Adm 92.68(7)(e)1. 1. An agency shall make a replacement housing payment to a person displaced from a dwelling separately from a payment required for a business or farm on the same property.

Adm 92.68(7)(e)2. 2. An agency shall compute a replacement housing payment for a person who occupied one unit of a multi-family or a mixed-use property provided:

Adm 92.68(7)(e)2.a. a. The comparable property shall be the same as a property acquired. For example, a comparable shall be a triplex when the acquired property is a triplex. Dwellings of the next lower density shall be used when there is no comparable. A single-family dwelling shall be used as the comparable for a person’s dwelling when there are no comparable multi-family or mixed-use dwellings;

Adm 92.68(7)(e)2.b. b. The carve-out value of the dwelling shall be used for a replacement housing determination, not the market value of an entire property. A replacement housing payment is the difference, if any, between the value of the acquired dwelling unit and the value of a comparable dwelling unit in the most comparable property.

Adm 92.68(8) (8) Nonprofit organization. A nonprofit organization or a religious society which meets the eligibility requirements applicable for a residential tenant or owner shall be eligible for a replacement housing payment under this subchapter. A nonprofit organization or religious society eligible for and claiming a replacement business payment under this subchapter may not receive a payment under subch. VI.

Adm 92.68(9) (9) Payment amount. A differential payment, an increased interest payment and an incidental expense payment may not exceed $25,000 for a 180-day owner-occupant, and a rent differential or downpayment may not exceed $8,000 for a 90-day occupant, except for the following:

Adm 92.68(9)(a) (a) An agency may exceed the amounts in sub. (9) if necessary to obtain a comparable replacement dwelling;

Adm 92.68(9)(b) (b) An agency may provide assistance in addition to that required in sub. (9) if a comparable dwelling is unavailable within a person’s financial means. The additional assistance may include one or more of the following methods:

Adm 92.68(9)(b)1. 1. A replacement payment in excess of the amounts in sub. (9);

Adm 92.68(9)(b)2. 2. An offer of government assisted housing which is available and adequate for the needs of the displaced person;

Adm 92.68(9)(b)3. 3. Rehabilitation of or addition to an existing dwelling;

Adm 92.68(9)(b)4. 4. Provision of a direct loan requiring regular amortization or a deferred repayment;

Adm 92.68(9)(b)5. 5. Relocation and rehabilitation of a dwelling;

Adm 92.68(9)(b)6. 6. Purchase of land or a replacement dwelling by the displacing agency with subsequent sale or lease back to, or exchange with, a displaced person;

Adm 92.68(9)(b)7. 7. Construction of a new dwelling.

Adm 92.68(9)(b)8. 8. Change in occupancy status of the displaced person from tenant to homeowner when it is more cost effective to do so.

Adm 92.68(9)(c) (c) An agency may limit payment to the amount necessary to relocate to a comparable replacement within one year from the date the person is paid for the displacement dwelling, or one year from the date the person is initially offered a comparable replacement dwelling and advised of replacement payment entitlements, whichever is later.

Adm 92.68 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; renum. (1) to be (1) (a) and am., cr. (1) (b), (9) (b) 8. and (c), am. (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; am. (9) (b) (intro.), Register, March, 1997, No. 495, eff. 4-1-97; correction in (2), (3), (4) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.70 Adm 92.70 180-day owner who purchases. An agency shall pay an owner-occupant of a dwelling who purchases a replacement, a payment for the differential cost to purchase a comparable dwelling, for the loss of favorable financing on an existing mortgage or land contract in financing a replacement dwelling, and for expense incidental to the purchase. A payment shall be determined as follows:

Adm 92.70(1) (1) Eligibility requirements. A displaced person shall be eligible for a payment when the person:

Adm 92.70(1)(a) (a) Owns and occupies the property for not less than 180 days immediately before the date of initiation of negotiations for the acquisition of the property, or the date of vacation when given a notice of intent to acquire, whichever is earlier;

Adm 92.70(1)(b) (b) Purchases and occupies a decent, safe and sanitary replacement dwelling within one year from the date the owner received final payment for the acquired property or the date the owner vacates the acquired property, or an extended date established by the agency for good cause, whichever is later. For the purpose of this section a replacement dwelling is purchased when a person:

Adm 92.70(1)(b)1. 1. Acquires an existing dwelling;

Adm 92.70(1)(b)2. 2. Relocates or rehabilitates a dwelling owned or acquired;

Adm 92.70(1)(b)3. 3. Purchases a life estate in a retirement facility;

Adm 92.70 Note Note: The cost shall be the entrance fee plus the present worth of a monetary commitment in a retirement facility to the facility, but may not include a periodic service charge;

Adm 92.70(1)(b)4. 4. Contracts to build or builds a new decent, safe and sanitary dwelling on a site owned or acquired.

Adm 92.70 Note Note: Construction cost, including the value of labor furnished by a displaced person, shall be limited to that cost necessary to purchase a comparable dwelling.

Adm 92.70(2) (2) Differential amount payable. A differential amount payable is an amount, if any, when added to the acquisition payment for an acquired dwelling, equals an amount a person pays for a replacement, or an amount determined by an agency as necessary to purchase a comparable replacement, whichever is less. A replacement payment shall include the cost to modify a property to meet comparable standards or code requirements.