Wisconsin Legislature: Ch. Adm 92 TOC

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.

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.

Subchapter I — General

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.

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 Applicability. This chapter applies to the following:

(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;

(2) A displacement under sub. (1) resulting from initiation of negotiations which begins after April 2, 1989.

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 Definitions. In this chapter:

(1) “Acquisition” means:

(a) A property purchased by an agency by any legal means including a negotiated sale and exercise of eminent domain; or

(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.

(2) “Agency” means a displacing agency, under sub. (13).

(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.

(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.

(5) “Business” means a legal activity, other than a farm operation, regardless of the income produced, conducted:

(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;

(b) For the sale of a service to the public;

(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.

(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.

(7) “Comparable replacement business” means a replacement business currently available to a displaced person and, when compared with the acquired business:

(a) Meets applicable federal, state or local codes;

(b) Is adequate for the needs of a business and suited for the same type of business;

1. Condition, state of repair, land area and building square footage required;

2. Access to transportation necessary for the business operation, customers, utilities and public services.

(d) Is in an area free of adverse environmental conditions which may cause significant impairment of the business.

(e) Is within reasonable proximity of the acquired business if necessary to retain existing or new clientele.

(8) “Comparable replacement dwelling” means a dwelling which is currently available to the displaced person and, when compared with the dwelling being acquired:

(a) Is adequate for the person and is decent, safe and sanitary under s. Adm 92.04.

(b) Is functionally equivalent and substantially the same as the acquired dwelling, with respect to:

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;

2. Type of construction, age and state of repair;

3. In an area not less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities and neighborhood conditions, including schools and municipal services, and is accessible to the person’s place of employment;

(c) Is available to the person regardless of sex, race, color, disability, religion, national origin, sex or marital status of the person maintaining a household, legal sources of income, age, ancestry, sexual orientation or other applicable federal, state or local fair housing laws.

Note: The comparable must be available to the person being displaced. For example, a dwelling may not be selected as a comparable for a family with children, when the owner does not rent to families with children.

(d) Is available within the financial means of the displaced person.

(9) “Comparable replacement farm operation” means a replacement farm operation currently available to a displaced person and, when compared to the acquired farm operation:

(a) Meets applicable federal, state or local codes;