“Unlawful occupancy" means occupancy by a person who has been ordered to move by a court of competent jurisdiction prior to initiation of negotiations for the acquisition of the property. At the discretion of the agency, persons who occupy property without permission of the owner may be considered to be in unlawful occupancy. Technical violations of law and unlitigated violations of the terms of a lease, such as having an unauthorized pet or withholding rent because of improper building maintenance, do not constitute unlawful occupancy.
“Utility charge" means an average monthly cost for space and water heating, lighting, water and sewer, and trash removal, but not telephone service.
Adm 92.01 History
Cr. Register, March, 1986, No. 363
, eff. 4-1-86; am. (1), (13), (20), (intro.), (21) and (24), r. and recr. (4), renum. (33) to (41) to be (34) to (41) and (43) and am. (40) and (41), cr. (33) and (42), Register, November, 1989, No. 407
, eff. 12-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484
; cr. (14) (b) 11., (21) (c), (32m), am. (33) (a) (intro.), Register, March, 1997, No. 495
, eff. 4-1-97; correction in (8) (a), (11), (13), (14) (b) 9., 10. made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672
; CR 21-110: am. (8) (c) Register June 2022 No. 798, eff. 7-1-22.
Decent, safe, and sanitary housing. Adm 92.04(1)(1)
The following minimum housing standards are to assure that housing quality is adequate for the protection of public health, safety and welfare. They shall be applicable for all dwellings selected for comparable replacement housing payment determinations, referrals to displaced persons and to which persons move.
(2) Minimum requirement.
A decent, safe and sanitary dwelling conforms with applicable provisions for existing structures established under state or local building, plumbing, electrical, housing and occupancy codes and similar ordinances or regulations, and meets the following minimum requirements:
A dwelling shall have a continuing and adequate supply of water suitable for drinking.
A dwelling shall have a room or portion of a room where food is normally prepared and cooked and is equipped with:
A kitchen sink in good working condition, properly connected to an approved water system with sufficient hot and cold water, and to an approved sewer system.
Cabinets or shelves for the storage of eating, drinking and cooking equipment and utensils, and food that does not ordinarily require refrigeration for safekeeping. The cabinets or shelves shall be of sound construction with surfaces that are easily cleaned and have no toxic or noxious effect on food.
Sufficient space and utility service connections for installation of a stove and refrigerator.
A dwelling shall have a safe, good working and properly installed heating system capable of heating all habitable rooms to approximately 70°
F. Unvented fuel-fired flame space heaters and furnaces shall be prohibited. Portable electric heaters approved under appropriate local and state codes are acceptable.
A dwelling shall contain the following:
A private, nonhabitable room with a properly working flush toilet connected to a water system with sufficient water, and to an approved sewer system.
A room with a lavatory sink. A sink may be in the same room as a toilet. If a sink is located in a room other than the one with a toilet, the toilet shall be near a door leading directly into the room with a sink. A sink shall be in good working condition, properly connected to an approved water system with sufficient hot and cold water, and to an approved sewer system.
A private room with a bathtub or shower. A bathtub or shower may be in the same room as a flush toilet, a room with a lavatory sink, or in another room and shall be connected to an approved water system with sufficient hot and cold water, and to an approved sewer system.
A dwelling unit and public and common areas shall be supplied with electric service, wiring, outlets and fixtures which are properly installed, and maintained in good and safe working condition. The service capacity and the number of outlets and fixtures shall be as follows:
A habitable room shall have a minimum of 2 floor or wall outlets.
A water closet room, bathroom, laundry room, furnace room, dining room, kitchen, and public hall shall have at least one ceiling or wall electric light fixture.
Light switches in a room or passage shall be conveniently located to light the area ahead.
Public halls and stairways in a multiple dwelling shall be adequately lighted at all times.
A foundation, roof, exterior wall door, skylight and windows shall be weathertight, waterproof, dampproof, and together with floors, interior walls and ceilings, be structurally sound and in good repair without visible evidence of structural failure or deterioration.
A dwelling, multiple dwelling, rooming house, other building or accessory structure and premises shall be maintained to prevent and eliminate rodents.
A foundation, roof, floors, exterior and interior walls, ceilings, inside and outside stairs, porches and all appurtenances shall be safe and capable of supporting a normal load. Inside and outside stairs shall have uniform risers and treads. Stairways shall have structurally sound handrails.
Plumbing fixtures and water pipes shall be properly installed and maintained in a good, sanitary working condition.
Toilet room, bathroom and kitchen floor surfaces shall be impervious to water to permit maintenance of a clean and sanitary condition.
Gas burning equipment and pipes, water and waste pipes, toilets, sinks, lavatories, bathtubs, shower and catch basins, vents, chimneys, flues, smoke pipes and other facilities, equipment or utilities in a dwelling, shall be maintained in a safe, satisfactory working condition.
