2016 Wisconsin Statutes & Annotations
227. Administrative procedure and review.
227.115 Review of rules affecting housing.
227.115 Review of rules affecting housing.
227.115(1) (1) Definitions. In this section:
227.115(1)(a) (a) “Department" means the department of administration.
227.115(1)(b) (b) “State housing strategy plan" means the plan developed under s. 16.302.
227.115(2) (2) Report on rules affecting housing. If a proposed rule directly or substantially affects the development, construction, cost, or availability of housing in this state, the department shall prepare a report on the proposed rule before it is submitted to the legislative council staff under s. 227.15. The department may request any information from other state agencies, local governments or individuals or organizations that is reasonably necessary for the department to prepare the report. The department shall prepare the report within 30 days after the rule is submitted to the department.
227.115(3) (3) Findings of the department to be contained in the report.
227.115(3)(a)(a) The report of the department shall contain information about the effect of the proposed rule on housing in this state, including information on the effect of the proposed rule on all of the following:
227.115(3)(a)1. 1. The policies, strategies and recommendations of the state housing strategy plan.
227.115(3)(a)2. 2. The cost of constructing, rehabilitating, improving or maintaining single family or multifamily dwellings.
227.115(3)(a)3. 3. The purchase price of housing.
227.115(3)(a)4. 4. The cost and availability of financing to purchase or develop housing.
227.115(3)(a)5. 5. Housing costs, as defined in s. 16.301 (3) (a) and (b).
227.115(3)(b) (b) The report shall analyze the relative impact of the effects of the proposed rule on low- and moderate-income households.
227.115(4) (4) Applicability. This section does not apply to emergency rules promulgated under s. 227.24.
227.115(5) (5) Rule-making authority. The department may promulgate any rules necessary for the administration of this section.
Sub. (2) requires a report on the effect of a proposed rule on housing if the “rule directly or substantially affects the development, construction, cost, or availability of housing in this state. . ." The use of the phrase “directly or substantially" demonstrates that not just any effect will trigger the housing impact report requirement. A housing impact report is not required simply because the subject matter of a proposed rule relates to housing, or because the rule tangentially affects housing in some way. Wisconsin Realtors Association v. Public Service Commission of Wisconsin, 2015 WI 63, 363 Wis. 2d 430, 867 N.W.2d 364, 13-1407.
The absence of an explicit, on-the-record determination regarding whether a housing impact report is required is not dispositive and does not mean rules were promulgated without compliance with statutory rule-making procedures. Wisconsin Realtors Association v. Public Service Commission of Wisconsin, 2015 WI 63, 363 Wis. 2d 430, 867 N.W.2d 364, 13-1407.
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