Chapter Adm 92

Adm 92.70(5)(e)1. 1. Larger than typical size lot. The interest payment shall be reduced to the percentage ratio that the value of the typical residential portion is to the value of the entire property before acquisition, when a dwelling is located on a lot larger than typical for the area.

Adm 92.70(5)(e)2. 2. Multi-use property. The interest payment on multi-use property shall be reduced to the percentage ratio that the residential value of the multi-use property is to the value of the entire property before acquisition.

Adm 92.70(5)(e)3. 3. Dwelling on land with higher and better use. An agency shall compute an interest payment as specified under par. (b) when a dwelling is located on land where the fair market value is established on a higher and better than residential use, and when the mortgage is based on residential value. The interest payment shall be reduced to the percentage ratio that the estimated residential value of the land is to the value of the entire property before acquisition, when the mortgage is based on the higher use.

Adm 92.70(5)(f) (f) Prompt payment. An agency shall advise a displaced person of the approximate amount of a refinancing payment as soon as the facts relative to a person’s current mortgages are known. If requested by the displaced person, the refinancing payment shall be made available at or near the time of closing on the replacement to permit reduction of the new mortgage amount.

Adm 92.70(6) (6) Incidental expense payment. An agency shall pay a person for actual and reasonable expense incurred incidental to the purchase of a replacement dwelling. The payment shall include the following:

Adm 92.70(6)(a) (a) Legal, closing and related cost including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats and recording fees;

Adm 92.70(6)(b) (b) Lender, appraisal or application fees, and loan origination or assumption fees that do not represent prepaid interest;

Adm 92.70(6)(c) (c) Certification of structural soundness;

Adm 92.70(6)(d) (d) Credit reports;

Adm 92.70(6)(e) (e) Owner or mortgagee title insurance policy or abstract of title;

Adm 92.70(6)(f) (f) Escrow agent fee;

Adm 92.70(6)(g) (g) Other expense approved by an agency.

Adm 92.70 Note Note: The payment may not include a prepaid expense (e.g. taxes, water, fuel) or fee, cost, charge or expense which is part of a debt service or finance charge under 15 USC 1631-1641 and Regulation Z issued pursuant thereto by the board of governors of the federal reserve system.

Adm 92.70(7) (7) Owner-occupant retains dwelling. An owner-occupant may purchase the property back from an agency and move it to another location following receipt of payment for the acquired property, and when not inconsistent with project development. The replacement payment shall be determined as follows:

Adm 92.70(7)(a) (a) Amount payable. The payment shall be the amount, if any, between the acquisition price and the cost to relocate the dwelling. The cost to relocate shall include the purchase-back price, the cost to acquire and develop a new site, or when moved to retained land, the market value of the residential lot, installing utility service, constructing a foundation, moving the dwelling, restoring it to comparable standards and other moving costs.

Adm 92.70(7)(b) (b) Limitation. The differential payment under this subsection may not exceed the amount necessary to purchase a comparable replacement dwelling as specified under sub. (3), plus any increased interest or incidental expense payment due under subs. (5) and (6).

Adm 92.70(8) (8) Replacement payment conversion. An agency shall pay a person as specified under this section. A replacement payment for a prior move to a rental unit shall be deducted from the amount payable under this section. The combined payment may not exceed $25,000, unless a person is eligible for a payment in excess of $25,000 under s. Adm 92.68 (9).

Adm 92.70 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) (b) (intro.), (5) (a) and (b) and (6) (b), r. and recr. (5) (d), cr. (5) (f), Register, November, 1989, No. 407, eff. 12-1-89; correction in (8) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.72 Adm 92.72 180-day owner who rents.

Adm 92.72(1) (1) General. An agency shall pay a person who rents a replacement dwelling, and is eligible for a replacement payment as specified under s. Adm 92.68 (1), a rental assistance payment not to exceed $8,000 for 4 years.

Adm 92.72(2) (2) Computation of payment. The payment shall be computed as specified under s. Adm 92.78, except the economic rent of the acquired dwelling shall be used to compute the payment.

Adm 92.72 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (2), 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 92.74 Adm 92.74 90-day owner or tenant who purchases.

Adm 92.74(1) (1) General. An agency shall pay a person who has occupied a dwelling for not less than 90 days before initiation of negotiations, an amount up to $8,000 for a downpayment on the purchase of a replacement dwelling and reimbursement for expenses incidental to purchase.

Adm 92.74(2) (2) Computation of down payment and incidental cost.

Adm 92.74(2)(a) (a) An agency shall pay a person a downpayment assistance payment equal to a rental assistance payment computed as specified under s. Adm 92.78.

