Adm 92.01 Note
Note: Initiation of negotiations does not generally include a situation where the agency obtains only a first right of refusal to acquire that does not also include a monetary offer or establishment of a purchase price and where the agency is not otherwise committed to the acquisition of the property.
Adm 92.01(21)(c)1.
1. Entering into a lease, including a lease with an option to purchase.
Adm 92.01(21)(c)2.
2. Responding to an offer to sell property and negotiating for the purchase of the property, when the offer does not involve the involuntary displacement of any occupant of the property and the agency is not implementing a project to acquire the property.
Adm 92.01(21)(c)3.
3. Obtaining a right of first refusal to acquire that does not also include a monetary offer or establishment of a purchase price and does not otherwise commit the agency to the acquisition of the property.
Adm 92.01(22)
(22) “Mortgage" means a lien given to secure an advance for the unpaid purchase price of real property, together with a credit instrument secured thereby.
Adm 92.01(23)
(23) “Moving expense-actual" means an actual and reasonable expense necessary to move a person and personal property including charges by public utilities for starting service, storage of property up to 12 months, and necessary temporary lodging and transportation.
Adm 92.01(24)
(24) “Moving expense-fixed payment" means an alternate payment for moving. A payment for an occupant of a dwelling is based on a room schedule plus a dislocation allowance. A fixed payment for a business or farm operation is based on average annual net earnings and may not be less than $1,000 nor more than $20,000.
Adm 92.01(25)
(25) “Nonprofit organization" means a corporation, partnership, individual or other public or private entity, engaged in a legal business, professional or instructional activity on a nonprofit basis and having fixtures, equipment, stock in trade or other tangible property on the premises and established as a nonprofit organization under federal or state law.
Adm 92.01(26)
(26) “Owner" means a person who has an interest in a dwelling or real property to be acquired by a displacing agency in the form of the following:
Adm 92.01(26)(b)
(b) An interest in cooperative housing including a right to occupy a dwelling;
Adm 92.01(26)(c)
(c) A contract purchaser of any of the estates or interests under this subsection;
Adm 92.01(26)(d)
(d) A mobile home on a permanent foundation, or a mobile home which is not decent, safe and sanitary, and cannot be moved without substantial damage or unreasonable cost or there are no replacement sites to where it can be moved;
Adm 92.01(26)(e)
(e) An interest other than under this subsection which is considered ownership by an agency or the department;
Adm 92.01(26)(f)
(f) Has succeeded to any of the interests under this subsection by devise, bequest, inheritance or operation of law, except the tenure of ownership, not occupancy, of a succeeding owner shall include the tenure of a preceding owner.
Adm 92.01(27)
(27) “Owner-occupant, residential", means a person, who is the owner of a property being acquired and occupies a dwelling on the property as a primary residence.
Adm 92.01(28)
(28) “Owner-occupant, business", means a person who is an owner of a property being acquired, and is also the owner and operator of a business or farm operation which was conducted on the property for at least one year before initiation of negotiations to purchase the property or the date of vacation when given a notice of intent to acquire, whichever is earlier.
Adm 92.01(29)
(29) “Person" means an individual, family, partnership, corporation, association, business or farm operation, or non profit organization under this chapter. Two or more persons who are tenants of the same dwelling shall be treated as one person.
Adm 92.01(30)
(30) “Personal property" means tangible property located on real property but not acquired by an agency.
Adm 92.01(31)
(31) “Prepaid expense" means an item paid in advance by a seller of real property and prorated between a seller and buyer at the time of closing on a property including property tax, insurance, assessment, fuel and utilities, and others.
Adm 92.01(32)
(32) “Primary residence" means a dwelling occupied as a customary and usual place of residence but not a vacation dwelling. It is occupied by a person for a substantial period of time before initiation of negotiations. It is evidenced by place of voter registration, address on a tax return, mailing address, rent receipt, proximity to work, school, utility and phone bill or other evidence acceptable to an agency.
Adm 92.01(32m)
(32m) “Public financial assistance" means direct funding received from a public entity. An authority which uses its own funds for a project is not receiving “public financial assistance."
Adm 92.01(33)(a)(a) “Public project" means, in addition to a project being carried out directly by a public entity, an activity or program directly receiving public financial assistance including a grant, loan or contribution. Unless otherwise covered under federal relocation regulations, such assistance must be at least $25,000 in a project having total costs of less than $50,000 or at least 50% in a project having total costs of $50,000 or more, and involve one or more of the following activities:
Adm 92.01(33)(a)3.
