Copy of Violations of WI Statutes, DSPS Codes, UDC
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Scofflaw landlord violates Uniform Dwelling Code, Wisconsin Statutes, Dep't of  Safety and Professional Services (DSPS) Codes
AIDED & ABETTED BY SCOFFLAW ATTORNEY:   PATRICK ARENDT
Uniform Dwelling Codes & DSPS
Wisconsin Statutes
SPS 326.15,      SPS 326.25,    SPS 381-387,     SPS 321.04(2)(e)(e),    SPS 321.04(2)(a)1  

  704.03(1),    704.08,    704.44,    704.07,    704.07(4),    704.45, 710.15(2m)

Wisconsin Code re Potable Water

Intro: SPS 326.01 Purpose. Pursuant to s. 101.935 (3), Stats., the purpose of this chapter is to regulate manufactured home communities in order to protect public safety and health

SPS 326.15 Adequacy of water supply. Each manufactured home community operator or manufactured home community contractor shall furnish a continuous and adequate supply of potable water to its manufactured home community occupants.

SPS 326.25 General requirement. A manufactured home community contractor and a manufactured home community operator that provides water service or sewer service, or both, to the occupants of their manufactured home community shall furnish reasonably adequate service and facilities as required by this subchapter.



The only contaminant the WI Dept of Health deals with is "...water that is free of coliform bacteria" as Nancy Eggleston wrote.  

If your water happens to have chunks of iron in it, too bad so sad....especially if your landlord doesn't feel like correcting it.  Especially if your new landlord assured you before moving in that the water was "clean & good" while having no intention to correct the problem he knew existed.  Would you bathe your baby, cook your food, brush your teeth in this water? 



Nick DEMANDED FULL RENT while doing NOTHING 7/17 - 9/10 although they were notified about the repairs & water eleven (11) times:
 in writing: 5/10, 5/20, 6/30, 8/5, 9/3
 by their off-the-books plumber: 5/19, 5/31, 6/17
 Joey & Delbert saw the water in person mid-June, 7/16, 9/11












Below:
Excerpt of my 9/3 letter describing the 2 repairs done since 5/10 notification.

Wisconsin Code re Potable Water

Intro: SPS 326.01 Purpose. Pursuant to s. 101.935 (3), Stats., the purpose of this chapter is to regulate manufactured home communities in order to protect public safety and health

SPS 326.15 Adequacy of water supply. Each manufactured home community operator or manufactured home community contractor shall furnish a continuous and adequate supply of potable water to its manufactured home community occupants.

SPS 326.25 General requirement. A manufactured home community contractor and a manufactured home community operator that provides water service or sewer service, or both, to the occupants of their manufactured home community shall furnish reasonably adequate service and facilities as required by this subchapter.

The only contaminant the WI Dept of Health deals with is "...water that is free of coliform bacteria" as Nancy Eggleston wrote.  

If your water happens to have chunks of iron in it, too bad so sad....especially if your landlord doesn't feel like correcting it.  Especially if your new landlord assured you before moving in that the water was "clean & good" while having no intention to correct the problem he knew existed.  Would you bathe your baby, cook your food, brush your teeth in this water? 

Nick DEMANDED FULL RENT while doing NOTHING 7/17 - 9/10 although they were notified about the repairs & water eleven (11) times:
 in writing: 5/10, 5/20, 6/30, 8/5, 9/3
 by their off-the-books plumber: 5/19, 5/31, 6/17
 Joey & Delbert saw the water in person mid-June, 7/16, 9/11
   Email from Jack Wortruba, HUD/UDC, Safety & Professional Services:    stairs are in violation of code; no permit = no inspection for compliance  (click to enlarge in new tab)
    SPS 321.04(2)(a)1    Except for spiral staircases under subd. 2., stairways shall measure at least 36 inches in width.
    SPS 321.04(2)(e)(e)     1. Within a stairway flight, the greatest tread depth may not exceed the smallest tread depth by more than 3/8 inch and the greatest riser height
                                               may not exceed the smallest riser height by more than 3/8 inch.
§704.07  Repairs; untenantability
    Numbers refer to numbers in §704.07 on right

(1) agreement in lease to waive requirements of this section....is VOID.  Specifically, Nick's attempt to limit abatement due to replacement of water lines in unit is VOID.





