Madison CHAPTER 114: APARTMENTS AND RENTAL PROPERTY; LODGING § 114.09
ABATEMENT
Operative Text
(A) Whenever each and every rental unit owned by an owner, as defined herein, is vacant for a continuous period of six months (180 days) or longer or each and every rental unit so owned becomes uninhabitable because of fire or other causes beyond the control of the owner or whenever each and every rental unit so owned is occupied for a continuous period in excess of six months (180 days) by a person who pays no rent or performs no service in lieu of rent and the owner receives no benefit from the presence of the person or persons upon the premises, an abatement of the licensing fee may be issued, by the city’s Building Inspector or his or her assistant, upon inspection of each and every rental unit so owned. (B) Before any abatement is granted, a fee of $5 must be paid to the City Comptroller for an inspection to be performed and a request must be made in writing and contain the reasons for the abatement; the name, address and phone number of the applicant; agreement to allow during any granted abatement period inspection of the rental unit or rental units by the city upon 24-hour notice or other time mutually agreed to, but not exceeding 72 hours from the time of the notice, to confirm that each and every rental unit owned by the owner continues to meet the abatement criteria and provide copies of the monthly utility bills, if any, during the abatement period, if the reason for the abatement is that the rental unit or rental units are not inhabited or are uninhabitable; and agreement that any violation of any one or more of the provisions for abatement will make the abatement null and void and all charges, fees, penalties and interest for licensing fees and non-payment of same shall immediately be assessed and become due and payable. (C) Any abatement request that is allowed shall terminate upon the violation, directly or indirectly, by the owner of any of the terms and provisions heretofore stated for granting the abatement, the issuance of an occupancy permit allowing occupancy of any owned rental unit to any degree, or the passage of 12 months from the effective date of the abatement, whichever comes first. All abatements, no matter when granted, must be renewed on or before July 1 of each year, with payment of the required $5 inspection fee due in full at that time. (Ord. 1302, passed 3-27-1996)
Madison § 114.09 establishes a process by which property owners may apply for a temporary reduction or waiver of rental licensing fees when specific conditions make normal rental activity impossible or inapplicable. Qualifying circumstances include prolonged vacancy of all owned units (at least 180 consecutive days), units rendered uninhabitable by fire or other causes outside the owner's control, or units occupied for more than 180 days by someone paying no rent and providing no benefit to the owner. The abatement is not automatic — it requires a formal application, a $5 inspection fee, and ongoing compliance with inspection and documentation requirements, and it expires after 12 months or upon any violation of its terms, whichever occurs first.
Plain English — not legal advice.
Under Madison § 114.09, operators seeking a licensing fee abatement generally submit a written request to the City Comptroller that includes the reason for the abatement, their contact information, and a $5 inspection fee before any relief is granted. Compliant operators also agree in writing to allow the city to inspect all affected units on 24-hour notice (or a mutually agreed window not exceeding 72 hours) and to provide monthly utility bills when vacancy or uninhabitability is the stated reason. Because any violation of the abatement terms — including allowing any occupancy — renders the abatement null and void and triggers immediate assessment of all fees, penalties, and interest, operators typically track abatement expiration dates and renew on or before July 1 each year with the required $5 fee.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Madison § 114.09 governs a licensing fee abatement process that applies to property owners, but tenants may find it relevant when a unit has been vacant, uninhabitable, or occupied under unusual arrangements. If a tenant believes an owner is improperly claiming an abatement while the unit is actually occupied or habitable, that concern can generally be raised with the city's Building Inspector, who is responsible for inspecting units and confirming abatement eligibility under this provision. Tenants with questions about how § 114.09 intersects with their specific housing situation may wish to consult a local tenant-rights organization or legal aid office for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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