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Adm 92.78(4)(b) (b) Determine rent of a comparable dwelling. The agency shall determine the rent of a comparable dwelling using the selection procedures specified under s. Adm 92.70 (3) and (4).
Adm 92.78(5) (5)Comparability of rent factors. Rental cost factors such as utilities, furnishings, parking and others, shall be the same for the acquired dwelling and the comparable or replacement dwelling. However, rental factors in the comparable property which must be paid by the displaced person shall be included in the payment regardless of whether or not they existed in the acquired dwelling.
Adm 92.78(6) (6)Change of occupancy. A person who, after moving to a decent, safe and sanitary dwelling, moves to a higher rent dwelling within one year, may be eligible for an amount in excess of the original claim but not to exceed the amount necessary to rent a comparable replacement dwelling.
Adm 92.78 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (intro.) (1) (a) and (b), (2) and (4) (intro.), cr. (4) (a) 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; correction in (intro.), (3), (4) (a) 3., (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.80 Adm 92.80 90-day tenant who purchases.
Adm 92.80(1) (1) General. An agency shall pay a tenant occupant of a dwelling who purchases a replacement and who is eligible under s. Adm 92.78 (1) (a), a payment not to exceed $8,000 for a downpayment on the purchase of a comparable replacement dwelling plus incidental expenses under s. Adm 92.70 (6).
Adm 92.80(2) (2)Computation of payment. The payment shall be computed as specified under s. Adm 92.74.
Adm 92.80 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1), Register, November, 1989, No. 407, eff. 12-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.82 Adm 92.82 Mobile home — general. A person who is a tenant or an owner of a mobile home shall meet the same eligibility requirements and is entitled to the same replacement payment provisions applicable for a person displaced from a conventional dwelling, except as specified under this section. The ownership or tenancy of the mobile home, not the land on which it is located shall determine a person's status as an owner or tenant occupant. The length of ownership and occupancy of the mobile home in a mobile home park, or on the site, determines a person's status as an 180-day owner or a 90-day owner or tenant.
Adm 92.82(1) (1)Permanent foundation. An agency shall treat a person who owns and occupies a mobile home on a permanent foundation the same as a person displaced from a conventional dwelling, except the selected comparable shall be a mobile home and site.
Adm 92.82(2) (2)Non-permanent foundation.
Adm 92.82(2)(a)(a) An agency shall treat a person who owns and occupies a mobile home not on a permanent foundation on land a person owns or rents, the same as a person displaced from a conventional dwelling, provided one of the following conditions exist:
Adm 92.82(2)(a)1. 1. The mobile home is not decent, safe and sanitary as specified under s. Adm 92.04;
Adm 92.82(2)(a)2. 2. The mobile home, because of its condition, cannot be moved without substantial damage or cost;
Adm 92.82(2)(a)3. 3. There is no adequate or available site to move the mobile home.
Adm 92.82(2)(b) (b) The acquisition price for the purpose of computing a replacement housing payment shall be the trade-in or salvage value of the mobile home, when the mobile home is not acquired by the agency.
Adm 92.82(3) (3)Combined purchase and site rental payment. An agency shall pay a person who owns and occupies a mobile home and rents the site, a payment for the increased cost to rent a comparable mobile home site or the necessary downpayment on the purchase of a comparable mobile home site, in addition to the amount necessary to purchase a comparable mobile home as specified under this chapter.
Adm 92.82(4) (4)Mobile home park fee. An agency shall include a fee in the replacement or rental assistance payment, when a person is required to pay a fee to enter a mobile home park provided the fee is legally permitted and is not returnable to a person.
Adm 92.82(5) (5)Partial acquisition of mobile home park. A person occupying a mobile home who is required to move from the mobile home park as a result of partial acquisition and displacement of the park operator, shall be a displaced person under this section.
Adm 92.82(6) (6)Comparable based on conventional housing. A replacement payment shall be based on a conventionally built comparable dwelling when there is no comparable mobile home available.
Adm 92.82 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; correction in (2) (a) 1., made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (2) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.84 Adm 92.84 180-day mobile home owner.
Adm 92.84(1) (1) General. An agency shall pay a person who has owned and occupied a mobile home for not less than 180 days for the following:
Adm 92.84(1)(a) (a) A differential amount to purchase a replacement as specified under this section and s. Adm 92.70 (1), (2), (3), and (4);
Adm 92.84(1)(b) (b) An increased interest payment on an existing mortgage or land contract as specified under s. Adm 92.70 (5);
Adm 92.84(1)(c) (c) An incidental expense payment as specified under s. Adm 92.70 (6);
Adm 92.84(1)(d) (d) A rental assistance payment as specified under this section and s. Adm 92.72;
Adm 92.84(2) (2)Acquisition of mobile home and site.
Adm 92.84(2)(a)(a) An agency shall pay a person an amount, if any, when added to the payment for the acquired mobile home and site, equals an amount a person pays for a replacement, or an amount determined by an agency as necessary to purchase a comparable mobile home and site, whichever is less.