2. Keep in a reasonable state of repair all equipment: like all the pipes that bring water to unit

3. Make all necessary structural repairs: fix rusted out pipes, doors, windows, stairs

4. Saratoga is subject to Wisconsin's  Uniform Dwelling Code: replace any plumbing.....no longer in reasonable working condition.

5.  Bldg inspector's email: confirmed no permits for stairs & plumbing  

           Tap water running into half-bath sink on 10/29 below


(1)  Application of section. This section applies to any nonresidential tenancy if there is no contrary provision in writing signed by both parties and to all residential tenancies. An agreement to waive the requirements of this section in a residential tenancy, including an agreement in a rental agreement, is void. Nothing in this section is intended to affect rights and duties arising under other provisions of the statutes.

(2) Duty of landlord.
(a) Except for repairs made necessary by the negligence of, or improper use of the premises by, the tenant, the landlord has a duty to do all of the following:

1. Keep in a reasonable state of repair portions of the premises over which the landlord maintains control.

2. Keep in a reasonable state of repair all equipment under the landlord's control necessary to supply services that the landlord has expressly or impliedly agreed to furnish to the tenant, such as heat, water, elevator, or air conditioning.  

3. Make all necessary structural repairs.

4. Except for residential premises subject to a local housing code, and except as provided in sub. (3) (b), repair or replace any plumbing, electrical wiring, machinery, or equipment furnished with the premises and no longer in reasonable working condition.

5. For a residential tenancy, comply with any local housing code applicable to the premises.
 *********************************************************************************************************************************************************************************************************

Five Skies built stairs not to code & without permit resulting in my injuries on 9/16.  Whether the pipes were installed by cash-job plumber to code,
I don't know, but it was done without permit according to Lorelei Fuerher, Saratoga Building Inspector.  As Mr. Wortruba wrote "No permit = No inspection."


Nick wrote the water " :...does not have any problems with color, odor, chemical or minerals.” He & Wood County refer to the condition of the water IN the well. The "equipment" (2 & 3 above) between the well and the unit apparently are the problem as Nick wrote 7/1, "it may be necessary to replace the lines below ground..."  Wood County does not test water in housing units - just the well itself as confirmed by email from Kate Carlson, Wood Co Health Dept.


I cannot shower in the well, dip a bucket into the well to get water to cook dinner, brush my teeth or wash my hair in the well. However, the pictures above and on Water clearly reflect that while the water in the well may be just fine & dandy, that is NOT the case with the water once it travels in the structural pipes from the well to the pumphouse and then in the pipes to the unit.  The Landlord is responsible for getting the wonderful well water into my unit without chunks of iron.  He didn't want to do that but would, instead, "terminate my lease" 63 days after I moved in.

Five Skies was informed 5/10, 5/19, 5/20, 5/31, 6/17, 6/30, 7/16 & mid-June (in person: Joey & Delbert), 8/5, 9/3, and 9/11 (Joey, in person, declined the glass of water I offered him.  He told me they were having "money problems.")

NOTHING WAS DONE OR EVEN ATTEMPTED TO CORRECT THE SITUATION.  Nick's 7/1 email proves unequivocally that they did not intend to correct but would choose to terminate my one year lease 63 days after I moved in.


■   Nick will “terminate lease” 63 days after I moved in rather than make the necessary repair to water & declares that other repairs are “moot” unless water is fixed w/underground lines which they won’t do.  His statement is a violation of §704.07 as landlords don't get to pick & choose which necessary repairs they will do, i.e., oh, too bad so sad, the wiring keeps shorting out - pay me full rent or pack up and get out.

■  Nick stood in kitchen holding panel that fell of bottom of door & said the door had to be “replaced.” It was not replaced; it was not repaired.  

■  07/01 email from Nick (excerpts below) claims he doesn’t know there was a problem with windows. My 5/10 email to Nick provides 9 pages (12-20) of photos with descriptions of malfunctioning, filthy windows & missing screens.

