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Adm 92.67(2)(a) (a) Repairs or improvements to the replacement real property as required by applicable federal, state or local codes or ordinances.
Adm 92.67(2)(b) (b) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business.
Adm 92.67(2)(c) (c) Construction and installation costs for exterior signing to advertise the business.
Adm 92.67(2)(d) (d) Provision of utilities from the right-of-way to improvements on the replacement site.
Adm 92.67(2)(e) (e) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, panelling, or carpeting.
Adm 92.67(2)(f) (f) Licenses, fees and permits when not paid as part of moving expenses.
Adm 92.67(2)(g) (g) Feasibility surveys, soil testing and marketing studies.
Adm 92.67(2)(h) (h) Advertisement of the replacement location.
Adm 92.67(2)(i) (i) Professional services in connection with the purchase or lease of a replacement site.
Adm 92.67(2)(j) (j) Increased costs of operation during the first 2 years at the replacement site for lease or rental charges, personal or real property taxes, insurance premiums, or utility charges.
Adm 92.67(2)(k) (k) Impact fees or one-time assessments for anticipated heavy utility usage.
Adm 92.67(2)(L) (L) Other items that the agency considers essential for reestablishment of the business.
Adm 92.67(3) (3)Ineligible expenses. Reestablishment expenditures that are not considered to be reasonable and necessary relocation costs include the following nonexclusive list:
Adm 92.67(3)(a) (a) Purchase of capital assets, such as office furniture, filing cabinets, machinery or trade fixtures.
Adm 92.67(3)(b) (b) Purchase of manufacturing materials, production supplies, product inventory or other items used in the normal course of business operations.
Adm 92.67(3)(c) (c) Interior or exterior renovations at the replacement site which are for aesthetic purposes, except as provided in sub. (2) (e).
Adm 92.67(3)(d) (d) Interest on money borrowed to make the move or purchase the replacement property.
Adm 92.67(3)(e) (e) Payment to a part-time business in the home which does not contribute materially to the household income.
Adm 92.67(4) (4)Limitations. A person shall be eligible for reasonable and necessary reestablishment expenses, as determined by the agency, if such expenses are not otherwise paid as part of a replacement business or farm payment under s. Adm 92.90. A person who is eligible to receive a replacement business or farm payment of at least $10,000 under s. Adm 92.90 is not eligible for reestablishment expenses under this section, except for items in sub. (2) (c), (d), (f), (h), (k) and (L).
Adm 92.67 History History: Cr. Register, November, 1989, No. 407, eff. 12-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; am. (2) (c), (h) and (j), r. (3) (f), Register, March, 1997, No. 495, eff. 4-1-97; correction in (1), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. V of ch. Adm 92 Subchapter V — Replacement Housing Payment
Adm 92.68 Adm 92.68 General. This section describes the general requirements for a replacement housing payment to a person displaced from a dwelling. A person is not required to relocate to the same owner or tenant occupancy status, but has other options as specified under this subchapter. An agency shall make one replacement payment for each dwelling unit, except in the case of joint occupancy of a single family dwelling as specified under sub. (7) (d).
Adm 92.68(1) (1)Eligibility requirements.
Adm 92.68(1)(a)(a) Persons who meet length of occupancy requirements. An owner or tenant occupant displaced from a dwelling shall be eligible for a replacement housing payment under this subchapter, if the person occupied the dwelling 180 days before initiation of negotiations if an owner, or 90 days if a tenant, except that a 90-day owner may qualify for a tenant replacement payment.
Adm 92.68(1)(b) (b) Persons who do not meet length of occupancy requirements. A person who occupies real property before its acquisition, but does not meet the length of occupancy requirements in par. (a), may receive a payment equal to the difference between 30% of the person's average monthly income and the monthly housing costs of a replacement dwelling, for a period of 48 months, if a replacement rental is not otherwise available within 30% of the person's average monthly income.
Adm 92.68(2) (2)Delayed occupancy for construction and rehabilitation. A person who contracts for the construction or rehabilitation of a replacement dwelling, but cannot occupy it within the time period as specified under s. Adm 92.70 (1) (b), shall be considered to have purchased and occupied the dwelling as of the date of the contract. A replacement payment may be deferred until occupancy, provided the agency makes payment into an interest-bearing escrow account for release to a person upon occupancy. An agency may pay the person before occupancy provided the agency is assured that occupancy will occur.
