Mobile home storm rules in Wisconsin

Wisconsin addresses storm and disaster safety through a distinctive emergency-shelter disclosure in the dedicated act (Wis. Stat. §710.15), the federal HUD construction code, the general habitability duty, and the DATCP rule's limits on forced relocation. The information below describes how the law generally works; anyone dealing with a specific situation should consider consulting a licensed attorney in Wisconsin.

What the statute says

Wisconsin's stand-out provision is the emergency-shelter disclosure. Under Wis. Stat. §710.15(2m), "every lease shall state whether the community contains an emergency shelter," and "if a community contains an emergency shelter ..., the community rules shall state the location of the emergency shelter and procedures for its use." Wis. Admin. Code ATCP 125.03(1)(g) carries the same requirement into the rental agreement. The law does not require a community to provide a shelter, but it must tell residents whether one exists and, if so, where it is and how to use it.

The home's construction and anchoring follow the federal HUD code (24 C.F.R. Part 3280), with installation administered by the Department of Safety and Professional Services. Habitability comes from the general landlord-tenant law (Wis. Stat. ch. 704), which obligates a landlord to keep the premises in a reasonable state of repair. And relocation is limited: under Wis. Admin. Code ATCP 125.07(1), "no tenant shall be required to relocate a manufactured home within a manufactured home community during the term of the rental agreement ... except in emergency or where the tenant has violated the terms and conditions of the rental agreement," with written notice required for any non-emergency relocation (ATCP 125.07(2)).

How it works in general

For storm preparation, Wisconsin's most concrete protection is information: the lease must tell a resident whether the community has an emergency shelter, and if it does, the rules must give its location and how to use it. For the home itself, Wisconsin relies on the federal HUD code's wind-zone construction and anchoring standards, with installation overseen by DSPS. For the lot and common areas, the general habitability duty applies. A park can't make a resident move the home to another spot in the community during the lease unless there's an emergency or the resident has breached the lease, and even then it has to give written notice for a non-emergency move. If a storm pushes a park toward closing, retiring the community from the rental market requires at least 90 days' written notice to all residents (Wis. Stat. §710.15(5r)). Disaster preparation and assistance otherwise run through state and federal emergency management.

Common scenarios

General examples Wisconsin park residents commonly encounter:

• A resident wants to know where to shelter. The lease must state whether the community has an emergency shelter, and the rules must give its location and use (Wis. Stat. §710.15(2m)).
• Questions arise about how a home is built or anchored. The federal HUD code governs construction and wind-zone requirements (24 C.F.R. Part 3280).
• A park tries to relocate a home within the community after a storm. That's barred during the lease except in an emergency or for cause (ATCP 125.07(1)).

Other authorities that may apply

The dedicated act (Wis. Stat. §710.15(2m), (5r)) sets the emergency-shelter disclosure and the closure notice; the DATCP rule (ATCP 125.07) limits forced relocation; the general landlord-tenant law (ch. 704) sets the habitability duty; and the federal HUD code governs construction and anchoring. Wisconsin Emergency Management and FEMA administer disaster assistance, and a homeowner's insurance policy — not statute — usually governs storm-damage claims.