Adm 92.74(2)(b) (b) An amount required to be paid by a person for incidental cost as specified under s. Adm 92.70 (6), shall be added to the amount as specified under par. (a).

Adm 92.74(2)(c) (c) An agency shall pay a person who purchases and occupies a decent, safe and sanitary dwelling within one year after the date the person moves from the dwelling or the date the person receives payment for the acquired property, whichever is later. The agency may extend this period for good cause.

Adm 92.74(3) (3) Limitation.

Adm 92.74(3)(a) (a) An agency may require that the full amount of the downpayment assistance payment be applied to the purchase price of the replacement dwelling or related incidental expenses, except that an agency may pay the downpayment assistance directly to a displaced person upon reasonable assurance that the displaced person will apply the payment toward replacement housing costs.

Adm 92.74(3)(b) (b) A downpayment assistance payment to a 90-day owner may not exceed the amount the owner would have received if eligible under the 180-day occupancy provisions.

Adm 92.74(3)(c) (c) An owner eligible for a payment as a 180-day owner under s. Adm 92.70 is ineligible for a downpayment assistance payment under this section.

Adm 92.74(4) (4) Owner retains dwelling. An agency shall pay a person who retains and moves an acquired dwelling, a replacement payment as specified under s. Adm 92.70 (7), except the amount may not exceed $8,000.

Adm 92.74(5) (5) Replacement payment conversion. An agency shall pay a person as specified under this section. A replacement payment for a prior move to a rental unit shall be deducted from the amount payable under this section. The combined payment may not exceed $8,000, unless a person is eligible for a payment in excess of $8,000 under s. Adm 92.68 (9).

Adm 92.74 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1), (2) (a) and (3), r. (2) (b), renum. (2) (c) and (d) to be (2) (b) and (c) and am., 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 (2) (a), (b), (3) (c), (4), (5) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.76 Adm 92.76 90-day owner who rents.

Adm 92.76(1) (1) General. An agency shall pay a person who has occupied a dwelling for not less than 90 days before initiation of negotiations, a rental assistance payment not to exceed $8,000 for 4 years.

Adm 92.76(2) (2) Computation of payment. The payment shall be computed as specified under s. Adm 92.78, except the economic rent of the acquired dwelling shall be used to compute the payment.

Adm 92.76 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; corrections 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 92.78 Adm 92.78 90-day tenant who rents. An agency shall pay a person who has occupied a displacement dwelling for not less than 90 days before initiation of negotiations, for the increased cost to rent a comparable dwelling as specified under this section. A rental assistance payment shall not exceed $8,000 unless a person is eligible for a greater payment under s. Adm 92.68 (9).

Adm 92.78(1) (1) Eligibility requirement. A person shall be eligible for a payment when the person:

Adm 92.78(1)(a) (a) Occupies a dwelling for not less than 90 days immediately before the date of initiation of negotiations for a property which is subsequently acquired or affected by displacement and;

Adm 92.78(1)(b) (b) Rents and occupies a decent, safe and sanitary replacement dwelling within one year of the date of vacation. The agency may extend this period for good cause.

Adm 92.78(2) (2) Rent differential payment. An agency shall pay a person who rents a replacement dwelling, a payment equal to the difference for 48 months, if any, between the monthly rent for the displacement unit and the lesser of the monthly rent for a comparable dwelling or the actual replacement rent.

Adm 92.78(3) (3) Preferred replacement housing tenure. The agency shall assist a person relocate to original tenancy status or, at a person’s option, purchase a replacement using the downpayment assistance provisions under s. Adm 92.80.

Adm 92.78(4) (4) Payment computation. To compute a payment, an agency shall determine the base monthly rent, the rent of a comparable dwelling and the rent paid for the replacement as follows:

Adm 92.78(4)(a) (a) Base monthly rent. The base monthly rent shall be:

Adm 92.78(4)(a)1. 1. The average monthly rent and utilities paid by the tenant-occupant, including a rent supplement provided by another person except when the supplement will be discontinued after relocation, for a 3 month period before initiation of negotiations, or a more representative period; or

Adm 92.78(4)(a)2. 2. The economic rent when the actual rent is insignificant in relation to market rents for similar dwellings in the area.

Adm 92.78(4)(a)3. 3. The agency may establish the base monthly rent by using a person’s financial means as specified under s. Adm 92.01 (20) in lieu of the rent specified in subd. 1. or 2. If the person refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be established as specified in subd. 1. or 2. A full time student or resident of an institution may be assumed to be a dependent, unless the person demonstrates otherwise.

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.