Adm 92.84(2)(b) (b) An agency shall pay a person who rents a replacement mobile home and site, a rental assistance payment as specified under s. Adm 92.72. The monthly rent for a replacement computation shall be the economic rent for the acquired mobile home and site.
Adm 92.84(3) (3)Acquisition of site only.
Adm 92.84(3)(a)(a) An agency shall pay a person, when only the site is acquired and the mobile home is moved, an amount, if any, when added to the payment for the site, equals the amount a person pays for a replacement site or an amount determined by an agency as necessary to purchase a comparable site, whichever is less.
Adm 92.84(3)(b) (b) An agency shall pay a person who rents a replacement site, a rental assistance payment as specified under s. Adm 92.72. The economic rent for the site being acquired shall be used to compute the payment.
Adm 92.84(4) (4)Acquisition of mobile home only — owner rents site.
Adm 92.84(4)(a)(a) An agency shall pay a person who owns and occupies a mobile home but rents the site, a replacement housing payment when only the mobile home is acquired. Payment shall be the amount, if any, when added to the payment for the mobile home, equals the lesser of the following:
Adm 92.84(4)(a)1. 1. The amount a person pays for a replacement dwelling and site;
Adm 92.84(4)(a)2. 2. The amount determined by an agency as necessary to purchase a comparable dwelling plus the difference, if any, between the rent for the acquired site and the replacement rent, or an amount necessary to rent a comparable mobile home site, whichever is less, for 48 months.
Adm 92.84(4)(b) (b) An agency shall pay a displaced person who purchases a replacement site, a downpayment assistance payment as specified under s. Adm 92.74.
Adm 92.84(4)(c) (c) An agency shall pay a person who rents a replacement mobile home and site, a payment as specified under s. Adm 92.78, except the base rent shall be the economic rent of the mobile home and the actual rent of the site.
Adm 92.84(5) (5)Acquisition of rented site only — mobile home not acquired.
Adm 92.84(5)(a)(a) An agency shall pay a person who owns and occupies a mobile home to be moved from a rented site, a payment not to exceed $8,000, for the difference, for 48 months, if any, between rent for the acquired site and the monthly rent for a comparable site, or the rent for a replacement site, whichever is less; or
Adm 92.84(5)(b) (b) An agency shall make a downpayment assistance payment as specified under s. Adm 92.74, to a person who purchases a replacement site.
Adm 92.84 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (1) (a), (b), (c), (d), (2) (b), (3) (b), (4) (b), (c), (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.86 Adm 92.86 90-day mobile home owner.
Adm 92.86(1) (1) General. An agency shall pay a person who has owned and occupied a mobile home for at least 90 days but less than 180 days, for the following:
Adm 92.86(1)(a) (a) A rental assistance payment as specified under this section and s. Adm 92.78;
Adm 92.86(1)(b) (b) A downpayment assistance payment as specified under s. Adm 92.74;
Adm 92.86(2) (2)Acquisition of mobile home and site.
Adm 92.86(2)(a)(a) An agency shall pay a person who purchases a replacement dwelling, a payment as specified under s. Adm 92.74. The amount shall be limited to that necessary to purchase a comparable mobile home and site.
Adm 92.86(2)(b) (b) An agency shall pay a person who rents a replacement mobile home and site, a payment as specified under s. Adm 92.78. The economic rent for the mobile home and site shall be used for the computation.
Adm 92.86(3) (3)Acquisition of site only.
Adm 92.86(3)(a)(a) An agency shall pay a person who purchases a replacement site a downpayment assistance payment as specified under s. Adm 92.74 except the payment shall be limited to an amount necessary to purchase a comparable replacement site.
Adm 92.86(3)(b) (b) An agency shall pay a person who rents a replacement site, a payment as specified under s. Adm 92.78 except the payment shall be limited to an amount necessary to rent a comparable replacement site.
Adm 92.86(4) (4)Acquisition of mobile home only — owner rents site.
Adm 92.86(4)(a)(a) An agency shall pay a person who owns and occupies the mobile home but rents the site, a downpayment assistance payment under s. Adm 92.74 except the payment shall be limited to the amount necessary to purchase a comparable mobile home, plus the difference, if any, between the monthly rent for the acquired site and the actual replacement rent, or the amount needed to rent a comparable site, whichever is less, for 48 months.
Adm 92.86(4)(b) (b) An agency shall pay a person who rents a replacement mobile home, a payment as specified under s. Adm 92.78, except the base rent shall be the economic rent of the acquired mobile home.
Adm 92.86 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (1) (a), (b), (2) (a), (b), (3) (a), (b), (4) (a), (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.88 Adm 92.88 90-day mobile home tenant. An agency shall pay a person who is a tenant of a mobile home for not less than 90 days, a replacement payment as follows:
Adm 92.88(1) (1) A rental assistance under s. Adm 92.78; or
Adm 92.88(2) (2) A downpayment assistance under s. Adm 92.80.
Adm 92.88 History History: Cr. Register, March, 1968, No. 363, eff. 4-1-86; corrections made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, April, 1996, No. 484; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
subch. VI of ch. Adm 92 Subchapter VI — Replacement Business and Farm Payment
Adm 92.90 Adm 92.90 General. This section describes the general requirements for a replacement payment to a displaced person who is a tenant-occupant or an owner-occupant of a business, farm operation, or nonprofit organization. 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 payment for each displacement, not to exceed $30,000 for a tenant-occupant or $50,000 for an owner-occupant.
