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Disclosures - Sex Offenders |
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Written by Tim Ballering
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Monday, 26 March 2007 |
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A member wrote me
one morning. His new tenant discovered after they moved in that a neighbor
in an adjoining property under different ownership was on the sexual offender
registry.
Although the owner had no knowledge of this person, his new
tenant through their attorney accused him of violating the law claiming
the property owner had a "duty to research and disclose prior to
offering for rental." The tenant and their attorney appear incorrect.
Here is the actual law
704.50 Disclosure duty; immunity for providing notice about the sex
offender registry. 704.50(1) Except as provided in sub. (2), a landlord
or his or her agent has no duty to disclose to any person in connection
with the rental of real property any information related to the fact
that a particular person is required to register as a sex offender under
s. 301.45 or any information about the sex offender registry under s.
301.45.
704.50(2) If, in connection with the rental of real property, a person
requests of a landlord or his or her agent information related to whether
a particular person is required to register as a sex offender under
s. 301.45 or any other information about the sex offender registry under
s. 301.45, the landlord or agent has a duty to disclose such information,
if the landlord or agent has actual knowledge of the information.
704.50(3) Notwithstanding sub. (2), the landlord or agent is immune
from liability for any act or omission related to the disclosure of
information under sub. (2) if the landlord or agent in a timely manner
provides to the person requesting the information written notice that
the person may obtain information about the sex offender registry and
persons registered with the registry by contacting the department of
corrections. The notice shall include the appropriate telephone number
and Internet site of the department of corrections.
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Last Updated ( Monday, 26 March 2007 )
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