Chapter Adm 92

Adm 92.01(30) (30) “Personal property” means tangible property located on real property but not acquired by an agency.

Adm 92.01(31) (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.

Adm 92.01(32) (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.

Adm 92.01(32m) (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.” 

Adm 92.01(33) (33) 

Adm 92.01(33)(a) (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:

Adm 92.01(33)(a)1. 1. Real property acquisition;

Adm 92.01(33)(a)2. 2. Housing or commercial rehabilitation or conversion;

Adm 92.01(33)(a)3. 3. Demolition within a designated redevelopment or blight removal area established by formal local government action on or after April 2, 1989; or

Adm 92.01(33)(a)4. 4. Another related public construction or improvement project receiving federal financial assistance covered under federal relocation regulation.

Adm 92.01(33)(b) (b) “Public project” does not include, among others:

Adm 92.01(33)(b)1. 1. Any public guarantee or insurance;

Adm 92.01(33)(b)2. 2. Any interest reduction payment or loan to an individual in connection with the purchase and occupancy of a property by the individual.

Adm 92.01(33)(b)3. 3. Acquisition of property under tax foreclosure proceedings, provided a tenant-occupant is not displaced for a public project related to the acquisition;

Adm 92.01(33)(b)4. 4. Direct acquisition by a federal agency carrying out a federal program or project;

Adm 92.01(33)(b)5. 5. Demolition activity accomplished on a random basis if there is no planned public project for the property affected; or

Adm 92.01(33)(b)6. 6. A private project which is able to proceed as a result of governmental zoning changes, variances or related actions.

Adm 92.01(34) (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.

Adm 92.01(35) (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.

Adm 92.01(36) (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.

Adm 92.01(37) (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.

Adm 92.01(38) (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.

Adm 92.01(39) (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.

Adm 92.01(40) (40) “Tenant-occupant, residential”, means a person who is the tenant of a displacement dwelling and occupies the dwelling as a primary residence.

Adm 92.01(41) (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.

Adm 92.01(42) (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.

Adm 92.01(43) (43) “Utility charge” means an average monthly cost for space and water heating, lighting, water and sewer, and trash removal, but not telephone service.

Adm 92.01 History 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 Adm 92.04 Decent, safe, and sanitary housing.

Adm 92.04(1) (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.

Adm 92.04(2) (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:

Adm 92.04(2)(a) (a) Water. A dwelling shall have a continuing and adequate supply of water suitable for drinking.

Adm 92.04(2)(b) (b) Kitchen. A dwelling shall have a room or portion of a room where food is normally prepared and cooked and is equipped with:

Adm 92.04(2)(b)1. 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.

Adm 92.04(2)(b)2. 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.

Adm 92.04(2)(b)3. 3. Sufficient space and utility service connections for installation of a stove and refrigerator.

Adm 92.04(2)(c) (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.

Adm 92.04(2)(d) (d) Bathroom facility. A dwelling shall contain the following:

Adm 92.04(2)(d)1. 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.

Adm 92.04(2)(d)2. 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.

Adm 92.04(2)(d)3. 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.

Adm 92.04(2)(e) (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:

Adm 92.04(2)(e)1. 1. A habitable room shall have a minimum of 2 floor or wall outlets.

Adm 92.04(2)(e)2. 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.

Adm 92.04(2)(e)3. 3. Light switches in a room or passage shall be conveniently located to light the area ahead.

Adm 92.04(2)(e)4. 4. Public halls and stairways in a multiple dwelling shall be adequately lighted at all times.

Adm 92.04(2)(f) (f) Structurally sound.

Adm 92.04(2)(f)1. 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.

Adm 92.04(2)(f)2. 2. A dwelling, multiple dwelling, rooming house, other building or accessory structure and premises shall be maintained to prevent and eliminate rodents.

Adm 92.04(2)(f)3. 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.

Adm 92.04(2)(f)4. 4. Plumbing fixtures and water pipes shall be properly installed and maintained in a good, sanitary working condition.

Adm 92.04(2)(f)5. 5. Toilet room, bathroom and kitchen floor surfaces shall be impervious to water to permit maintenance of a clean and sanitary condition.

Adm 92.04(2)(f)6. 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.

Adm 92.04(2)(g) (g) Light and ventilation.

Adm 92.04(2)(g)1. 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.

Adm 92.04(2)(g)2. 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.

Adm 92.04(2)(h) (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.

Adm 92.04(2)(hm) (hm) Alternate means of escape. A second means of escape shall be either:

Adm 92.04(2)(hm)1. 1. A door or stairway providing a means of unobstructed travel to the outside at street or ground level, or

Adm 92.04(2)(hm)2. 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.

Adm 92.04(2)(hm)2.a. a. Exception no. 1. A second means of escape shall not be required when the room has a door leading directly outside to grade.