Adm 92.68(3) (3)Prior ownership of replacement dwelling or land. An agency shall make a replacement payment to a person based on a dwelling or site owned by the person before acquisition, if the person occupies the replacement within the time limit as specified under s. Adm 92.70 (1) (b), and the dwelling is decent, safe and sanitary. The fair market value of the land and the dwelling at the time of displacement shall be used as the actual cost in determining the payment.
Adm 92.68(4) (4)Housing inspection.
Adm 92.68(4)(a)(a) Person moves to decent, safe and sanitary. An agency shall make a replacement payment to a person after finding a replacement to be decent, safe and sanitary as specified under s. Adm 92.04.
Adm 92.68(4)(b) (b) Person moves to non-decent, unsafe or unsanitary.
Adm 92.68(4)(b)1.1. An agency shall assist in correcting deficiencies and, when necessary, refer a displaced person to other decent, safe and sanitary housing, before terminating assistance or denying a replacement housing payment.
Adm 92.68(4)(b)2. 2. An agency shall notify a displaced person in writing within 10 days of an inspection regarding deficiencies to be corrected to receive payment, and shall make the payment when deficiencies are corrected, or a person moves to another decent, safe and sanitary dwelling.
Adm 92.68(5) (5)Statement of eligibility to a lender. An agency, upon request of a person to be relocated, shall inform an interested person or mortgage lender that the person shall be eligible for a replacement payment upon the purchase or rent and occupancy of a decent, safe and sanitary dwelling within the applicable time limit.
Adm 92.68(6) (6)Advance payment in a condemnation case. An agency shall promptly pay a replacement housing payment. An advance payment shall be made when an agency determines the acquisition payment will be delayed because of condemnation proceedings. An agency's maximum offer shall be used as the acquisition price for calculating the payment. The payment shall be contingent on a person signing an affidavit of intent that:
Adm 92.68(6)(a) (a) The agency shall re-compute a replacement payment using the acquisition amount set by the court;
Adm 92.68(6)(b) (b) The person shall refund to an agency the excess amount from the judgment when the amount awarded as the acquisition amount plus the advance payment exceeds the amount actually paid for a replacement or an agency's determined cost of a comparable replacement. A person is not required to refund more than the advance payment. A payment shall be made after condemnation proceedings are completed when a person does not sign an affidavit.
Adm 92.68(7) (7)Carve-out and modification of replacement payment computation.
Adm 92.68(7)(a)(a) Complete acquisition.
Adm 92.68(7)(a)1.1. Typical size lot. The maximum replacement payment shall be the selling price of a comparable dwelling on a lot typical for the area, less the price of the acquired dwelling and the site, when a dwelling is located on a lot typical for the area.
Adm 92.68(7)(a)2. 2. Larger than typical size lot. The maximum replacement payment shall be the price of a comparable dwelling on a lot typical for the area, less the price of the acquired dwelling plus the price of that portion of the acquired land which represents a lot typical for the area, when the acquired dwelling is located on a lot size larger than typical for the area.
Adm 92.68(7)(b) (b) Partial acquisition.
Adm 92.68(7)(b)1.1. Typical size lot. The maximum replacement payment shall be the selling price of a comparable dwelling on a lot typical for the area, less the value of the entire property, when an acquired dwelling is located on a lot typical for the area. An agency may purchase the remainder of the lot when requested by an owner.
Adm 92.68(7)(b)2. 2. Larger than typical size lot. The maximum replacement payment shall be the selling price of a comparable dwelling on a lot typical for the area, less the value of that portion which represents the homesite lot typical for the area, when the dwelling is located on a lot larger than typical for the area. An agency may purchase the remainder of the lot when requested by an owner.
Adm 92.68(7)(b)3. 3. Remainder property. If a buildable residential lot or an uneconomic remnant remains after a partial taking and the owner of the remaining property refuses to sell the remainder to the agency, the market value of the remainder may be added to the acquisition cost for the purposes of computing the payment.
Adm 92.68 Note Note: Under ss. 32.05 (3m) and 32.06 (3m), Stats., an agency is required to offer to purchase a remainder if it is an uneconomic remnant.