Adm 92.90(1) (1)Eligibility requirements. An agency shall make a replacement payment to a displaced business or farm operation provided:
Adm 92.90(1)(a) (a) The property is subsequently acquired, a tenant is affected by displacement, or a notice to vacate is issued;
Adm 92.90(1)(b) (b) The person owns and occupies a business or farm conducted on the real property acquired or affected by displacement, for not less than one year before initiation of negotiations.
Adm 92.90(1)(c) (c) The person purchases or rents a replacement business or farm operation within 2 years of the date the person vacates or receives final payment for the acquired property, whichever is later.
Adm 92.90(1)(d) (d) For the purpose of this section, a replacement business or farm property is purchased when a person:
Adm 92.90(1)(d)1. 1. Acquires an existing property as a replacement for the business or farm operation;
Adm 92.90(1)(d)2. 2. Relocates or rehabilitates a property owned or acquired.
Adm 92.90 Note Note: The cost to achieve comparable standards and to correct code deficiencies shall be included in the actual cost of purchasing a replacement property when it is not comparable or in code compliance.
Adm 92.90(1)(d)3. 3. Contracts to, or constructs a building or structure for a new business or farm operation on a site owned or acquired.
Adm 92.90 Note Note: The cost of construction shall be limited to that necessary to construct a comparable replacement. The cost shall include the value of the land at the time it was acquired. The cost of constructing a replacement structure shall include the value of labor furnished by a self-help builder.
Adm 92.90(1)(e) (e) The entire business or farm operation shall be displaced to qualify for a replacement payment. However, a business or farm operation shall be considered eligible for a replacement payment when:
Adm 92.90(1)(e)1. 1. The property remaining after the acquisition is not an economic unit or would result in a significant reduction in net earnings for the same type of business or farm operation, as determined by an agency;
Adm 92.90(1)(e)2. 2. The acquisition substantially changed or interfered with the principal operation or the nature of the business or farm operation so as to constitute a displacement.
Adm 92.90(2) (2)Delayed occupancy for construction and rehabilitation. A person who contracts for the construction or rehabilitation of a replacement building, is considered to have purchased the replacement as of the date of the contract. The replacement payment may be deferred until a final acquisition price is known and relocation is completed provided the agency makes payment into an interest-bearing escrow account for release upon reestablishment of the business or farm operation. An agency may pay a person before reestablishment when there is assurance of reestablishment.
Adm 92.90(3) (3)Prior ownership of a replacement building or land. An agency shall pay a person who is an owner of a replacement building or land upon which a replacement building is constructed and within the time limit under sub. (1), a replacement payment as specified under this subchapter. The fair market value of the land and the building at the time of displacement shall be used as the actual cost in determining the payment.
Adm 92.90(4) (4)Inspection for compliance with federal, state or local code. An agency shall inspect a replacement business or farm operation to determine if it meets federal, state or local codes before making a replacement payment. An agency shall take the following steps before terminating assistance or denying eligibility for a replacement payment because a person moved to a facility which is not in compliance;
Adm 92.90(4)(a) (a) Assist a person to correct a deficiency and when necessary, refer a person to another facility in compliance with applicable codes;
Adm 92.90(4)(b) (b) Notify a person in writing within 10 days of the inspection regarding a deficiency to be corrected to receive payment, and that when the deficiency is corrected by the date as specified under sub. (1), or when a person moves to another facility which is in compliance, the person shall receive payment.
Adm 92.90(5) (5)Statement of eligibility to 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 reestablishment of a replacement property within the applicable time limit.
Adm 92.90(6) (6)Advance payment in condemnation case. An agency shall promptly pay a replacement business or farm payment. An advance payment shall be made when an agency determines the acquisition payment will be delayed because of condemnation proceedings. An agency's 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 92.90(6)(a) (a) The agency shall re-compute the replacement payment using the acquisition amount, set by the court;
Adm 92.90(6)(b) (b) The person shall refund the excess amount from the judgment when the amount awarded as acquisition amount plus the advance payment exceeds the amount paid for a replacement or the agency's determined cost of a comparable replacement. A person is not required to refund more than the advance payment. The payment shall be made after the condemnation proceedings are completed when a person does not sign an affidavit.
Adm 92.90(7) (7)Carve-out and modification of replacement payment computation.
Adm 92.90(7)(a)(a) Complete acquisition.
Adm 92.90(7)(a)1.1. `Typical size lot.' The maximum replacement payment shall be the selling price of a comparable replacement on land typical in size for the business less the price of the acquired building and the site when the acquired business is located on land typical in size for the type of business conducted.
Adm 92.90(7)(a)2. 2. `Larger than typical size lot.' The maximum replacement payment shall be the selling price of a comparable replacement on land typical in size for the business, less the price of the acquired building, plus the price of that portion of the acquired land typical in size for the business being conducted, when the acquired business is located on land larger in size than typical for the type of business conducted.
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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.