In Wisconsin, the Department of Safety and Professional Services administers the certification of rental units for energy efficiency. The certification helps ensure that rental properties meet applicable building codes, and (I suppose) that tenants of rental properties stay warm during the winter.
Many real estate purchase agreements include language about rental weatherization. This often raises a question from buyers, sellers and even their attorneys about whether assisted living facilities are exempt. That question came up again just last week. Based on our research, it appears the answer is yes – they’re exempt.
According to Wisconsin Administrative Code SPS 367.02(2)(g), buildings and facilities that are licensed by the Department of Health Services are excluded from the state requirements for Rental Unit Energy Efficiency. The exclusion specifically lists community based residential facilities and residential care apartment complexes.
We don’t provide legal advice so if you have a question about whether your own property is excluded from these requirements, you should consult with your attorney. But feel free to have your attorney consult with us.
That’s the rule in Wisconsin – our home state. How about your state? Leave us a comment if you have the answer, or if you’d like us to do some research about these codes in your state.