Wausau Pilot & Review
Wausau’s Public Health and Safety Committee on Monday ordered a landlord to address serious maintenance issues at a rental property on the city’s east side and ruled in favor of two tenants who sought a rent abatement at the home.
Rent abatement of $2,080 was calculated at 65% of the 124 days that stretched between an initial inspection in January and Monday’s public hearing. The property, at 709 Jefferson St., was inspected on Jan. 11. Tenants pay rent of $800 per month.
In addition to back rent, tenants will only be required to pay rent of $280 per month, or 65% of their typical payment, until the landlord addresses maintenance to the satisfaction of inspection staff. That will continue until staff certifies compliance of each violation noted in the report.
The Public Health and Safety Committee also ruled that in the absence of any lump sum payment by the landlord for back rent abatement, the tenant “may withhold rent up to 95% until the amount of $2,080 has been recovered.”
City Inspector Travis Lepinski found a total of 14 violations, which included some related to windows, plumbing, lack of proper ventilation and lack of carbon monoxide detectors, among others. The city staff also found two additional violations related to a leaking roof and damaged ceiling during a subsequent inspection in February. The violations fall under the City of Wausau’s housing/municipal codes.
During the hearing, tenants testified that they requested repairs from the landlord, but were refused.
The inspection, prompted by a complaint filed by tenants Billi and Mane Chanthavong, resulted in a report that noted the landlord failed to comply with requirements to address necessary repairs.
The tenants requested a rent abatement hearing with the committee in March.
The committee had held a public hearing before going into a closed session where they deliberated on the complaint and the witnesses’ testimonies. Witnesses included the two tenants and Lepinski. The landlord, Bai Vue, was not present during the public hearing.
The five-member committee announced their decision after reconvening into open session. PHS Committee Chair Lisa Rasmussen read the findings of facts they reached during the closed session.
If either or both parties to the dispute – the tenants or the landlord – wish to further contest the committee’s decision, they can seek a review at the Marathon County Circuit within 30 days after receiving a copy of the decision by mail.
Alternately, the parties can also file a written petition for reconsideration with the committee within 10 days after receiving a copy of the decision by mail. The committee also said that “neither the filing of the petition for reconsideration nor the institution of the proceeding for judicial review shall stay the decision of this committee.”
