Cal. Civ. Code § ATCP 134.01
Scope and application.
Operative Text
ATCP 134.01 Scope and application. This chapter is adopted under authority of s. 100.20, Stats. This chapter applies to the rental of dwelling units located in this state, but does not apply to the rental or occupancy of any of the following: (1) A dwelling unit operated by a public or private institution if occupancy is incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar services. (2) A dwelling unit occupied by a member of a fraternal or social organization which operates that dwelling unit. (3) A dwelling unit occupied, under a contract of sale, by the purchaser of the dwelling unit or the purchaser’s successor in interest. (4) A dwelling unit, such as a dwelling unit in a hotel, motel or boarding house, that is being rented only by tourist or transient occupants. (5) A dwelling unit which the landlord provides free of charge to any person, or which the landlord provides as consideration to a person whom the landlord currently employs to operate or maintain the premises. (6) A dwelling unit occupied by a tenant who is engaged in commercial agricultural operations on the premises. (7) A dwelling unit owned and operated by government, or a subdivision or agency of government.
Wisconsin Administrative Code § ATCP 134.01 establishes the overall reach of Chapter ATCP 134, the state's primary consumer-protection framework governing residential rental relationships. The chapter covers most private residential rentals of dwelling units located in Wisconsin, but it carves out seven specific categories of occupancy — including institutional housing, transient lodging such as hotels and motels, government-owned units, units provided free of charge or as employment compensation, and units tied to commercial agricultural operations on the premises. Understanding whether a particular rental arrangement falls within or outside these exclusions determines whether the tenant-protection and landlord-obligation rules of Chapter ATCP 134 apply at all.
Plain English — not legal advice.
Property owners and managers operating standard residential rentals in Wisconsin should recognize that § ATCP 134.01 brings most private dwelling-unit rentals under the full scope of Chapter ATCP 134's requirements, including rules on security deposits, disclosures, and habitability. Operators of specialized housing — such as employer-provided units, boarding houses rented only to transient guests, or units tied to on-site agricultural employment — should carefully evaluate whether one of the seven enumerated exclusions applies to their arrangement before assuming the chapter's obligations do or do not govern them. Compliant operators generally document the nature of each tenancy in a way that clearly reflects whether it falls within the chapter's scope.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For most Wisconsin renters of private residential units, § ATCP 134.01 confirms that the protections of Chapter ATCP 134 apply to their tenancy, giving them access to the rights and remedies the chapter provides. Tenants who are unsure whether their living arrangement — for example, housing tied to employment, institutional housing, or a room in a hotel or boarding house — falls within one of the seven exclusions listed in § ATCP 134.01 may want to consult a tenant-rights organization or legal aid provider for general information about how the exclusions are interpreted. If a landlord claims the chapter does not apply, tenants can raise the question of scope as part of any complaint or dispute process available under Wisconsin law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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Rules and statutes that cite this regulation