Habitable room. A habitable room shall have at least one openable window or skylight facing outside. The minimum window or skylight area shall be at least 8% of the floor area of a room.
Bathroom. A bathroom or toilet room shall comply with the requirement for a habitable room. A window or skylight may be omitted when the room is equipped with artificial lighting and adequate ventilation.
Number of exits - means of escape.
In a dwelling of more than 2 rooms, bedroom and living room areas shall have at least 2 means of escape with at least one door or stairway providing a means of unobstructed travel to the outside at street or ground level. Bedroom and living room areas may not be accessible by only a ladder or folding stairs, or through a trap door.
Alternate means of escape.
A second means of escape shall be either:
A door or stairway providing a means of unobstructed travel to the outside at street or ground level, or
An outside window operable from the inside without the use of tools and providing a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The window bottom may not be more than 44 inches above the floor.
Exception no. 1. A second means of escape shall not be required when the room has a door leading directly outside to grade.
Exception no. 2. A second means of escape shall not be required when a building is protected throughout by an approved automatic sprinkler system.
Exception no. 3. A second means of escape from a second or higher story dwelling may be directly through a common corridor provided the corridor has at least 2 means of escape.
A required path of travel to the outside from a room may not be through another room or apartment not under the immediate control of the occupant of the first room, nor through a bathroom or other space subject to locking.
Habitable floor space.
A dwelling unit shall have at least 150 square feet of habitable floor space for the first occupant and at least 100 square feet, 70 square feet for a mobile home, for each additional occupant. In addition:
The floor space shall be divided into rooms and bedrooms to be adequate for a displaced person. No more than 2 persons may occupy a bedroom of less than 100 square feet. Children of opposite sex over age 7 may not be required to share a bedroom;
The ceiling height of any habitable room shall be at least 7 feet, except that in a habitable room with a sloping ceiling at least one half of the floor area shall have a ceiling height of at least 7 feet. The floor area of the room may not include that part of a room where the ceiling height is less than 5 feet;
Space located below grade may not be used as a habitable room unless:
The minimum window area shall be equal to that under par. (g) 1.
and shall be within properly drained window wells when located below grade;
The total openable window area shall be at least equal to that as specified under par. (hm) 2.
, except when there is adequate ventilation and humidity control.
A dwelling and access to the dwelling shall be free of barriers for a person or family member with a physical disability.
A dwelling site shall be graded, well drained and maintained in a clean, sanitary and safe condition, and located in an area not subject to adverse environmental conditions as determined by the agency.
(3) Sleeping room.
The requirements for a sleeping room shall be as specified under sub. (2) (a)
, and have the following:
At least 100 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for each additional occupant;
Access to a private lavatory, bath and toilet facility.
An agency shall promptly inspect a replacement dwelling to ascertain whether it meets the requirements of this section.
(5) Habitable room.
A habitable room is a room used for sleeping, living, or dining, but excludes closets, kitchens, pantries, bath or toilet rooms, service rooms, hallways, stairways, laundries, storage spaces, cellars, utility rooms, and similar spaces.
Adm 92.04 History
Cr. Register, March, 1986, No. 363
, eff. 4-1-86; corrections made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, April, 1996, No. 484
; CR 21-110: am. (2) (j) Register June 2022 No. 798, eff. 7-1-22.
Written notice and information.
An agency shall as a minimum, provide displaced persons and property owners with notices and relocation information as specified in this section.
(1) Information at public hearing.
An agency shall provide the following general information if a public hearing is held for a project which may involve land acquisition and displacement of a person;
A general description of the relocation services and payments;
A statement that an agency shall prepare a relocation plan for approval by the department before acquisition and that persons to be affected shall be contacted to obtain information to prepare the plan;
Identification of project boundaries and an estimate of the number of residential and nonresidential properties to be acquired;
A statement that a person who moves prematurely may jeopardize relocation entitlements and that sufficient time to relocate will be provided;
The name, address and telephone number of an agency representative available for further information on acquisition and relocation assistance matters.
(2) Written information at initial contact.
An agency, except an agency without eminent domain power undertaking a project where such power does not exist, shall provide written notice at the time of initial contact to obtain information necessary for preparation of a relocation plan:
An owner of rental property shall receive a statement which describes the nature of the proposed project, informs an owner that tenants are being contacted to obtain information to prepare the plan, cautions the owner against eviction of tenants before acquisition, explains that tenants are being advised not to move prematurely, and that in the event tenants move before acquisition, an owner may qualify for a rent loss payment.
