AB 705

Under current law, if a tenant facing eviction applies for emergency assistance

under the Wisconsin Works (W-2) program, the court must stay the eviction

proceedings until the tenant's eligibility for emergency assistance is determined and,

if the tenant is determined to be eligible, until the tenant receives the emergency

assistance. However, current law provides that the stay may not remain in effect for

more than 10 working days and that no stay may be granted after a writ of restitution

of the premises has been issued. Currently, the Department of Children and

Families administers the W-2 program, which provides, among other things,

emergency financial assistance to qualifying families who are homeless or who are

facing impending homelessness.

This bill eliminates the current law restrictions on the mandatory emergency

stay in eviction proceedings. In other words, under the bill, a tenant who applies for

W-2 emergency assistance is entitled to have eviction proceedings stayed even if a

writ of restitution has been issued, and the stay must remain in effect until the

tenant's eligibility for emergency assistance is determined and, if the tenant is

determined to be eligible, until the tenant receives the emergency assistance.