Adm 92.04(2)(hm)2.b. 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.

Adm 92.04(2)(hm)2.c. 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.

Adm 92.04(2)(ht) (ht) Prohibited path. A required path of travel to the outside from a room may not be through another room or apartment not under the immediate control of the occupant of the first room, nor through a bathroom or other space subject to locking.

Adm 92.04(2)(i) (i) Habitable floor space. A dwelling unit shall have at least 150 square feet of habitable floor space for the first occupant and at least 100 square feet, 70 square feet for a mobile home, for each additional occupant. In addition:

Adm 92.04(2)(i)1. 1. The floor space shall be divided into rooms and bedrooms to be adequate for a displaced person. No more than 2 persons may occupy a bedroom of less than 100 square feet. Children of opposite sex over age 7 may not be required to share a bedroom;

Adm 92.04(2)(i)2. 2. The ceiling height of any habitable room shall be at least 7 feet, except that in a habitable room with a sloping ceiling at least one half of the floor area shall have a ceiling height of at least 7 feet. The floor area of the room may not include that part of a room where the ceiling height is less than 5 feet;

Adm 92.04(2)(i)3. 3. Space located below grade may not be used as a habitable room unless:

Adm 92.04(2)(i)3.a. a. The floor and the walls below grade are waterproof and dampproof;

Adm 92.04(2)(i)3.b. b. The minimum window area shall be equal to that under par. (g) 1. and shall be within properly drained window wells when located below grade;

Adm 92.04(2)(i)3.c. c. The total openable window area shall be at least equal to that as specified under par. (hm) 2., except when there is adequate ventilation and humidity control.

Adm 92.04(2)(j) (j) Barrier-free. A dwelling and access to the dwelling shall be free of barriers for a person or family member with a physical disability.

Adm 92.04(2)(k) (k) Premises. A dwelling site shall be graded, well drained and maintained in a clean, sanitary and safe condition, and located in an area not subject to adverse environmental conditions as determined by the agency.

Adm 92.04(3) (3) Sleeping room. The requirements for a sleeping room shall be as specified under sub. (2) (a), (c), (e), (f), (g), (h), (hm), (ht), (j), (k), and have the following:

Adm 92.04(3)(a) (a) At least 100 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for each additional occupant;

Adm 92.04(3)(b) (b) Access to a private lavatory, bath and toilet facility.

Adm 92.04(4) (4) Inspection. An agency shall promptly inspect a replacement dwelling to ascertain whether it meets the requirements of this section.

Adm 92.04(5) (5) Habitable room. A habitable room is a room used for sleeping, living, or dining, but excludes closets, kitchens, pantries, bath or toilet rooms, service rooms, hallways, stairways, laundries, storage spaces, cellars, utility rooms, and similar spaces.

Adm 92.04 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; corrections made under s. 13.93 (2m) (b) 1. and 7., Stats., Register, April, 1996, No. 484; CR 21-110: am. (2) (j) Register June 2022 No. 798, eff. 7-1-22.

Adm 92.06 Adm 92.06 Written notice and information. An agency shall as a minimum, provide displaced persons and property owners with notices and relocation information as specified in this section.

Adm 92.06(1) (1) Information at public hearing. An agency shall provide the following general information if a public hearing is held for a project which may involve land acquisition and displacement of a person;

Adm 92.06(1)(a) (a) A general description of the relocation services and payments;

Adm 92.06(1)(b) (b) A statement that an agency shall prepare a relocation plan for approval by the department before acquisition and that persons to be affected shall be contacted to obtain information to prepare the plan;

Adm 92.06(1)(c) (c) Identification of project boundaries and an estimate of the number of residential and nonresidential properties to be acquired;

Adm 92.06(1)(d) (d) A statement that a person who moves prematurely may jeopardize relocation entitlements and that sufficient time to relocate will be provided;

Adm 92.06(1)(e) (e) The name, address and telephone number of an agency representative available for further information on acquisition and relocation assistance matters.

Adm 92.06(2) (2) Written information at initial contact. An agency, except an agency without eminent domain power undertaking a project where such power does not exist, shall provide written notice at the time of initial contact to obtain information necessary for preparation of a relocation plan:

Adm 92.06(2)(a) (a) An owner of rental property shall receive a statement which describes the nature of the proposed project, informs an owner that tenants are being contacted to obtain information to prepare the plan, cautions the owner against eviction of tenants before acquisition, explains that tenants are being advised not to move prematurely, and that in the event tenants move before acquisition, an owner may qualify for a rent loss payment.

Adm 92.06(2)(b) (b) A tenant or an owner-occupant of a property shall receive a statement which describes the nature of a proposed project, warns against a premature move which may jeopardize relocation entitlements, indicates the date acquisition is expected to begin, summarizes the relocation assistance and benefits available, and gives the name, address and phone number of an agency representative to contact.