Rent Abatement

Building Inspection makes sure that rentals meet basic housing standards when we receive a complaint. Rent abatement (RA) is a way for tenants to apply to reduce their rent. RA is only an option after an owner fails to fix certain code violations. The rent decrease is temporary.

For examples of RA eligible code violations, check the table in the RA ordinance.

Eligible Addresses

Tenants

If you need repairs, contact your housing provider first and ask for a time frame for repair. If your housing provider does not make repairs, you can file a complaint. You do not need to wait months for a repair.

Eligibility

To qualify for RA, you must:

1. Have a code violation that affects your use of the unit
2. Reach out to your housing provider and give them time to fix the problem. Still, they have not made repairs.
3. Contact Building Inspection and file a complaint
4. Answer the inspector's call and schedule an inspection of your unit
5. Have a specific violation in your unit or the common areas of the building and an Official Notice with a deadline to fix the issue
6. Have passed the deadline and still have the issue unresolved.

Note: If you owe back rent, caused the issue, or purposely didn't let your housing provider in to make repairs, you cannot get RA.

Our office will send you a letter with RA information if you are eligible. You must contact us by the date on your eligibility letter to apply. If you miss this date, you are no longer eligible. The award we send is a default award. You can request a hearing to dispute the default award. Your housing provider can also request a hearing.

The Hearing Examiner leads the hearing. They use the evidence presented during the hearing to set a final award amount. You will receive the hearing decision by mail. If you receive an award, your housing provider must pay you that amount within 15 days. You will arrange payment details with your housing provider. If it has been more than 30 days since you received an award and you still haven't been paid, please rentclerk@cityofmadison.com. 

The RA Clerk schedules hearings and handles default awards. They can answer questions about process and case status. You can reach the RA Clerk at 608-266-4551 ext. 4. or rentclerk@cityofmadison.com.

Housing Providers

Rent abatement (RA) is an ordinance that allows tenants to reduce their rent when repairs are not completed by the deadline on an Official Notice. RA can be costly in both time and money. 

If we issue an Official Notice for your property, please note the deadlines. If you do not repair items by the due date, some violations can lead to an RA award You can avoid RA claims if you finish repairs before the due date. Give special attention to those items on the Official Notice with an asterisk (*).

We advise that you resolve the issues as soon as possible. Once you do, schedule a reinspection with your inspector. At the reinspection, the inspector may or may not approve the items. If you call before the due date, you have time to fix any items that do not pass inspection.

If an inspector gives you an extension or citation, it will not prevent an RA claim.

If your tenant is eligible for RA, they receive a letter in the mail. If the tenant contacts the Rent Clerk by the date on their eligibility letter, a default award is created. The default award is sent by certified mail to the owner. If you want to contest the default award, you can schedule a hearing by the date on the award.

The Hearing Examiner leads the hearing. They use the evidence presented during the hearing to set a final award amount. You will receive the hearing decision by certified mail.

The RA Clerk schedules hearings and handles default awards. They can answer questions about process and case status. You can reach the RA Clerk at 608-266-4551 ext. 4. or rentclerk@cityofmadison.com.

Resources

•  Rent Abatement and Self Help Guide
• Rent Abatement Ordinance MGO 32.04