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Wausau committee hears rent-abatement case after months without hot water at 615 Worley Ave

2160155 · January 28, 2025
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Summary

The Wausau Public Health and Safety Committee on Monday, Jan. 27, 2025, heard sworn testimony in a rent‑abatement request from tenants at 615 Worley Ave who said they lacked hot water for days in October 2024.

The Wausau Public Health and Safety Committee on Monday, Jan. 27, 2025, heard sworn testimony in a rent-abatement request from tenants of 615 Worley Ave, who said their unit lacked hot water for several days in October 2024 and that the condition caused disruption to family life and work.

The hearing, held under Chapter 16.04.037 of the Wausau Municipal Code, is to determine whether tenants Angel Holstein and Malik Marks are entitled to abated rent after the city posted the unit “unfit for human occupancy” for lack of hot water. The committee heard testimony from the tenants, property owner Anna Lopez, city property inspector Evan Garski and counsel; the panel then moved into closed session to deliberate.

Why it matters: a finding of rent abatement would change the amount of rent the tenants are legally required to pay for the period in question and could require the landlord to make repairs within a timeline set by the committee.

Tenants’ account Angel Holstein, who identified herself as a tenant at 615 Worley Ave, testified that the household — which includes children — went without reliable hot water beginning in mid‑October 2024. Holstein said the pilot light on the gas water heater would not stay lit and that she and Malik Marks, who also testified, were without hot water “two days” before contacting the landlord and that the condition persisted for several days while they sought resolution. Marks said the household repeatedly missed work or altered schedules to be present for contractors. Marks estimated they missed about four work days because of the problem. Both tenants said they applied for energy‑assistance programs to help pay for replacement or repair.

Owner’s account Anna Lopez, who said she owns the property and works as a real estate agent, told the committee she responded immediately to tenant complaints in October, called several plumbers and obtained bids ranging from about $2,300 to $2,800 to replace the gas water heater. Lopez said she applied for an energy‑assistance program to cover replacement costs on Oct. 29 (date provided in testimony) and that the agency initially approved her application but could not proceed because it lacked completed paperwork from the tenants. Lopez presented correspondence and text messages to the committee and said she had tried to document all communications.

Lopez told the committee that, after the energy‑assistance audit was scheduled, the auditor was denied access on Nov. 20, 2024, per a letter she submitted; she said that later she retained a plumber who repaired (rather than replaced) the unit and that hot water was restored on Nov. 13, 2024. Lopez said the repair she paid to a plumber cost about $180 and that she offered the tenants a $150 rent concession for November and waived certain late fees. Lopez also said the tenants had paid rent late numerous times and that she had charged pet fees (two pets at $50 each) but later gave some concession; she raised separate damage claims that the committee excluded from this part of the hearing as not directly tied to the hot‑water issue.

Inspector testimony and documentary record Evan Garski, a property inspector for the City of Wausau, testified he received the initial complaint and contacted the property owner; he said a Code Violation Notice was mailed Oct. 18, 2024, and a notice declaring the property “unfit for human occupancy” was posted the same day (Exhibit D). Garski testified he issued a follow‑up Code Violation Notice on Nov. 5, 2024 (Exhibit E) and that his final inspection on Nov. 13, 2024, at about 2 p.m. recorded that the property then had working hot water. Garski identified an internal case file (Exhibit F) that lists contacts and inspection notes from Oct. 18 through Nov. 14, 2024.

On contractor work and permitting, Garski said the city will allow a contractor to replace a water heater but requires an approved permit and, for gas work, credentials for a licensed plumber. He confirmed that the city’s plumbing inspector (Dennis Krzyzewski) advised that work of that nature should be performed by a master plumber and that a non‑professional installation could be removed.

Disputes in testimony Tenants contested parts of Lopez’s account: Marks said the person who visited for the energy‑assistance audit did not identify themselves clearly and that he denied access because the visitor did not announce purpose or affiliation. The tenants also said they attempted to supply required documents from their work and that communication and timing complications — including work schedules and payment methods — made completing the energy‑assistance process difficult. Lopez countered that energy‑assistance staff told her the tenants had not provided requested documentation and that, until the tenants completed the application requirements, the agency would not proceed.

Committee action After hearing testimony and reviewing documentary evidence, the committee voted to adjourn into closed session to deliberate under Wis. Stat. §19.85(1)(a), the statute authorizing closed sessions for quasi‑judicial hearings. The motion to go into closed session was made by a committee member identified in the transcript as “Sarah,” seconded by Lukens, and carried by roll‑call votes (Watson — aye; Lukens — aye; Chair — aye). The committee recessed to an adjacent room to deliberate and said it would return with written findings and to announce the decision.

Votes at a glance - Approval of previous meeting minutes — Motion by Watson, second by Lukens; voice vote recorded as carried (no members opposed). (Voice vote; tally not recorded by name in transcript.) - Approval of recommended liquor and event licenses (including a reserve license name change reviewed by the liquor license subcommittee) — Motion by Watson, second by Lukens; voice vote recorded as carried (no members opposed). (Voice vote; tally not recorded by name in transcript.) - Motion to move into closed session under Wis. Stat. §19.85(1)(a) to deliberate the rent‑abatement hearing — Moved by Sarah, seconded by Lukens; roll‑call: Watson — aye; Lukens — aye; Chair — aye; outcome: passed; committee adjourned to deliberate.

Next steps The committee said it will issue written findings of fact in the coming days and will announce the committee’s decision when it returns from closed session. The transcript ends with the committee entering closed session; no final determination on rent abatement appears in the record provided.

Sources: sworn testimony at the Jan. 27, 2025 Wausau Public Health and Safety Committee meeting; exhibits submitted at the hearing; city inspector case notes identified in committee testimony.