A tenant or an owner-occupant of a property shall receive a statement which describes the nature of a proposed project, warns against a premature move which may jeopardize relocation entitlements, indicates the date acquisition is expected to begin, summarizes the relocation assistance and benefits available, and gives the name, address and phone number of an agency representative to contact.
(3) Information before initiation of negotiations.
An agency, except an agency without eminent domain power undertaking a project where such power does not exist, shall, before initiation of negotiations, furnish the following pamphlets unless already furnished with the written notice at the time of initial contact as specified under sub. (2)
An owner of property shall receive a pamphlet, s. 32.05
, Stats., depending on the type of project, entitled “Your Rights as a Landowner under Wisconsin Eminent Domain Law."
A tenant or an owner-occupant of a residential property shall receive a pamphlet entitled “Wisconsin Relocation Rights", for residential occupants.
A tenant or an owner-occupant of a business or farm property shall receive a pamphlet entitled “Wisconsin Relocation Rights", for business or farm occupants.
Adm 92.06 Note
Note: The pamphlets referred to in this section may be obtained from the department.
(4) Information from agencies without eminent domain power.
An agency without the power of eminent domain undertaking a project where such power does not exist, shall provide the following notices and information:
A written notice cautioning the owner against removal of tenants shall be provided to the owner before initiation of negotiations.
A relocation informational pamphlet under sub. (3) (b)
shall be provided to a tenant occupant who will be displaced as soon as feasible and no later than 7 days after an offer to purchase has been accepted and all contingencies removed, except for a relocation plan approval contingency.
(5) Written offer to purchase.
An offer to purchase a property shall be in writing and shall establish the date of initiation of negotiations. However, the date of a verbal monetary offer to purchase authorized by the acquiring agency shall be considered as initiation of negotiations to establish eligibility for a relocation benefit.
(6) Written notice of replacement payment entitlement and occupancy term. Adm 92.06(6)(a)
An agency shall provide a written notice to occupants indicating the differential replacement payment computation as specified under ss. Adm 92.68
for residential occupants and under ss. Adm 92.90
for business and farm occupants. The notice shall be provided within 90 days of an expected date of vacation or at the request of a displaced person, whichever is sooner.
An agency may not require an occupant of property acquired by an agency to move without at least a 90 day written notice of an intended vacation date.
(7) Information on relocation claim filing.
An agency shall furnish a displaced person with a claim form and explain the filing procedure before displacement. An agency shall assist in claim preparation and describe any supporting documentation a person must provide.
(8) Written notice of claim denial.
An agency shall promptly notify a claimant in writing of a determination, the basis for a determination and how a person may modify the claim or file an appeal, when an agency denies a claim or does not approve the full amount.
(9) Manner of notice.
An agency shall give a person written notice as specified in this section by personal service, receipt documented, or by certified or registered first-class mail, return receipt requested. A notice shall be written in plain language and have a name and a telephone number of a person to contact. An agency shall provide appropriate translation and counseling for a person to be displaced who is unable to read or understand a notice. An agency shall make a diligent effort to contact a person to provide notices specified in this section.
Adm 92.06 History
Cr. Register, March, 1986, No. 363
, eff. 4-1-86; am. (2) (intro.) and (3) (intro.), renum. (4) to (8) to be (5) to (9), cr. (4), Register, November, 1989, No. 407
, eff. 12-1-89; corrections in (6) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484
; correction in (6) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672
Payment of relocation claim.
An agency shall pay a displaced person a relocation payment as specified under this chapter.
(1) Time of filing.
A displaced person may file a claim for payment following a move, but not later than 2 years after the following dates, unless extended by the agency for good cause:
For owners, the date of final payment for the purchase of the real property or the date of displacement, whichever is later.
(2) Prompt payment of a claim.
An agency shall pay a claim in a timely manner, and promptly notify a displaced person when additional information is needed to support a claim. A replacement housing, business or farm payment shall be paid in one lump sum.
(3) Direct payment.
An agency may not withhold part of a payment to a displaced person to satisfy an obligation to an agency or creditor, except that an agency may deduct any rent the displaced person owes the agency if the deduction does not prevent the person from obtaining a comparable replacement dwelling. An agency may not require a person to relinquish a right to future claims as a condition of payment. A payment shall be made to a displaced person, unless a person designates otherwise in writing, or a court orders a set off under s. 32.20
(4) Partial payment.
An agency shall pay a displaced person promptly for that part of the total claim not in dispute when only a part of a total claim is filed, or when a part of a claim is in dispute or is not sufficiently documented.
(5) Advance payment.
An agency may pay a displaced person in advance of a move, subject to safeguards to ensure the payment is no greater than the amount a person is eligible to receive.
(6) No duplication of payment.
A person eligible for a relocation payment under this chapter and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 84 Stat. 1894, may not receive a payment under both for items which have the same purpose and are equally compensable.