  • Hotels, motels and tourist rooming houses, which are licensed by the Wisconsin Department of Health and Family Services;

  • Hospitals or nursing homes, which are licensed by the Wis. Dept. of Health and Family Services.
How Mixed Use Buildings Are Treated

The Code applies to mixed-use properties, such as apartments above retail space, based on the percentage of the total floor area occupied by the residential units. If it is 50% or less residential, then just the residential units must comply with the Code. If it is more than 50% residential, then the entire building must conform to the Code. (Storefront windows and doors are exempted from this requirement.)