Section 367.03. Transfers.

 

(1)   General.

(a) Except for the exclusions specified in par. (b) , after January 1, 1985, no owner may transfer a rental unit unless one of the following applies:

1. A certificate of compliance has been issued by an inspector or the department as specified under s. SPS 367.06 (2) .

2. A written waiver has been issued by the department or department agent as specified in s. SPS 367.06 (3) .

3. A stipulation has been recorded as specified in s. SPS 367.06 (4) .

4. A satisfaction of compliance has been issued by the department as specified in s. SPS 367.06 (5) .

(b) The requirements under par. (a) do not apply to any of the following:

1. Conveyances that are exempt from the real estate transfer fee as specified under s. 77.25 , (1) , and (2r) to (21) , Stats.

2. Conveyances relating to probate as specified under chs. 851 to 879 , Stats.

3. Conveyances resulting from involuntary merger or liquidation of financial institutions.

4. Conveyances pursuant to property division under ch. 767 , Stats. , relating to divorce.

5. Conveyances to trustees in court-declared bankruptcies, provided that before subsequent transfer, the transferee presents a stipulation as described in this chapter, and that compliance shall be no later than one year after date of the subsequent transfer.

6. Conveyances pursuant to condominium declaration under ch. 703 , Stats.

7. Conveyances in a court declared bankruptcy to a party with a previous interest in the property.

8. Conveyances to cooperative housing ownership.

(2)   Multiple use occupancy. Any building, at the time of transfer, that contains a rental unit, which is not excluded under s. SPS 367.02 (2) , and is located in a building with a different occupancy, shall comply with one of the following:

(a) If the rental unit comprises more than 50% of the total gross area of the building, the entire building shall be made to conform to the requirements of this chapter.

(b) If the rental unit comprises 50% or less of the total gross area of the building, only the rental unit portion of the building shall be made to conform to the requirements of this chapter.

(3)   Rental units in condominiums. Any unit within a one-family or two-family condominium, as defined under s. 703.02 (15) , Stats., which is a rental unit, shall, at the time of transfer, be brought into compliance with the requirements of subch. IV . The requirements of subch. IV shall apply to all building elements of the individual unit as defined in s. 703.02 (15) , Stats., but not to the common elements which are defined in s. 703.02 (2) , Stats., and contained in the condominium declaration as outlined in s. 703.09 , Stats.

(4)   Local ordinances. After the effective date of this chapter, no municipality may enforce a code or ordinance of minimum energy efficiency requirements for rental units in the municipality unless the energy efficiency requirements of the code or ordinance are at least as strict as the energy efficiency requirements specified in this chapter.

History: CR 07-008 : cr. Register April 2008 No. 628 , eff. 5-1-08; correction in (1) (a) 1., 2., 3., 4., (2) (intro.) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 .

