Cal. Civ. Code § 66.1205
Housing authorities; rentals and tenant selection.
Operative Text
66.1205 Housing authorities; rentals and tenant selection. (1) In the operation or management of housing projects and mixed developments, an authority shall at all times observe the following duties with respect to rentals and tenant selection: (a) It may rent or lease the dwelling accommodations in a housing project only to persons of low income and at rentals within the financial reach of persons of low income, except that, for mixed-income dwelling accommodations that are part of a mixed development, an authority may rent a portion of the dwelling accommodations at rentals that are not within the financial reach of persons of low income. (b) It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, that it considers necessary to provide safe and sanitary accommodations to the proposed occupants, without overcrowding. (c) It shall not accept any person as a tenant in any housing project if the person or persons who would occupy the dwelling accommodations have an aggregate annual income in excess of 5 times the annual rental of the quarters to be furnished the person or persons, except that in the case of families with minor dependents the aggregate annual income of the person or persons who would occupy the dwelling accommodations may exceed 5 times the annual rental of the quarters to be furnished by $100 for each minor dependent or by an amount equal to the annual income of the minor dependents. In computing the rental for the purpose of selecting tenants, the authority shall determine and include in the rental the average annual cost to the occupants, of heat, water, electricity, gas, cooking range and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental. This paragraph does not apply to a property wholly or partially owned before October 1, 2021, by a housing authority created by a 1st class city. (2) Sections 66.1201 to 66.1211 do not limit the power of an authority to do any of the following: (a) Invest in an obligee the right, if the authority defaults, to take possession of a housing project or cause the appointment of a receiver of the housing project, free from all the restrictions imposed under ss. 66.1201 to 66.1211, with respect to rentals, tenant selection, manner of operation, or otherwise. (b) Pursuant to s. 66.1201 (16) vest in obligees the right, if the authority defaults, to acquire title to a housing project or the property mortgaged by the housing authority, free from all of the restrictions imposed by s. 66.1203 and this section. (3) Subsection (1) (a) and (c) does not apply in the case of housing projects to the financing of which the Wisconsin Housing and Economic Development Authority is a party, as to which ch. 234 shall be controlling.
Wisconsin Statute § 66.1205 governs how public housing authorities in the state must handle rentals and tenant selection for housing projects and mixed developments. Under this provision, dwelling units in standard housing projects must generally be rented only to low-income persons at affordable rates, and unit size must be matched to the number of occupants without overcrowding. Tenant eligibility is also subject to an income ceiling tied to a multiple of the annual rent, with adjustments allowed for families with minor dependents, though certain exemptions apply for properties owned by first-class city housing authorities before October 1, 2021, and for projects financed through the Wisconsin Housing and Economic Development Authority.
Plain English — not legal advice.
Housing authorities operating under Wis. Stat. § 66.1205 are expected to maintain documented procedures that verify tenant income eligibility, match unit size to household composition, and set rents within the financial reach of low-income persons. For mixed developments, authorities may rent a portion of units at market-rate rents not restricted to low-income levels, but must track which units fall under which category. Compliant authorities also calculate the full cost of utilities and necessary services when determining rental amounts for tenant-selection purposes, ensuring that income-to-rent ratio calculations reflect actual occupancy costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 66.1205 establishes rights for prospective and current tenants of public housing projects, including the right to be considered for a unit sized appropriately for their household without overcrowding. Tenants whose household income is close to the eligibility ceiling should be aware that the income calculation under this provision includes an adjustment for minor dependents, which may affect whether a household qualifies. Those who believe a housing authority has improperly denied their application or assigned an inappropriately sized unit may wish to contact a local tenant-rights organization or legal aid office to understand available options under this provision.
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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