Wisconsin Legislature: Adm 92.01(32m)

(19) “Farm operation” means an activity conducted mainly for the production of one or more agricultural products or commodities, or timber, for sale or home use, and customarily producing these in sufficient quantity to contribute materially to a person’s support.

(20) “Financial means” means the standard for determining if a dwelling is affordable. A replacement or comparable dwelling is within a person’s financial means when, as an owner, the monthly housing costs, including payments for mortgage, insurance, utilities and property taxes, or, as a tenant, monthly rent including comparable utility costs, minus any replacement housing payment available to a person under this chapter, does not exceed 30% of average monthly income. In lieu of the 30% of income standard in this subsection, a comparable dwelling may also be considered to be within a person’s financial means if:

(a) Owner-occupant. The acquisition price of the comparable replacement dwelling does not exceed the sum of the payment for the acquired dwelling and the comparable replacement housing payment available under this chapter.

(b) Tenant-occupant. The monthly rent of the comparable replacement does not exceed the monthly rent at the displacement dwelling, after taking into account any rental assistance payment available under this chapter.

(21) “Initiation of negotiations” means:

(a) In acquisition projects, the date a displacing agency, or its representative, initially contacts an owner of real property, or the owner’s representative and makes a written monetary offer to purchase the property; or

(b) In rehabilitation, code enforcement or related non-acquisition projects, the date a displacing agency makes its initial funding or other commitment to the project which may cause the displacement of an occupant, or the date a person receives actual or constructive notice that the person will be displaced, whichever is earlier, unless a different action or date is specified in applicable federal program regulations.

Note: Initiation of negotiations does not generally include a situation where the agency obtains only a first right of refusal to acquire that does not also include a monetary offer or establishment of a purchase price and where the agency is not otherwise committed to the acquisition of the property.

1. Entering into a lease, including a lease with an option to purchase.

2. Responding to an offer to sell property and negotiating for the purchase of the property, when the offer does not involve the involuntary displacement of any occupant of the property and the agency is not implementing a project to acquire the property.

3. Obtaining a right of first refusal to acquire that does not also include a monetary offer or establishment of a purchase price and does not otherwise commit the agency to the acquisition of the property.

(22) “Mortgage” means a lien given to secure an advance for the unpaid purchase price of real property, together with a credit instrument secured thereby.

(23) “Moving expense-actual” means an actual and reasonable expense necessary to move a person and personal property including charges by public utilities for starting service, storage of property up to 12 months, and necessary temporary lodging and transportation.

(24) “Moving expense-fixed payment” means an alternate payment for moving. A payment for an occupant of a dwelling is based on a room schedule plus a dislocation allowance. A fixed payment for a business or farm operation is based on average annual net earnings and may not be less than $1,000 nor more than $20,000.

(25) “Nonprofit organization” means a corporation, partnership, individual or other public or private entity, engaged in a legal business, professional or instructional activity on a nonprofit basis and having fixtures, equipment, stock in trade or other tangible property on the premises and established as a nonprofit organization under federal or state law.

(26) “Owner” means a person who has an interest in a dwelling or real property to be acquired by a displacing agency in the form of the following:

(a) A fee title or life estate;

(b) An interest in cooperative housing including a right to occupy a dwelling;

(d) A mobile home on a permanent foundation, or a mobile home which is not decent, safe and sanitary, and cannot be moved without substantial damage or unreasonable cost or there are no replacement sites to where it can be moved;

(e) An interest other than under this subsection which is considered ownership by an agency or the department;

(f) Has succeeded to any of the interests under this subsection by devise, bequest, inheritance or operation of law, except the tenure of ownership, not occupancy, of a succeeding owner shall include the tenure of a preceding owner.

(27) “Owner-occupant, residential”, means a person, who is the owner of a property being acquired and occupies a dwelling on the property as a primary residence.

(28) “Owner-occupant, business”, means a person who is an owner of a property being acquired, and is also the owner and operator of a business or farm operation which was conducted on the property for at least one year before initiation of negotiations to purchase the property or the date of vacation when given a notice of intent to acquire, whichever is earlier.

(29) “Person” means an individual, family, partnership, corporation, association, business or farm operation, or non profit organization under this chapter. Two or more persons who are tenants of the same dwelling shall be treated as one person.

(30) “Personal property” means tangible property located on real property but not acquired by an agency.

(31) “Prepaid expense” means an item paid in advance by a seller of real property and prorated between a seller and buyer at the time of closing on a property including property tax, insurance, assessment, fuel and utilities, and others.

(32) “Primary residence” means a dwelling occupied as a customary and usual place of residence but not a vacation dwelling. It is occupied by a person for a substantial period of time before initiation of negotiations. It is evidenced by place of voter registration, address on a tax return, mailing address, rent receipt, proximity to work, school, utility and phone bill or other evidence acceptable to an agency.

