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Adm 92.26 Adm 92.26 Time of plan submission.
Adm 92.26(1) (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.
Adm 92.26(2) (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:
Adm 92.26(2)(a) (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
Adm 92.26(2)(b) (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.
Adm 92.26 Note 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.
Adm 92.26 History 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 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:
Adm 92.28(1) (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;
Adm 92.28(2) (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.
Adm 92.28(3) (3)Competing displacement. A description and analysis of any other private and public displacement activities in the area which may compete for replacement resources;
Adm 92.28(4) (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;
Adm 92.28(5) (5)Alternative relocation plan. An alternative relocation plan when existing replacement resources are insufficient to meet a person's needs;
Adm 92.28(6) (6)Relocation assistance service. The relocation services to be provided;
Adm 92.28(7) (7)Relocation payment. The procedure for processing a claim to assure prompt and complete payment;
Adm 92.28(8) (8)Property management. The policy for continued occupancy and eviction;
Adm 92.28(9) (9)Relocation grievance. The procedure for resolving a relocation appeal;
Adm 92.28(10) (10)Assurance. A statement by the agency head or designee that persons to be displaced shall be relocated as specified in the approval plan and this chapter;
Adm 92.28(11) (11)Project map. A map identifying each property to be acquired and the project boundary;
Adm 92.28(12) (12)Photograph. A photograph of each improved property to be acquired.
Adm 92.28 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (intro.) and (1), Register, November, 1989, No. 407, eff. 12-1-89.
Adm 92.29 Adm 92.29 Small projects relocation plan. A small projects relocation plan for projects having less than 3 displacements may be submitted in lieu of a complete relocation plan, and shall consist of items specified in s. Adm 92.28 (1), (4) and (10). A small projects relocation plan shall be submitted in a format approved by the department.
Adm 92.29 History History: Cr. 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) 7., Stats., Register December 2011 No. 672.
Adm 92.30 Adm 92.30 Data for plan development. An agency shall obtain the following data for plan development:
Adm 92.30(1) (1) Information from an interview regarding a person's needs, characteristics, present occupancy and relocation preferences shall form the basis for a plan. Other reliable information may be substituted when a person is unable to provide the information or cannot be contacted after repeated attempts;
Adm 92.30(2) (2) Replacement housing, business or farm operations listed in the plan shall be drawn from properties available at the time of plan development. An agency may use reliable data on past sales and rental activity in estimating resources to be available when there are not enough available properties at the time of plan development.
Adm 92.30 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.
subch. III of ch. Adm 92 Subchapter III - Relocation Assistance Services
Adm 92.38 Adm 92.38 General. An agency shall provide relocation assistance to a person as specified under this chapter and commensurate with individual need, whenever the acquisition of property for a project will result in the displacement of a person.
Adm 92.38 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.
Adm 92.40 Adm 92.40 Services to be provided. An agency shall provide displaced persons with the following services:
Adm 92.40(1) (1) Advice on eligibility requirements and the availability of relocation payments and services;
Adm 92.40(2) (2) Advice on rehousing and relocation options based on a personal interview to obtain a person's housing needs and relocation preferences;
Adm 92.40(3) (3) Current and continuing information and referral to replacement sales and rental housing, including any government assisted homeownership, rehabilitation or rental housing programs for which a person may qualify;
Adm 92.40(4) (4) Current data on security deposit cost, closing cost, typical down payment required, interest rate and financing terms, maps indicating location of schools, churches, parks, playgrounds, shopping facilities and public transportation routes when applicable;
Adm 92.40(5) (5) Information on the agency's relocation program and grievance procedure, local ordinances on housing, building codes, fair housing, housing consumer literature, shelter costs, homeownership and family budgeting;
Adm 92.40(6) (6) Advice to homebuyers on obtaining mortgage financing or a land contract and submission of offers to purchase, credit report, appraisal and survey. Advice to renters on tenant or lease arrangements, tenant/landlord responsibilities, security deposit practices and rent costs;
Adm 92.40(7) (7) Assess replacement property to determine its condition and adequacy, before referral;
Adm 92.40(8) (8) Advise displaced persons that they will not have to move unless offered a comparable replacement within a reasonable period before displacement;
Adm 92.40(9) (9) Assistance in moving and transferring utility services;
Adm 92.40(10) (10) Referrals for employment, training, health, welfare, legal aid, and related programs, when necessary;
Adm 92.40(11) (11) Relocation services which result in equal treatment for persons regardless of sex, race, color, handicap, religion, national origin, sex or marital status of a person maintaining a household, lawful source of income, sexual orientation, age, ancestry or a person's status as an owner or tenant;
Adm 92.40(12) (12) Ensure that during the time between acquisition and displacement a property occupied by a displaced person is free of any immediate life threatening conditions, unless an existing code requires a higher maintenance standard. An agency may temporarily relocate an occupant as an alternative to correcting such life threatening conditions.
