Chapter Adm 92

Adm 92.92(4)(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 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 92.92(5) (5) Incidental expense payment. An agency shall pay a person for actual and reasonable expense incurred incidental to the purchase of a replacement business or farm operation. The payment shall include the following:

Adm 92.92(5)(a) (a) Legal, closing and related cost including title research, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats and recording fees;

Adm 92.92(5)(b) (b) Lender, appraisal or application fees, and loan origination or assumption fees that do not represent prepaid interest;

Adm 92.92(5)(c) (c) Certification of structural soundness;

Adm 92.92(5)(d) (d) Credit reports;

Adm 92.92(5)(e) (e) Owner or mortgagee title insurance policy or abstract of title;

Adm 92.92(5)(f) (f) Escrow agent fee;

Adm 92.92(5)(g) (g) Other expense approved by an agency.

Adm 92.92 Note Note: The payment may not include a prepaid expense such as taxes, water, or fuel costs, or a fee, cost, charge or expense which is part of a debt service or finance charge.

Adm 92.92(6) (6) Owner retention. An owner-occupant may purchase the property back from an agency and move it to another location following receipt of the payment for the acquired property, and when not inconsistent with project development. The replacement payment shall be determined as follows:

Adm 92.92(6)(a) (a) Amount payable. The payment shall be the amount, if any, between the acquisition price and the cost to relocate. 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 site, installing utility service, constructing a foundation, moving the property, restoring it to comparable standards and other moving costs.

Adm 92.92(6)(b) (b) Limitation. The differential payment computed under this section may not exceed the amount necessary to purchase a comparable replacement under sub. (2) plus any increased interest or incidental expense payment due under subs. (4) and (5).

Adm 92.92(7) (7) Replacement payment conversion. An agency shall pay a person as specified under this section. A replacement payment for a prior move to a rental property shall be deducted from the amount payable under this section. The combined payment may not exceed $50,000.

Adm 92.92 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (4) (a) (intro.) and 3., (b) and (5) (b), r. and recr. (4) (d), cr. (4) (f), Register, November, 1989, No. 407, eff. 12-1-89.

Adm 92.94 Adm 92.94 Owner-occupant who rents.

Adm 92.94(1) (1) General. An agency shall pay an owner-occupant who rents a replacement business or farm operation, a rental assistance payment not to exceed $30,000 for 4 years, or the amount the person is eligible for as an owner under s. Adm 92.92, whichever is less.

Adm 92.94(2) (2) Computation of payment. The payment shall be computed as specified under s. Adm 92.96, except that the economic rent of the acquired property shall be used to compute the payment.

Adm 92.94 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), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.96 Adm 92.96 Tenant-occupant who rents. An agency shall pay a tenant-occupant of a business or farm operation, a rental assistance payment, not to exceed $30,000, for the increased cost to rent or lease a replacement business or farm operation. The payment shall be computed as specified under this section.

Adm 92.96(1) (1) Rent differential payment. An agency shall pay a person who rents a replacement business or farm operation, 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 business or farm operation, or the actual replacement.

Adm 92.96(2) (2) Preferred replacement tenure. An agency shall assist a person to relocate to original tenancy status or, at a person’s option, purchase a replacement using the downpayment assistance provisions under s. Adm 92.98.

Adm 92.96(3) (3) Payment computation. To compute a payment, an agency shall determine the base monthly rent, the rent of a comparable replacement, and the rent paid for the replacement property as follows:

Adm 92.96(3)(a) (a) Base monthly rent. The base monthly rent shall be either:

Adm 92.96(3)(a)1. 1. The average monthly rent and utilities paid by the tenant-occupant for the 12-month period before initiation of negotiations, or a more representative period; or

Adm 92.96(3)(a)2. 2. The economic rent when the actual rent is insignificant in relation to market rents for similar property in the area.

Adm 92.96(3)(b) (b) Determine rent of a comparable replacement. The agency shall determine the rent of a comparable replacement business or farm operation using the selection procedures under s. Adm 92.92 (2) and (3) except:

Adm 92.96(3)(b)1. 1. An agency shall increase the rent by the additional amount the owner would charge if required to make modifications necessary to bring a property up to comparable standards, or

Adm 92.96(3)(b)2. 2. An agency shall pay a person who rents a replacement business or farm operation requiring modifications to meet comparable standards, the actual cost of these modifications if incurred by the person. The amount shall be included in the rent differential payment.

Adm 92.96(4) (4) Comparability of rent factors. Rent factors such as utilities, furnishings, parking and others, shall be the same for the displacement property and the comparable or replacement property. However, rent factors in the comparable property which must be paid by the displaced person shall be included in the payment regardless of whether they existed in the displacement property.

Adm 92.96(5) (5) Change of occupancy. A person, after moving to a replacement business or farm operation, moves to a higher rent property within a 2 year period, may be eligible for an amount in excess of the original claim but not to exceed the amount necessary to rent a comparable replacement.

Adm 92.96 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1), (3) and (4), Register, November, 1989, No. 407, eff. 12-1-89; correction in (2) and (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (2), (3) (b) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.98 Adm 92.98 Tenant-occupant who purchases.

Adm 92.98(1) (1) General. An agency shall pay a person otherwise eligible under s. Adm 92.96, an amount up to $30,000 for a downpayment on the purchase of a replacement, and reimbursement for actual expenses incidental to the purchase. The payment may not exceed the amount necessary to rent a comparable replacement as specified under s. Adm 92.96.

Adm 92.98(2) (2) Computation of downpayment and incidental cost.

Adm 92.98(2)(a) (a) The agency shall pay a person the amount the person is entitled to receive for a rental replacement payment as specified under s. Adm 92.96.

Adm 92.98(2)(b) (b) An agency shall pay the amount calculated under s. Adm 92.96 to a tenant-occupant who purchases a replacement business or farm operation within 2 years after the person moves from the displacement property.

Adm 92.98(2)(c) (c) The incidental cost as specified under s. Adm 92.92 (5) shall be added to the amount as specified under par. (a).

Adm 92.98(2)(d) (d) An agency may require that the full amount of the downpayment assistance payment be applied to the purchase price of the replacement property and related incidental expenses. An agency may pay the amount directly to a displaced person upon reasonable assurance that the displaced person will apply the payment toward business or farm reestablishment costs.

Adm 92.98(2)(e) (e) An owner eligible for a payment under s. Adm 92.92 is ineligible for a downpayment assistance payment under this section.

Adm 92.98 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am., cr. (2) (e), 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) (a), (b), (c), (e) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.99 Adm 92.99 Forms. Material and forms noted under this chapter are available from the Department of Administration, Division of Energy Services, P.O. Box 7868, Madison, WI 53707-7868 or at the Department’s Web site http://energyindependence.wi.gov/section.asp?linkid=1783&locid=160. They are:

Adm 92.99 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 (intro.), (1) to (9) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.