(32m) “Public financial assistance” means direct funding received from a public entity. An authority which uses its own funds for a project is not receiving “public financial assistance.”

(33)

(a) “Public project” means, in addition to a project being carried out directly by a public entity, an activity or program directly receiving public financial assistance including a grant, loan or contribution. Unless otherwise covered under federal relocation regulations, such assistance must be at least $25,000 in a project having total costs of less than $50,000 or at least 50% in a project having total costs of $50,000 or more, and involve one or more of the following activities:

1. Real property acquisition;

2. Housing or commercial rehabilitation or conversion;

3. Demolition within a designated redevelopment or blight removal area established by formal local government action on or after April 2, 1989; or

4. Another related public construction or improvement project receiving federal financial assistance covered under federal relocation regulation.

(b) “Public project” does not include, among others:

1. Any public guarantee or insurance;

2. Any interest reduction payment or loan to an individual in connection with the purchase and occupancy of a property by the individual.

3. Acquisition of property under tax foreclosure proceedings, provided a tenant-occupant is not displaced for a public project related to the acquisition;

4. Direct acquisition by a federal agency carrying out a federal program or project;

5. Demolition activity accomplished on a random basis if there is no planned public project for the property affected; or

6. A private project which is able to proceed as a result of governmental zoning changes, variances or related actions.

(34) “Real property” means land and improvements on and to the land, estates in land, and fixtures or other personal property directly connected with the land.

(35) “Relocation payment” means a payment under this chapter, including actual moving expense, a fixed payment in lieu of actual moving expense, purchase, rental and interest differential payment, down payment assistance, and cost incidental to a purchase of replacement property. An agency may pay more than the minimum amounts under this chapter, provided the payments are uniform.

(36) “Relocation plan” means a document prepared by an agency and submitted to and approved by the department before any property acquisition activity begins. A plan describes the relocation assistance and payments to be provided, and indicates whether displaced persons can be satisfactorily relocated.

(37) “Searching expense payment” means a payment to a displaced business or farm operation, to compensate for actual and reasonable expense in locating a replacement business or farm operation.

(38) “Selected comparable” means a comparable dwelling, business or farm operation selected by an agency from one or more comparable properties as the most comparable for computing a replacement differential payment.

(39) “Tenant” means a person who occupies real property and has not been, or could not otherwise be dispossessed, except pursuant to the procedures under chs. 704 and 799, Stats.

(40) “Tenant-occupant, residential”, means a person who is the tenant of a displacement dwelling and occupies the dwelling as a primary residence.

(41) “Tenant-occupant, business”, means, for the purposes of subch. VI, a person who is a tenant-owner and operator of a business or farm operation which was conducted on the property for at least one year before initiation of negotiations or the date of vacation when given a notice of displacement from the agency, whichever is earlier.

(42) “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.

(43) “Utility charge” means an average monthly cost for space and water heating, lighting, water and sewer, and trash removal, but not telephone service.

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.

Adm 92.04 Decent, safe, and sanitary housing.

(1) Purpose. 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) Water. A dwelling shall have a continuing and adequate supply of water suitable for drinking.

(b) Kitchen. A dwelling shall have a room or portion of a room where food is normally prepared and cooked and is equipped with:

1. 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.

2. 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.

3. Sufficient space and utility service connections for installation of a stove and refrigerator.

(c) Heating system. 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.

(d) Bathroom facility. A dwelling shall contain the following:

1. A private, nonhabitable room with a properly working flush toilet connected to a water system with sufficient water, and to an approved sewer system.

2. 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.

3. 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.

(e) Electric service. 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:

1. A habitable room shall have a minimum of 2 floor or wall outlets.

2. 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.

3. Light switches in a room or passage shall be conveniently located to light the area ahead.

4. Public halls and stairways in a multiple dwelling shall be adequately lighted at all times.

(f) Structurally sound.

1. 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.

2. A dwelling, multiple dwelling, rooming house, other building or accessory structure and premises shall be maintained to prevent and eliminate rodents.

3. 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.

4. Plumbing fixtures and water pipes shall be properly installed and maintained in a good, sanitary working condition.

5. Toilet room, bathroom and kitchen floor surfaces shall be impervious to water to permit maintenance of a clean and sanitary condition.

6. 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.

(g) Light and ventilation.

1. 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.

2. 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.

(h) 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.

(hm) Alternate means of escape. A second means of escape shall be either:

1. A door or stairway providing a means of unobstructed travel to the outside at street or ground level, or

2. 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.

a. Exception no. 1. A second means of escape shall not be required when the room has a door leading directly outside to grade.

b. Exception no. 2. A second means of escape shall not be required when a building is protected throughout by an approved automatic sprinkler system.

c. 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.