Wisconsin Legislature: Adm 92.40(14)

(8) Property management. The policy for continued occupancy and eviction;

(9) Relocation grievance. The procedure for resolving a relocation appeal;

(10) Assurance. A statement by the agency head or designee that persons to be displaced shall be relocated as specified in the approval plan and this chapter;

(11) Project map. A map identifying each property to be acquired and the project boundary;

(12) Photograph. A photograph of each improved property to be acquired.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (intro.) and (1), Register, November, 1989, No. 407, eff. 12-1-89.

Adm 92.29 Small projects relocation plan. A small projects relocation plan for projects having less than 3 displacements may be submitted in lieu of a complete relocation plan, and shall consist of items specified in s. Adm 92.28 (1), (4) and (10). A small projects relocation plan shall be submitted in a format approved by the department.

History: Cr. Register, November, 1989, No. 407, eff. 12-1-89; correction made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.30 Data for plan development. An agency shall obtain the following data for plan development:

(1) Information from an interview regarding a person’s needs, characteristics, present occupancy and relocation preferences shall form the basis for a plan. Other reliable information may be substituted when a person is unable to provide the information or cannot be contacted after repeated attempts;

(2) Replacement housing, business or farm operations listed in the plan shall be drawn from properties available at the time of plan development. An agency may use reliable data on past sales and rental activity in estimating resources to be available when there are not enough available properties at the time of plan development.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

Subchapter III — Relocation Assistance Services

Adm 92.38 General. An agency shall provide relocation assistance to a person as specified under this chapter and commensurate with individual need, whenever the acquisition of property for a project will result in the displacement of a person.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

Adm 92.40 Services to be provided. An agency shall provide displaced persons with the following services:

(1) Advice on eligibility requirements and the availability of relocation payments and services;

(2) Advice on rehousing and relocation options based on a personal interview to obtain a person’s housing needs and relocation preferences;

(3) Current and continuing information and referral to replacement sales and rental housing, including any government assisted homeownership, rehabilitation or rental housing programs for which a person may qualify;

(4) Current data on security deposit cost, closing cost, typical down payment required, interest rate and financing terms, maps indicating location of schools, churches, parks, playgrounds, shopping facilities and public transportation routes when applicable;

(5) Information on the agency’s relocation program and grievance procedure, local ordinances on housing, building codes, fair housing, housing consumer literature, shelter costs, homeownership and family budgeting;

(6) Advice to homebuyers on obtaining mortgage financing or a land contract and submission of offers to purchase, credit report, appraisal and survey. Advice to renters on tenant or lease arrangements, tenant/landlord responsibilities, security deposit practices and rent costs;

(7) Assess replacement property to determine its condition and adequacy, before referral;

(8) Advise displaced persons that they will not have to move unless offered a comparable replacement within a reasonable period before displacement;

(9) Assistance in moving and transferring utility services;

(10) Referrals for employment, training, health, welfare, legal aid, and related programs, when necessary;

(11) Relocation services which result in equal treatment for persons regardless of sex, race, color, disability, religion, national origin, sex or marital status of a person maintaining a household, lawful source of income, sexual orientation, age, ancestry or a person’s status as an owner or tenant;

(12) Ensure that during the time between acquisition and displacement a property occupied by a displaced person is free of any immediate life threatening conditions, unless an existing code requires a higher maintenance standard. An agency may temporarily relocate an occupant as an alternative to correcting such life threatening conditions.

(13) Assistance in preparing and filing a relocation claim;

(14) Consult with a business or farm operator to determine relocation needs and preferences, land and building square footage required, traffic patterns, market demand and retention of existing clientele, replacement cost limitations, employee needs, operating modifications and other factors for successful reestablishment;

(15) Current and continuing information and referrals to suitable commercial replacement sales and rental sites and facilities;

(16) Current data on the cost of comparable property and leased space, growth potential in various areas, industrial sites, zoning ordinances, applicable code restrictions and permit requirements, and other data to assist a person in making an informed decision regarding relocation or discontinuance of a business or farm operation;

(17) Referrals to financial institutions, government agencies, and others offering assistance to business or farm operations;

(18) Referrals and advice to assure that low income and minority persons have equal opportunity in selecting a replacement dwelling from the total housing market, thereby facilitating desegregation and economic and racially inclusive patterns of occupancy. Low income and minority persons shall be informed of housing opportunities outside of low income and minority neighborhoods. An agency shall provide, or secure through contract with fair housing or civil rights groups, affirmative assistance that includes, as a minimum:

(a) Services necessary to familiarize low income and minority persons with nonimpacted neighborhoods including transportation, escort to brokers or rental offices, and counseling and assistance in obtaining available services which may be required;

(b) Services necessary to guard against housing discrimination by a seller, broker, landlord, rental agent, or financial institution on the basis of sex, race, color, disability, religion, national origin, sex or marital status of a person maintaining a household, lawful source of income, sexual orientation, age or ancestry;

(d) Assistance in filing an application or complaint for administrative or judicial relief when housing discrimination is alleged.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; CR 21-110: am. (11), (18) (b) Register June 2022 No. 798, eff. 7-1-22.

