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Subchapter I - General
Adm 92.001   Purpose.
Adm 92.002   Applicability.
Adm 92.01   Definitions.
Adm 92.04   Decent, safe, and sanitary housing.
Adm 92.06   Written notice and information.
Adm 92.08   Payment of relocation claim.
Adm 92.10   Waiver or modification.
Adm 92.12   Waiver of relocation benefits.
Adm 92.14   Education, certification and monitoring.
Adm 92.16   Eviction policy.
Adm 92.18   Relocation appeal.
Adm 92.20   Relocation file.
Subchapter II — Relocation Plan
Adm 92.24   Purpose.
Adm 92.26   Time of plan submission.
Adm 92.28   Contents of relocation plan.
Adm 92.29   Small projects relocation plan.
Adm 92.30   Data for plan development.
Subchapter III - Relocation Assistance Services
Adm 92.38   General.
Adm 92.40   Services to be provided.
Adm 92.42   Fair rental charge.
Adm 92.44   Local relocation office.
Adm 92.46   Termination of relocation assistance.
Subchapter IV — Relocation Moving Payments
Adm 92.50   General.
Adm 92.52   Standard for actual and reasonable moving expense.
Adm 92.54   Moving payment — residential.
Adm 92.56   Moving payment-business.
Adm 92.58   Optional move payment — business.
Adm 92.60   Moving payment — farm operation.
Adm 92.62   Moving payment — nonprofit organization.
Adm 92.64   Moving payment — outdoor advertising sign.
Adm 92.66   Multiple occupants of a property.
Adm 92.67   Reestablishment expenses—non residential moves.
Subchapter V — Replacement Housing Payment
Adm 92.68   General.
Adm 92.70   180-day owner who purchases.
Adm 92.72   180-day owner who rents.
Adm 92.74   90-day owner or tenant who purchases.
Adm 92.76   90-day owner who rents.
Adm 92.78   90-day tenant who rents.
Adm 92.80   90-day tenant who purchases.
Adm 92.82   Mobile home — general.
Adm 92.84   180-day mobile home owner.
Adm 92.86   90-day mobile home owner.
Adm 92.88   90-day mobile home tenant.
Subchapter VI — Replacement Business and Farm Payment
Adm 92.90   General.
Adm 92.92   Owner-occupant who purchases.
Adm 92.94   Owner-occupant who rents.
Adm 92.96   Tenant-occupant who rents.
Adm 92.98   Tenant-occupant who purchases.
Adm 92.99   Forms.
Ch. Adm 92 Note Note: Chapter ILHR 202 was renumbered chapter ILHR 222 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1996, No. 484. Chapter ILHR 222 was renumbered chapter Comm 202, under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, March, 1997, No. 495. Chapter Comm 202 was renumbered chapter Adm 92 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
subch. I of ch. Adm 92 Subchapter I - General
Adm 92.001 Adm 92.001 Purpose. The purpose of this chapter is to implement ss. 32.185 to 32.27, Stats., by establishing minimum standards for providing relocation payments and services to a person who moves from a dwelling, business or farm operation because of acquisition for a public project, and to assure that such persons do not suffer disproportionate costs as a result of projects designed to benefit the public as a whole. Payments required by this chapter do not affect any right to seek compensation specified in ss. 32.01 through 32.18 and 32.28, Stats. The department of administration shall assure that displaced persons are treated uniformly, fairly and equitably.
Adm 92.001 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. Register, November, 1989, No. 407, eff. 12-1-89; correction made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.
Adm 92.002 Adm 92.002 Applicability. This chapter applies to the following:
Adm 92.002(1) (1) A public project conducted by any agency under s. Adm 92.01 (13) which may or shall displace any person from real property regardless of the source of funds, federal regulations, or the date the project was formally adopted, approved, funded or started;
Adm 92.002(2) (2) A displacement under sub. (1) resulting from initiation of negotiations which begins after April 2, 1989.
Adm 92.002 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) (b), Register, (November, 1989, No. 407, eff. 12-1-89; correction made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, April, 1996, No. 484; correction in (intro.), (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.01 Adm 92.01 Definitions. In this chapter:
Adm 92.01(1) (1) “Acquisition" means:
Adm 92.01(1)(a) (a) A property purchased by an agency by any legal means including a negotiated sale and exercise of eminent domain; or
Adm 92.01(1)(b) (b) A tenant-occupied unit where possession or use is denied to the occupant under a rehabilitation, code enforcement or other program or project being carried out with public financial assistance.
Adm 92.01(2) (2) “Agency" means a displacing agency, under sub. (13).
Adm 92.01(3) (3) “Average annual net earnings" means one half of the net earnings of a business or farm operation, before federal and state income taxes, during the 2 taxable years preceding the taxable year of the displacement, or another period an agency determines more equitable. It includes compensation paid by a business or farm operation to an owner, spouse or dependents. Owner, as used under this subsection includes a sole proprietorship, a principal partner of a partnership, and a principal stockholder of a corporation. Stock held by a spouse and dependent children shall be treated as one principal stockholder.
Adm 92.01(4) (4) “Average monthly income" means, for determining financial means, the annual gross income of an individual or the adults in a family, including salaries, wages, public assistance payments, tips, commissions, unemployment payments, rents, royalties, dividends, interest, profits, pensions, annuities, and other income, divided by 12.
Adm 92.01(5) (5) “Business" means a legal activity, other than a farm operation, regardless of the income produced, conducted:
Adm 92.01(5)(a) (a) For the purchase, sale, lease or rent of personal and real property, and to manufacture, process or market a product, commodity, or other personal property;
Adm 92.01(5)(b) (b) For the sale of a service to the public;
Adm 92.01(5)(c) (c) By a nonprofit organization; or
Adm 92.01(5)(d) (d) Solely for the purpose of moving and related expense, to assist in the purchase, sale, resale, manufacture, processing or marketing of a product, commodity, personal property or service by the erection and maintenance of an outdoor advertising display, whether or not it is located on the premises on which any of the activities listed in this paragraph are conducted.
Adm 92.01(6) (6) “Carve-out" means a method for computing a replacement housing, business or farm operation payment that is applied to separate the value of a portion of a property acquired, or a comparable selected.
Adm 92.01(7) (7) “Comparable replacement business" means a replacement business currently available to a displaced person and, when compared with the acquired business:
Adm 92.01(7)(a) (a) Meets applicable federal, state or local codes;
Adm 92.01(7)(b) (b) Is adequate for the needs of a business and suited for the same type of business;
Adm 92.01(7)(c) (c) Is similar in major characteristics and functionally equivalent with respect to:
Adm 92.01(7)(c)1. 1. Condition, state of repair, land area and building square footage required;
Adm 92.01(7)(c)2. 2. Access to transportation necessary for the business operation, customers, utilities and public services.
Adm 92.01(7)(d) (d) Is in an area free of adverse environmental conditions which may cause significant impairment of the business.
Adm 92.01(7)(e) (e) Is within reasonable proximity of the acquired business if necessary to retain existing or new clientele.
Adm 92.01(8) (8) “Comparable replacement dwelling" means a dwelling which is currently available to the displaced person and, when compared with the dwelling being acquired:
Adm 92.01(8)(a) (a) Is adequate for the person and is decent, safe and sanitary under s. Adm 92.04.
Adm 92.01(8)(b) (b) Is functionally equivalent and substantially the same as the acquired dwelling, with respect to:
Adm 92.01(8)(b)1. 1. Area of habitable living space, number and size of rooms and closets, and the size and utility of any garage or outbuilding within the immediate surrounding yard;
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.