Adm 92.40(13) (13) Assistance in preparing and filing a relocation claim;
Adm 92.40(14) (14) Consult with a business or farm operator to determine relocation needs and preferences, land and building square footage required, traffic patterns, market demand and retention of existing clientele, replacement cost limitations, employee needs, operating modifications and other factors for successful reestablishment;
Adm 92.40(15) (15) Current and continuing information and referrals to suitable commercial replacement sales and rental sites and facilities;
Adm 92.40(16) (16) Current data on the cost of comparable property and leased space, growth potential in various areas, industrial sites, zoning ordinances, applicable code restrictions and permit requirements, and other data to assist a person in making an informed decision regarding relocation or discontinuance of a business or farm operation;
Adm 92.40(17) (17) Referrals to financial institutions, government agencies, and others offering assistance to business or farm operations;
Adm 92.40(18) (18) Referrals and advice to assure that low income and minority persons have equal opportunity in selecting a replacement dwelling from the total housing market, thereby facilitating desegregation and economic and racially inclusive patterns of occupancy. Low income and minority persons shall be informed of housing opportunities outside of low income and minority neighborhoods. An agency shall provide, or secure through contract with fair housing or civil rights groups, affirmative assistance that includes, as a minimum:
Adm 92.40(18)(a) (a) Services necessary to familiarize low income and minority persons with nonimpacted neighborhoods including transportation, escort to brokers or rental offices, and counseling and assistance in obtaining available services which may be required;
Adm 92.40(18)(b) (b) Services necessary to guard against housing discrimination by a seller, broker, landlord, rental agent, or financial institution on the basis of sex, race, color, handicap, religion, national origin, sex or marital status of a person maintaining a household, lawful source of income, sexual orientation, age or ancestry;
Adm 92.40(18)(c) (c) A copy of Wisconsin's Open Housing Law and any applicable local ordinances on fair housing;
Adm 92.40(18)(d) (d) Assistance in filing an application or complaint for administrative or judicial relief when housing discrimination is alleged.
Adm 92.40 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.
Adm 92.42 Adm 92.42 Fair rental charge. Rent charged to an occupant for use of a property between the date of acquisition and the date of displacement may not exceed the economic rent, the rent paid by a tenant to the former owner or the occupant's financial means if a dwelling, whichever is less. A displaced person shall have rent free use of the property for 30 days beginning with the next first or fifteenth day of the month after title vests in an agency, whichever is sooner.
Adm 92.42 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.
Adm 92.44 Adm 92.44 Local relocation office. There shall be a relocation office convenient to public transportation or within walking distance of a project when the needs of displaced persons justify it. The office shall be open during hours convenient to displaced persons, including evening hours when necessary.
Adm 92.44 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.
Adm 92.46 Adm 92.46 Termination of relocation assistance. Relocation assistance and services to a displaced person shall continue for 2 years after displacement or until relocation has been completed. An agency shall provide relocation assistance until:
Adm 92.46(1) (1) A displaced person moves to a suitable replacement property, or discontinues a business or farm operation, and receives relocation payments;
Adm 92.46(2) (2) A diligent effort was made to locate a displaced person whose whereabouts are unknown;
Adm 92.46(3) (3) A displaced person moves to not decent, safe and sanitary housing or to a business or farm operation not in compliance with applicable codes, and refuses efforts by an agency to correct deficiencies or accept other referrals;
Adm 92.46(4) (4) A displaced person refuses to accept suitable replacement referrals. In the event of continuous refusal to admit an agency representative for relocation assistance, who visits the occupant at convenient times, and has whenever possible, given notice of intention to visit the occupant, an agency shall make a diligent effort to communicate with a person before terminating assistance.
