Wisconsin Legislature: Adm 92.18(3)(d)

(1) Education. The department shall promote and place emphasis upon opportunities for interested persons to receive training in the relocation assistance requirements of ch. 32, Stats., and this chapter.

(2) Certification. The department may certify the relocation assistance program of a unit of state or local government upon a determination that the certified program meets the standards followed by the department in administering the relocation assistance requirements of ch. 32, Stats., and this chapter. A unit of government with a certified relocation assistance program shall not be required to submit relocation plans to the department for prior approval under s. Adm 92.26. A unit of government with a certified relocation assistance program shall retain all of its program records for the periods of time specified by the department. The department may examine any records of a certified relocation assistance program. The department shall monitor and audit all certified programs and may revoke the certification of a program upon a determination that the program does not continue to meet the standards for certification.

(3) Enforcement. Complaints shall be received and investigated as provided in s. Adm 92.18.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; correction made under s. 13.93 (2m) (b) 1., Stats., Register, April, 1996, No. 484; r. and recr. Register, March, 1997, No. 495, eff. 4-1-97; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.16 Eviction policy. An agency may evict a person as a last resort but the eviction does not affect the eligibility of a person for relocation benefits. An agency shall assist to prevent eviction of a tenant by an owner before acquisition by an agency. An agency’s relocation record shall document the circumstance surrounding eviction from an agency-acquired property. Eviction may be undertaken for the following:

(1) Failure to pay rent, except as specified under s. 704.07, Stats.;

(2) Use of a premises for an illegal purpose;

(3) A material breach of a rental agreement;

(4) Refusal to accept an offer of a comparable replacement property;

(5) An eviction is required by law.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

Adm 92.18 Relocation appeal. A displaced person, or one claiming to be displaced, may file a complaint for review by the department under this subsection.

(1) General. An agency shall inform a displaced person before displacement of the person’s right of appeal under local and state procedures. A displaced person shall be assured of the following:

(a) A right to be represented in an appeal by a personal representative;

(b) A right to inspect and photocopy a file, record, regulation or operating procedure of an agency or the department pertinent to an appeal;

(d) A right to prompt consideration of a complaint and a written reply from an agency or the department explaining a determination;

(e) A displaced person who appeals may not be removed from an acquired property until an agency issues a written determination on an appeal unless the agency provides written notice to the department that an occupant may be required to move before such determination may be issued.

(f) Filing a complaint under local or state appeal procedure is not a condition precedent to the filing of a claim and commencement of a legal action under s. 32.20, Stats.

(2) Appeal to displacing agency. An agency shall establish an internal appeal procedure to resolve a relocation complaint. The procedure shall assure the following minimum requirements:

(a) An agency shall promptly notify a displaced person not satisfied with a relocation payment or service on how to appeal;

(b) An appeal procedure shall provide for resolution of a complaint at an intermediate level within an agency, or an appeal to the agency head or designee, as a final step in resolving a complaint;

(d) An agency’s determination on a complaint shall be conveyed to a displaced person in writing within 30 days after receipt;

(e) An agency shall inform a person who has filed a complaint, regarding a right to appeal to the department under sub. (3), when a complaint cannot be resolved internally.

(3) Appeal to department. A displaced person may file an appeal to the department. The department shall:

(a) Receive and consider all relocation complaints filed under this chapter;

(b) Provide a written notice to the displacing agency within five working days of receipt of a complaint, including a copy of the complaint;

(c) Request that an agency or a displaced person provide materials or documentation pertinent to a complaint and shall specify a time to provide the materials;

(d) Promptly notify the parties of a dispute when the department determines that a complaint is unreasonable, including the reasons;

(e) Schedule an informal meeting with the parties when necessary to resolve a dispute. The meeting shall be scheduled as soon as practicable and be held in the county where displacement occurred or another mutually agreed location;

(f) Provide a written determination when necessary to resolve a dispute;

(g) Notify the parties within 90 days after an informal meeting when an acceptable solution cannot be negotiated.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

Adm 92.20 Relocation file. An agency shall maintain a current individual property acquisition and individual relocation case file. The file shall be retained for inspection by the department for a minimum of 3 years following completion of a project or a final relocation payment, whichever is later.

(1) Property acquisition file. An individual property acquisition file shall contain:

(a) The name and address of a property owner and the address or other legal description of an acquired property;

(b) Evidence that the property owner was given a pamphlet entitled,“Your Rights as a Landowner under Wisconsin Eminent Domain Law,”and the date given;

(d) A copy of appraisal reports or documents on which a determination of just compensation is based;

(e) A copy of the written offer to purchase and the date of initiation of negotiations to acquire a property;

(f) A copy of a purchase agreement, deed, declaration of taking, waiver or related document involving conveyance of the property;

(h) Evidence that a property owner was paid for the purchase price and expenses incurred incidental to transfer of the property as specified under s. 32.195, Stats.