Adm 92.68(7)(c) (c) Dwelling on land with higher and better use. The maximum replacement payment shall be the selling price of a comparable dwelling on a lot typical in the area, less the price of the acquired dwelling, and the price of that portion which represents a lot typical for residential use in the area, when the market value is based on a higher and better use then residential.
Adm 92.68(7)(d) (d) Multiple occupancy of a dwelling.
Adm 92.68(7)(d)1.1. An agency shall make one replacement payment when there are 2 or more families occupying a dwelling, except when there is no comparable dwelling available. A replacement payment shall be paid to each family when a comparable is not available. The payments shall be based on housing comparable to that occupied by each family plus space shared by other persons. The acquisition price or rent used for payment computations shall be the amount each person receives from the total property acquisition payment, or when tenants, the amount each pays toward the total rent.
Adm 92.68(7)(d)2. 2. Two or more individuals who occupy a dwelling unit, shall be considered as one person for a replacement payment. An agency shall pay individuals a pro rata share of one payment, based on a comparable dwelling, regardless of whether the individuals relocate together or separately, except that payment shall be made to persons moving to decent, safe and sanitary housing.
Adm 92.68(7)(e) (e) Joint residential and business use.
Adm 92.68(7)(e)1.1. An agency shall make a replacement housing payment to a person displaced from a dwelling separately from a payment required for a business or farm on the same property.
Adm 92.68(7)(e)2. 2. An agency shall compute a replacement housing payment for a person who occupied one unit of a multi-family or a mixed-use property provided:
Adm 92.68(7)(e)2.a. a. The comparable property shall be the same as a property acquired. For example, a comparable shall be a triplex when the acquired property is a triplex. Dwellings of the next lower density shall be used when there is no comparable. A single-family dwelling shall be used as the comparable for a person's dwelling when there are no comparable multi-family or mixed-use dwellings;
Adm 92.68(7)(e)2.b. b. The carve-out value of the dwelling shall be used for a replacement housing determination, not the market value of an entire property. A replacement housing payment is the difference, if any, between the value of the acquired dwelling unit and the value of a comparable dwelling unit in the most comparable property.
Adm 92.68(8) (8)Nonprofit organization. A nonprofit organization or a religious society which meets the eligibility requirements applicable for a residential tenant or owner shall be eligible for a replacement housing payment under this subchapter. A nonprofit organization or religious society eligible for and claiming a replacement business payment under this subchapter may not receive a payment under subch. VI.
Adm 92.68(9) (9)Payment amount. A differential payment, an increased interest payment and an incidental expense payment may not exceed $25,000 for a 180-day owner-occupant, and a rent differential or downpayment may not exceed $8,000 for a 90-day occupant, except for the following:
Adm 92.68(9)(a) (a) An agency may exceed the amounts in sub. (9) if necessary to obtain a comparable replacement dwelling;
Adm 92.68(9)(b) (b) An agency may provide assistance in addition to that required in sub. (9) if a comparable dwelling is unavailable within a person's financial means. The additional assistance may include one or more of the following methods:
Adm 92.68(9)(b)1. 1. A replacement payment in excess of the amounts in sub. (9);
Adm 92.68(9)(b)2. 2. An offer of government assisted housing which is available and adequate for the needs of the displaced person;
Adm 92.68(9)(b)3. 3. Rehabilitation of or addition to an existing dwelling;
Adm 92.68(9)(b)4. 4. Provision of a direct loan requiring regular amortization or a deferred repayment;
Adm 92.68(9)(b)5. 5. Relocation and rehabilitation of a dwelling;
Adm 92.68(9)(b)6. 6. Purchase of land or a replacement dwelling by the displacing agency with subsequent sale or lease back to, or exchange with, a displaced person;
Adm 92.68(9)(b)7. 7. Construction of a new dwelling.
Adm 92.68(9)(b)8. 8. Change in occupancy status of the displaced person from tenant to homeowner when it is more cost effective to do so.
Adm 92.68(9)(c) (c) An agency may limit payment to the amount necessary to relocate to a comparable replacement within one year from the date the person is paid for the displacement dwelling, or one year from the date the person is initially offered a comparable replacement dwelling and advised of replacement payment entitlements, whichever is later.