■  Excerpts from Nick's email 07 01:

■ “This is the first that I had heard that windows do not open…” " I had forgotten about the Kitchen window issue…"

■  “The tub and door should have been looked at but hasn't yet due to some communication errors but will be shortly now
      that it has been added to the radar again.” (Note:  Never happened.)

■   “If the water remains unimproved, it may be necessary to replace lines below ground. We will determine how best to
       approach that situation if the need arises but if that is the case, we may have to terminate your lease…
§704.07(4)   Untenantability

§704.07(4)  untenantability

(4) Untenantability. If the premises become untenantable because of damage by fire, water or other casualty or because of any condition hazardous to health, or if there is a substantial violation of sub. (2) materially affecting the health or safety of the tenant, the tenant may remove from the premises unless the landlord proceeds promptly to repair or rebuild or eliminate the health hazard or the substantial violation of sub. (2) materially affecting the health or safety of the tenant; or the tenant may remove if the inconvenience to the tenant by reason of the nature and period of repair, rebuilding or elimination would impose undue hardship on the tenant. If the tenant remains in possession, rent abates to the extent the tenant is deprived of the full normal use of the premises. This section does not authorize rent to be withheld in full, if the tenant remains in possession. If the tenant justifiably moves out under this subsection, the tenant is not liable for rent after the premises become untenantable and the landlord must repay any rent paid in advance apportioned to the period after the premises become untenantable. 


"FULL NORMAL USE" 
Drinking a glass of water & taking a shower w/o fear of rust pouring down (as happened x3) 
Being able to open a door w/o slamming your body into it & using a key to unlock it
Open & close windows
Absence of vermin crawling in thru gap under broken door
18 days of sewage on my lawn; 47 days to repair to health codes

"After the premises become untenantable," i.e., day one.  That's why my claim included return of all rent monies paid.  I abated the rent in accordance with the abatement previously agreed upon with landlord and this statute.  


Notified in writing re repairs not done 5/10, 5/20, 6/17, 6/30;   mid-June, 7/16, & 9/10 (in person),  & via plumber: 5/19, 5/31, 6/17.   Nick wrote 5/10 that he would forward the pictures & info to Delbert the maintenance manager/vehicle mechanic; 7/1 he wrote that he would share the info in my email stating that the problems need to be addressed "soon" and they would terminate my lease 63 days after I moved in IF the underground lines had to be replaced.

They did NOTHING to assess or repair anything from 7/17 to 9/101.  Five Skies demanded full rent for August – no repairs done since drilling one window open 7/16. No tests requested or done to assess water problem; no appointments requested to address other issues.

I paid full rent Aug.  In Sept, I paid rent adjusting for August in accordance with the previous agreement in emails, lease, & §704.07(4) as specified in my letter of 9/15.  Rent was due on the 15th of month per Joey's 07/06/16 email and my notice of 8/05.

Wisconsin Department of Safety and Professional Services:       Violations of SPS 381-387 re sewage spill 8/22-9/06
click photos to enlarge in new tab           
              ■ photo on left - Sept 6 

              ■ improperly "capped" septic tank pipe (bottom left:
                 it's the same old coffee can in place on move in 4/27)

              ■ sewage spill not reported by landlord as required

              ■ sewage spill left on lawn for 18 days

              ■ sewage not cleaned up per regulations

              ■ 47 DAYS LATER: properly capped on 10/7
  after I complained to WI Dept of Health               
  (photo 10/7 right)
§704.03(1)         Requirement of writing for rental agreements and termination.
Lease:  click here

My signed copy effective 5/1 is on left; I never received copy signed by Five Skies.
§704.03(5)         Proof. In any case where a lease or agreement is not in writing signed by both parties but is enforceable under this section, the lease or agreement must be proved by clear and convincing evidence.
Email 9/18 from Arendt (attorney) references lease
 start eviction, enter without permission, turn off water supply

 Notice to Vacate 09 28 16 from Arendt (attorney) references lease


Patrick Arendt (atty) 9/18 email & 9/28 "Notice to Vacate 5 days": references lease in both documents





Nick attaches “lease” to email for me to sign April 2016; pdf sent is titled "Lease"
§704.08          Check-In Sheet
                                                                                             
Not Provided

§704.44(8)     Residential rental agreement that contains certain provisions is void. Notwithstanding s. 704.02, a residential rental agreement is void and  unenforceable if it does any of the following: 
Lease excerpt re cannot waive legal obligation to make repairs, i.e., cannot limit abatement to pipe installation 

(8) Waives any statutory or other legal obligation on the part of the landlord to deliver the premises in a fit or habitable condition or to maintain the premises during the tenant's tenancy.