Note

Section 77.25 , (1) , and (2r) to (21) Stats. reads: "Exemption from fee. The fees imposed by this subchapter do not apply to a conveyance: Microsoft Windows NT 6.1.7601 Service Pack 1 (1) Prior to October 1, 1969. Microsoft Windows NT 6.1.7601 Service Pack 1(2r) Under s. 236.29 (1) or (2) or 236.34 (1m) (e) or for the purpose of a road, street or highway, to the United States or to this state or to any instrumentality, agency or subdivision of either. Microsoft Windows NT 6.1.7601 Service Pack 1 (3) Which, executed for nominal, inadequate or no consideration, confirms, corrects or reforms a conveyance previously recorded. Microsoft Windows NT 6.1.7601 Service Pack 1 (4) On sale for delinquent taxes or assessments. Microsoft Windows NT 6.1.7601 Service Pack 1 (5) On partition. Microsoft Windows NT 6.1.7601 Service Pack 1 (6) Pursuant to mergers of corporations. Microsoft Windows NT 6.1.7601 Service Pack 1 (6d) Pursuant to partnerships registering as limited liability partnerships under s. 178.40 . Microsoft Windows NT 6.1.7601 Service Pack 1 (6m) Pursuant to the conversion of a business entity to another form of business entity under s. 179.76 , 180.1161 , 181.1161 , or 183.1207 , if, after the conversion, the ownership interests in the new entity are identical with the ownership interests in the original entity immediately preceding the conversion. Microsoft Windows NT 6.1.7601 Service Pack 1 (7) By a subsidiary corporation to its parent for no consideration, nominal consideration or in sole consideration of cancellation, surrender or transfer of capital stock between parent and subsidiary corporation. Microsoft Windows NT 6.1.7601 Service Pack 1 (8) Between parent and child, stepparent and stepchild, parent and son-in-law or parent and daughter-in-law for nominal or no consideration. Microsoft Windows NT 6.1.7601 Service Pack 1 (8m) Between husband and wife. Microsoft Windows NT 6.1.7601 Service Pack 1 (9) Between agent and principal or from a trustee to a beneficiary without actual consideration. Microsoft Windows NT 6.1.7601 Service Pack 1 (10) Solely in order to provide or release security for a debt or obligation. Microsoft Windows NT 6.1.7601 Service Pack 1 (11) By will, descent or survivorship. Microsoft Windows NT 6.1.7601 Service Pack 1 (12) Pursuant to or in lieu of condemnation. Microsoft Windows NT 6.1.7601 Service Pack 1 (13) Of real estate having a value of $100 or less. Microsoft Windows NT 6.1.7601 Service Pack 1 (14) Under a foreclosure or a deed in lieu of a foreclosure to a person holding a mortgage or to a seller under a land contract. Microsoft Windows NT 6.1.7601 Service Pack 1 (15) Between a corporation and its shareholders if all of the stock is owned by persons who are related to each other as spouses, as lineal ascendants, lineal descendants or siblings, whether by blood or by adoption, or as spouses of siblings, if the transfer is for no consideration except the assumption of debt or stock of the corporation and if the corporation owned the property for at least 3 years. Microsoft Windows NT 6.1.7601 Service Pack 1 (15m) Between a partnership and one or more of its partners if all of the partners are related to each other as spouses, as lineal ascendants, lineal descendants of siblings, whether by blood or by adoption, or as spouses of siblings and if the transfer is for no consideration other than the assumption of debt or an interest in the partnership. Microsoft Windows NT 6.1.7601 Service Pack 1 (15s) Between a limited liability company and one or more of its members if all of the members are related to each other as spouses, as lineal ascendants, lineal descendants or siblings, whether by blood or by adoption, or as spouses of siblings and if the transfer is for no consideration other than the assumption of debt or an interest in the limited liability company. Microsoft Windows NT 6.1.7601 Service Pack 1 (16) To a trust if a transfer from the grantor to the beneficiary of the trust would be exempt under this section. Microsoft Windows NT 6.1.7601 Service Pack 1 (17) Of a deed executed in fulfillment of a land contract if the proper fee was paid when the land contract or an instrument evidencing the land contract was recorded. Microsoft Windows NT 6.1.7601 Service Pack 1(18) To a local exposition district under subch. II of ch. 229 . Microsoft Windows NT 6.1.7601 Service Pack 1(20) Made under s. 184.15 . Microsoft Windows NT 6.1.7601 Service Pack 1 (21) Of transmission facilities or land rights to the transmission company, as defined in s. 196.485 (1) (ge) , under s. 196.485 (5) (b) or (c) or (6) (a) 1. in exchange for securities, as defined in s. 196.485 (1) (fe) ." Microsoft Windows NT 6.1.7601 Service Pack 1 The definitions of s. 703.02 , Stats., which are referred to above, are as follows: "Common elements" means all of a condominium except its units; and "Unit" means a part of a condominium intended for any type of independent use, including one or more cubicles of air at one or more levels of space or one or more rooms or enclosed spaces located on one or more floors (or parts thereof) in a building. A unit may include 2 or more noncontiguous areas. Microsoft Windows NT 6.1.7601 Service Pack 1