Adm 92.68 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; renum. (1) to be (1) (a) and am., cr. (1) (b), (9) (b) 8. and (c), am. (3), Register, November, 1989, No. 407, eff. 12-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; am. (9) (b) (intro.), Register, March, 1997, No. 495, eff. 4-1-97; correction in (2), (3), (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.70 Adm 92.70 180-day owner who purchases. An agency shall pay an owner-occupant of a dwelling who purchases a replacement, a payment for the differential cost to purchase a comparable dwelling, for the loss of favorable financing on an existing mortgage or land contract in financing a replacement dwelling, and for expense incidental to the purchase. A payment shall be determined as follows:
Adm 92.70(1) (1)Eligibility requirements. A displaced person shall be eligible for a payment when the person:
Adm 92.70(1)(a) (a) Owns and occupies the property for not less than 180 days immediately before the date of initiation of negotiations for the acquisition of the property, or the date of vacation when given a notice of intent to acquire, whichever is earlier;
Adm 92.70(1)(b) (b) Purchases and occupies a decent, safe and sanitary replacement dwelling within one year from the date the owner received final payment for the acquired property or the date the owner vacates the acquired property, or an extended date established by the agency for good cause, whichever is later. For the purpose of this section a replacement dwelling is purchased when a person:
Adm 92.70(1)(b)1. 1. Acquires an existing dwelling;
Adm 92.70(1)(b)2. 2. Relocates or rehabilitates a dwelling owned or acquired;
Adm 92.70(1)(b)3. 3. Purchases a life estate in a retirement facility;
Adm 92.70 Note Note: The cost shall be the entrance fee plus the present worth of a monetary commitment in a retirement facility to the facility, but may not include a periodic service charge;
Adm 92.70(1)(b)4. 4. Contracts to build or builds a new decent, safe and sanitary dwelling on a site owned or acquired.
Adm 92.70 Note Note: Construction cost, including the value of labor furnished by a displaced person, shall be limited to that cost necessary to purchase a comparable dwelling.
Adm 92.70(2) (2)Differential amount payable. A differential amount payable is an amount, if any, when added to the acquisition payment for an acquired dwelling, equals an amount a person pays for a replacement, or an amount determined by an agency as necessary to purchase a comparable replacement, whichever is less. A replacement payment shall include the cost to modify a property to meet comparable standards or code requirements.
Adm 92.70(3) (3)Selection and cost of comparable and actual replacements. An agency shall determine the cost of a comparable replacement by analyzing 3 or more comparable replacement dwellings, and selecting the one that is the most comparable. Fewer may be analyzed if 3 are not available.
Adm 92.70(3)(a) (a) An agency may adjust the asking price of the selected comparable if considered justified on the basis of local market conditions. The agency's relocation plan shall specify if adjustments will be made for the project, the basis for this determination and the method of adjustment to be used.
Adm 92.70(3)(b) (b) The cost of physical changes or improvements necessary to meet comparable standards in the selected comparable or the actual replacement shall be included in the maximum replacement payment.
Adm 92.70(3)(c) (c) An agency shall select comparable dwellings from the neighborhood of a displaced person provided the area is not designated for governmental acquisition and displacement, or subject to adverse environmental conditions.
Adm 92.70(3)(d) (d) An agency shall select comparable dwellings from adjacent or nearby neighborhoods in ascending order of cost when there are no comparable dwellings in the neighborhood of a displaced person.
Adm 92.70(3)(e) (e) An agency, to promote racially integrated housing, may select comparable dwellings from an adjacent or nearby neighborhood having less concentrated racial composition, when desired by a displaced minority person.
Adm 92.70(3)(f) (f) The selected comparable shall be equal to or better than the acquired property and a payment shall be based on new construction when there is no comparable dwelling available.
Adm 92.70(4) (4)Revision to selected comparable amount. An agency, upon request of a displaced person, shall offer a comparable dwelling within the maximum differential amount determined. Another comparable study shall be made to determine a new replacement payment when there is no comparable dwelling available except the new replacement payment may not be less than the original payment.
Adm 92.70(5) (5)Increased interest payment.
Adm 92.70(5)(a)(a) General. An agency shall pay a displaced person for the increased interest expense and other debt service costs incurred in financing the purchase of a comparable replacement dwelling, if:
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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.