Neither delivered nor maintained in fit or habitable condition
Limiting abatement to installation of pipes (without permit & by "cash job" plumber) is void & unenforceable.
§704.45        Retaliatory conduct in residential tenancies prohibited
 PREPONDERANCE OF EVIDENCE
          9/03  Letter sent USPS Priority Mail to Nick Kedrowski w/situation, no repairs
                     done, deadline to complete
          
9/15  My letter of 9/15 re abatement in accordance with 704.07(4) and "in
            agreement with the previous abatement." 
         
         9/16  Injured myself in a fall on stairs not built to code & w/o permit
          
9/20  Emails to/from Joey in re their bogus, no-show, no reschedule 
           appointment 

9/24  I met with Saratoga Bldg Inspector providing letter of 9/21 & photos 
           of stairs

9/24-9/27  No emails, texts, calls from or to Five Skies

9/28  Notice  to Pay full rent or vacate in 5 days. Unnecessary in such a notice,                but Arendt also wrote in letter: "It appears that you are unhappy with the
          manner in which my client manages its trailer park."

10/4  I requested assistance/information from Wood County Health Department

10/5 - 10/13   No emails, texts, calls from or to Five Skies

10/14  Arendt filed fraudulent claim for my eviction though abated rent per
           Wisconsin Statute was paid for September & rent for October was not
           due until October 15.  Security deposit & all rent monies were retained
           by Five Skies.

see details on this site re my complaint to Wisconsin Bar re Arendt 

(1) Except as provided in sub. (2), a landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is a preponderance of evidence (see column on left) that the action or inaction would not occur but for the landlord's retaliation against the tenant for doing any of the following:

(a) Making a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency. 

I visited Saratoga Bldg Inspector 9/24 after 9/16 injuries on the not to UDC/no permit stairs had healed enough to walk with less pain. 
4 days later, a 5 day notice to pay full rent with late charges taped to my door while no repairs were done since move-in: rust water no correction attempted; windows would not close or open, door could not be used.


Atty Arendt was a participant in the bogus appointment of 9/20 claiming in his reply to the DATCP that the plumber had a family emergency and was unable to attend.  Joey's email of 10:34 am says they are on site & talking with attorney Arendt. Nick wrote on 7/3 that the cash-job plumber would "not be returning to the property."
Arendt was fully aware of the situation re water 9/20 via my letter of 9/3.
My letter of 9/15 specifies abatement per Statute & previous agreement w/Five Skies.


In the 9/28 Notice to Vacate, he wrote a sentence wholly unnecessary in relation to rent: 
           "It appears that you are unhappy with the manner in which my client manages its trailer park."
This sentence is important relative to Arendt's court filing for eviction 10/14 in which he claims that:
rent was not paid and in his reply to the DATCP he wrote that failure to pay rent was the sole reason for my eviction.

He disregarded three important facts when he filed the fraudulent claim for my eviction:
■  August rent was paid on 8/15 as I had agreed to per Joey's email (receipt: zero balance; 8/15, no late fees assessed)
■  rent had been paid  in accordance with §704.07(4) on 9/15 when it was due 
■  rent for October was not due until 10/15


(b) Complaining to the landlord about a violation of  §704.07 or a local housing code applicable to the premises. 
My letter of 9/3 advised them I would file complaints with appropriate agencies after the deadline expired.
 §710.15(2m)         Emergency shelter disclosure.
                                (a) Every lease shall state whether the community contains an emergency shelter.

Not mentioned in lease.
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