Adm 92.46 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.
subch. IV of ch. Adm 92 Subchapter IV — Relocation Moving Payments
Adm 92.50 Adm 92.50 General. An agency shall pay a person for the following moving and related expense:
Adm 92.50(1) (1) Moving a person and personal property from a displacement property;
Adm 92.50(2) (2) Moving a fixture when a person retains ownership provided the fixture is necessary for reestablishment of a business or farm operation and cannot otherwise be replaced within the maximum replacement payment under s. Adm 92.90.
Adm 92.50(3) (3) Moving costs, when an acquisition of real property used for a business or farm operation causes a person to vacate a dwelling or other real property not acquired, or in moving personal property from other real property not acquired;
Adm 92.50(4) (4) Moving costs for a residence and a business or farm when a person operates a business or farm and also resides on the property.
Adm 92.50(5) (5) One move, except the cost of a temporary move and a final move shall be paid when a hardship exists or when approved by an agency.
Adm 92.50 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1), Register, November, 1989, No. 407, eff. 12-1-89; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.52 Adm 92.52 Standard for actual and reasonable moving expense.
Adm 92.52(1)(1) Eligible moving expense. A person who claims a moving payment based on actual and reasonable cost shall be eligible for the following expenses:
Adm 92.52(1)(a) (a) Transporting a person and personal property from an acquired site to a replacement site. Transportation expense beyond 50 miles is ineligible, unless an agency determines that a hardship exists or relocation could not be satisfactorily accomplished within this distance. Exception shall be allowed by an agency to the nearest adequate and available site;
Adm 92.52(1)(b) (b) Packing, crating, unpacking and uncrating personal property;
Adm 92.52(1)(c) (c) Disconnecting, dismantling, removing, reassembling and reinstalling relocated and substitute machinery, equipment, appliances and other items not acquired, including reconnection of utilities to the items, and modification necessary to adapt the property to a replacement structure which is not a substantial real property improvement;
Adm 92.52(1)(d) (d) Storage of personal property, except on property owned by a displaced person, for a period not to exceed 12 months unless a longer period is determined necessary by the agency;
Adm 92.52(1)(e) (e) Advertisement and obtaining bids for moving;
Adm 92.52(1)(f) (f) An insurance premium for the replacement value of property lost or damaged while in storage or transit;
Adm 92.52(1)(g) (g) The replacement value of property lost, stolen or damaged in moving, not caused by the fault or negligence of a displaced person, agent, or employee, if insurance coverage was not reasonably available;
Adm 92.52(1)(h) (h) A nontransferable license, permit or certification obtained by a displaced person when necessary to reestablish. The cost may not exceed either the cost for one year, or the cost of the remaining useful life of the document, as determined by the issuing authority, whichever is less;
Adm 92.52(1)(i) (i) A professional service or consultant fee for planning, moving or installing relocated and substituted property at a replacement location;
Adm 92.52(1)(j) (j) Time to prepare an inventory of items to be moved when the agency is unable to perform an inventory;
Adm 92.52(1)(k) (k) Relettering a sign and replacement of obsolete stationery;
Adm 92.52(1)(L) (L) Direct loss of tangible personal property for a nonresidential displaced person under s. Adm 92.56 (2);
Adm 92.52(1)(m) (m) Searching for a replacement location for a business or farm operation under s. Adm 92.56 (3);
Adm 92.52(1)(n) (n) The amount actually paid for services in preparing and documenting a claim for a relocation payment or a business loan application not to exceed $100 for a residential occupant or $500 for a business or farm operation;
Adm 92.52(1)(o) (o) Related move expenses determined necessary by the agency.
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.