Rental Weatherization Repeal/Confusion Bulletin

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BULLETIN: Wisconsin
DATE: October 2017
SUBJECT: Handling Rental Weatherization Issues Before January 1, 2018

Last week the Wisconsin Department of Safety and Professional Services (DSPS) issued a directive to the Wisconsin Registers of Deeds, instructing them on how to handle the winding down of rental weatherization standards. The directive was:

As a result of 2017 Wisconsin Act 59 signed into law on September 21, 2017, the Wisconsin Rental Weatherization program will sunset January 1, 2018. DSPS will continue to process requests until that time.

Below is important information to be aware of as January 1, 2018 approaches:

• Effective September 21, 2017, validations of stipulations and waivers will be discontinued and are no longer required.
• Until the Department of Revenue can update the Electronic Real Estate Transfer Return for the Rental Weatherization information, please allow W-11 with Program Elimination as the explanation.
• Satisfactions will continue to be processed. Requests going forward will be satisfied as Program Elimination.
• Please allow Certificates of Compliance to be recorded until the program sunset date of January 1, 2018. DSPS will send out updates as needed. Feel free to contact the Department of Safety and Professional Services at 608-266-2112, option 5, with questions.

While there are some concerns about this because it does not exactly match the requirements of the statute, Old Republic is asking its agents to comply with these directives. That means that effective immediately, agents do not need to collect waivers and stipulations for closings. Agents should not be collecting recording fees for Stipulations or Waivers. If you encounter a Register of Deeds who insists upon collecting the fees and receiving the Stipulations and Waivers, please contact me immediately and I will help you navigate the situation. Please be sure to follow the instructions above for completing the e-return. Agents are to use exemption code W-11 and list Program Elimination as the explanation.

There is still some concern about how open Stipulations and Waivers will be treated after January 1, 2018. The Wisconsin Land Title Association continues to work with the legislature to resolve this issue. An update will be provided when there has been activity.

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