Adm 92.42 Fair rental charge. Rent charged to an occupant for use of a property between the date of acquisition and the date of displacement may not exceed the economic rent, the rent paid by a tenant to the former owner or the occupant’s financial means if a dwelling, whichever is less. A displaced person shall have rent free use of the property for 30 days beginning with the next first or fifteenth day of the month after title vests in an agency, whichever is sooner.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

Adm 92.44 Local relocation office. There shall be a relocation office convenient to public transportation or within walking distance of a project when the needs of displaced persons justify it. The office shall be open during hours convenient to displaced persons, including evening hours when necessary.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

Adm 92.46 Termination of relocation assistance. Relocation assistance and services to a displaced person shall continue for 2 years after displacement or until relocation has been completed. An agency shall provide relocation assistance until:

(1) A displaced person moves to a suitable replacement property, or discontinues a business or farm operation, and receives relocation payments;

(2) A diligent effort was made to locate a displaced person whose whereabouts are unknown;

(3) A displaced person moves to not decent, safe and sanitary housing or to a business or farm operation not in compliance with applicable codes, and refuses efforts by an agency to correct deficiencies or accept other referrals;

(4) A displaced person refuses to accept suitable replacement referrals. In the event of continuous refusal to admit an agency representative for relocation assistance, who visits the occupant at convenient times, and has whenever possible, given notice of intention to visit the occupant, an agency shall make a diligent effort to communicate with a person before terminating assistance.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

Subchapter IV — Relocation Moving Payments

Adm 92.50 General. An agency shall pay a person for the following moving and related expense:

(1) Moving a person and personal property from a displacement property;

(2) Moving a fixture when a person retains ownership provided the fixture is necessary for reestablishment of a business or farm operation and cannot otherwise be replaced within the maximum replacement payment under s. Adm 92.90.

(3) Moving costs, when an acquisition of real property used for a business or farm operation causes a person to vacate a dwelling or other real property not acquired, or in moving personal property from other real property not acquired;

(4) Moving costs for a residence and a business or farm when a person operates a business or farm and also resides on the property.

(5) One move, except the cost of a temporary move and a final move shall be paid when a hardship exists or when approved by an agency.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1), Register, November, 1989, No. 407, eff. 12-1-89; correction 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 92.52 Standard for actual and reasonable moving expense.

(1) Eligible moving expense. A person who claims a moving payment based on actual and reasonable cost shall be eligible for the following expenses:

(a) Transporting a person and personal property from an acquired site to a replacement site. Transportation expense beyond 50 miles is ineligible, unless an agency determines that a hardship exists or relocation could not be satisfactorily accomplished within this distance. Exception shall be allowed by an agency to the nearest adequate and available site;

(b) Packing, crating, unpacking and uncrating personal property;

(c) Disconnecting, dismantling, removing, reassembling and reinstalling relocated and substitute machinery, equipment, appliances and other items not acquired, including reconnection of utilities to the items, and modification necessary to adapt the property to a replacement structure which is not a substantial real property improvement;

(d) Storage of personal property, except on property owned by a displaced person, for a period not to exceed 12 months unless a longer period is determined necessary by the agency;

(e) Advertisement and obtaining bids for moving;

(f) An insurance premium for the replacement value of property lost or damaged while in storage or transit;

(g) The replacement value of property lost, stolen or damaged in moving, not caused by the fault or negligence of a displaced person, agent, or employee, if insurance coverage was not reasonably available;

(h) A nontransferable license, permit or certification obtained by a displaced person when necessary to reestablish. The cost may not exceed either the cost for one year, or the cost of the remaining useful life of the document, as determined by the issuing authority, whichever is less;

(i) A professional service or consultant fee for planning, moving or installing relocated and substituted property at a replacement location;

(j) Time to prepare an inventory of items to be moved when the agency is unable to perform an inventory;

(k) Relettering a sign and replacement of obsolete stationery;

(L) Direct loss of tangible personal property for a nonresidential displaced person under s. Adm 92.56 (2);

(m) Searching for a replacement location for a business or farm operation under s. Adm 92.56 (3);

(n) The amount actually paid for services in preparing and documenting a claim for a relocation payment or a business loan application not to exceed $100 for a residential occupant or $500 for a business or farm operation;

(o) Related move expenses determined necessary by the agency.

(2) Ineligible moving expense. A person who claims a moving payment based on actual and reasonable cost may not receive payment for the following expenses:

(a) Moving a structure or property improvement acquired as part of the real property;

(b) Additional expense of residing or operating a business or farm operation in a new location except as provided under s. Adm 92.67;

(d) Loss of goodwill, clientele, profit, or a trained employee;

(e) Personal injury;

(f) The cost of searching for a replacement dwelling.

History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) (g) and (2) (b), 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) (L), (m), (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

Adm 92.54 Moving payment — residential. An agency shall pay a person displaced from a dwelling for the cost of moving the person and personal property as specified under s. Adm 92.52. A person who moves from a primary or seasonal dwelling may claim a payment based on the fixed payment schedule under sub. (2).

(1) Actual and reasonable moving expense.

(a) Commercial move. An agency shall pay a person the actual and reasonable cost for a commercial move when properly supported by receipts. An agency may pay the mover directly when all parties agree.

(b) Contract with mover. An agency shall provide a list of commercial movers to a displaced person and may contract with and pay a mover selected by the displaced person.

(c) Self-move. An agency shall pay a person displaced from a dwelling for a self-move when costs are properly supported by receipted bills. The payment may not exceed the estimated cost of a commercial move.

(d) Cost of moving a person. The cost of moving a person to a new location may not exceed 20 cents per mile, or a normal rate when commercial transportation is used. Food and lodging are eligible expenses when necessary for the move.

(e) Cost of moving a mobile home. An agency shall pay an owner of a mobile home for the actual and reasonable cost to move the mobile home and other personal property, including detaching and reattaching fixtures, utilities and appliances. An occupant of a mobile home may elect to claim under the fixed payment schedule in sub. (2).