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.