(2) Individual relocation case file. An agency shall develop and maintain an individual case file for a displaced person beginning with information obtained in the initial interview. An individual relocation case file shall include the following:

(a) Name, on-site address and phone number, date of displacement, replacement address and phone number, and if a tenant or an owner, before and after relocation;

(b) The age and sex of dependent household members, the average monthly income of adult household members and the monthly housing cost of an acquired and replacement dwelling;

(c) A description of the business or farm operation being conducted, whether a displaced person relocated or discontinued, and the average monthly cost of the acquired and replacement facilities;

(d) A description of a dwelling, habitable space, number of rooms and bedrooms, and the type of construction;

(e) A description of relocation needs and preferences;

(f) Evidence that a displaced person received a pamphlet entitled,“Wisconsin Relocation Rights,” and the date received;

(g) A copy of a written notice as specified under this chapter or otherwise given to a displaced person;

(h) Relocation service and assistance provided and the date;

(i) Referral to a replacement dwelling, business or farm operation, including the date, address, and sale or rental price;

(j) A copy of an occupancy agreement for the period after acquisition;

(k) A copy of a replacement property inspection document with the inspection date, description of a property and its condition;

(L) Type and amount of each relocation payment made;

(m) A copy of a relocation claim and supporting documentation and related documents for determining eligibility for or an amount of a payment, evidence of payment, and correspondence relating to a claim;

(n) A copy of an appeal and an explanation of the action taken to resolve the appeal, and the final determination;

(o) A copy of individual relocation case reports or other correspondence with the department;

(p) The agency representative who provided relocation assistance.

(3) Records available for inspection. Property acquisition and relocation records shall be available for inspection by the department, and any person as specified under the Wisconsin Open Records Law, ss. 19.31 to 19.39, Stats.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

Subchapter II — Relocation Plan

Adm 92.24 Purpose. The purpose of a relocation plan is to assure that an agency will provide adequate relocation payments and services and to determine whether displaced persons can be satisfactorily relocated. The department may not approve a relocation plan unless an agency submits evidence and assurances that relocation payments and services provide the following:

(1) Displaced persons shall have an opportunity to occupy comparable, decent, safe and sanitary replacement housing;

(2) Displaced business, farm operation or nonprofit organizations shall have an opportunity to occupy a comparable replacement and shall be assisted in reestablishing with a minimum of delay and loss of earnings;

(3) Prompt and complete relocation payments will be made;

(4) Project and program activities are designed to minimize displacement hardship;

(5) Persons covered under Wisconsin’s Open Housing Law shall be assisted to ensure equal opportunity to obtain housing from within a community’s total housing supply.

(6) Persons shall receive equal treatment in the relocation process;

(7) Persons shall be given a reasonable time to move, and may not be required to move unless a comparable replacement is provided for or available;

(8) Persons shall receive assistance consistent with needs, including referrals for social service, job and housing counseling, and transportation to available replacement dwellings.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

Adm 92.26 Time of plan submission.

(1) Agency with eminent domain power. An agency vested with eminent domain power, or undertaking a project where such power exists, shall file a relocation plan and receive approval in writing from the department before proceeding with initiation of negotiations on any project which may involve displacement of a person.

(2) Agency without eminent domain power. An agency undertaking a project where the power of eminent domain does not exist, shall submit and receive approval of a relocation plan from the department, before a property is acquired for the project, provided:

(a) Any option taken or offer to purchase made by the agency is conditioned upon receipt of relocation plan approval from the department before a property is acquired, and

(b) Tenants who occupy a property and who may be required to move, are contacted by the agency within 7 days after all contingencies have been removed from an option or an accepted offer to purchase. Such contact shall be for the purpose of informing a tenant of any relocation payments and services available and to obtain information for the purpose of preparing a relocation plan.

Note: The purpose of this alternative method of submitting a relocation plan is to ensure that agencies without the power of eminent domain, who are unable to adequately plan for relocation before the project has sufficiently developed to the implementation stage, comply with relocation planning requirements as soon as feasible and before an agency is legally or financially committed to the acquisition of a property where displacement may occur.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (intro.), cr. (2), Register, November, 1989, No. 407, eff. 12-1-89.

Adm 92.28 Contents of relocation plan. A relocation plan shall include the following elements in sufficient detail to assess whether relocation can be satisfactorily accomplished:

(1) Project description. The name, purpose, location, overall project activity, administrative organization and staffing for relocation assistance, type and occupancy status of displacement property and a timetable for project implementation;

(2) Relocation program standards. A statement regarding whether or not local ordinances or regulations establish standards meeting those specified under this chapter for decent, safe and sanitary housing, or whether another regulation requires the agency to provide relocation benefits in excess of those specified under this chapter.

(3) Competing displacement. A description and analysis of any other private and public displacement activities in the area which may compete for replacement resources;

(4) Relocation feasibility analysis. An identification and description of displaced persons, a description of the property occupied, an identification and assessment of available replacement resources, a correlation of replacement resources with a person’s needs, financial means, and an estimate of relocation payments;

(5) Alternative relocation plan. An alternative relocation plan when existing replacement resources are insufficient to meet a person’s needs;

(6) Relocation assistance service. The relocation services to be provided;

(7) Relocation payment. The procedure for processing a claim to assure prompt and complete payment;

(8) Property management. The policy for continued occupancy and eviction;