3. Demolition within a designated redevelopment or blight removal area established by formal local government action on or after April 2, 1989; or
Adm 92.01(33)(a)4.
4. Another related public construction or improvement project receiving federal financial assistance covered under federal relocation regulation.
Adm 92.01(33)(b)2.
2. Any interest reduction payment or loan to an individual in connection with the purchase and occupancy of a property by the individual.
Adm 92.01(33)(b)3.
3. Acquisition of property under tax foreclosure proceedings, provided a tenant-occupant is not displaced for a public project related to the acquisition;
Adm 92.01(33)(b)4.
4. Direct acquisition by a federal agency carrying out a federal program or project;
Adm 92.01(33)(b)5.
5. Demolition activity accomplished on a random basis if there is no planned public project for the property affected; or
Adm 92.01(33)(b)6.
6. A private project which is able to proceed as a result of governmental zoning changes, variances or related actions.
Adm 92.01(34)
(34) “Real property" means land and improvements on and to the land, estates in land, and fixtures or other personal property directly connected with the land.
Adm 92.01(35)
(35) “Relocation payment" means a payment under this chapter, including actual moving expense, a fixed payment in lieu of actual moving expense, purchase, rental and interest differential payment, down payment assistance, and cost incidental to a purchase of replacement property. An agency may pay more than the minimum amounts under this chapter, provided the payments are uniform.
Adm 92.01(36)
(36) “Relocation plan" means a document prepared by an agency and submitted to and approved by the department before any property acquisition activity begins. A plan describes the relocation assistance and payments to be provided, and indicates whether displaced persons can be satisfactorily relocated.
Adm 92.01(37)
(37) “Searching expense payment" means a payment to a displaced business or farm operation, to compensate for actual and reasonable expense in locating a replacement business or farm operation.
Adm 92.01(38)
(38) “Selected comparable" means a comparable dwelling, business or farm operation selected by an agency from one or more comparable properties as the most comparable for computing a replacement differential payment.
Adm 92.01(39)
(39) “Tenant" means a person who occupies real property and has not been, or could not otherwise be dispossessed, except pursuant to the procedures under chs.
704 and
799, Stats.
Adm 92.01(40)
(40) “Tenant-occupant, residential", means a person who is the tenant of a displacement dwelling and occupies the dwelling as a primary residence.
Adm 92.01(41)
(41) “Tenant-occupant, business", means, for the purposes of subch.
VI, a person who is a tenant-owner and operator of a business or farm operation which was conducted on the property for at least one year before initiation of negotiations or the date of vacation when given a notice of displacement from the agency, whichever is earlier.
Adm 92.01(42)
(42) “Unlawful occupancy" means occupancy by a person who has been ordered to move by a court of competent jurisdiction prior to initiation of negotiations for the acquisition of the property. At the discretion of the agency, persons who occupy property without permission of the owner may be considered to be in unlawful occupancy. Technical violations of law and unlitigated violations of the terms of a lease, such as having an unauthorized pet or withholding rent because of improper building maintenance, do not constitute unlawful occupancy.
Adm 92.01(43)
(43) “Utility charge" means an average monthly cost for space and water heating, lighting, water and sewer, and trash removal, but not telephone service.
Adm 92.01 History
History: Cr.
Register, March, 1986, No. 363, eff. 4-1-86; am. (1), (13), (20), (intro.), (21) and (24), r. and recr. (4), renum. (33) to (41) to be (34) to (41) and (43) and am. (40) and (41), cr. (33) and (42),
Register, November, 1989, No. 407, eff. 12-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 1996, No. 484; cr. (14) (b) 11., (21) (c), (32m), am. (33) (a) (intro.),
Register, March, 1997, No. 495, eff. 4-1-97; correction in (8) (a), (11), (13), (14) (b) 9., 10. made under s. 13.92 (4) (b) 6., 7., Stats.,
Register December 2011 No. 672;
CR 21-110: am. (8) (c) Register June 2022 No. 798, eff. 7-1-22.
Adm 92.04
Adm 92.04 Decent, safe, and sanitary housing. Adm 92.04(1)(1)
Purpose. The following minimum housing standards are to assure that housing quality is adequate for the protection of public health, safety and welfare. They shall be applicable for all dwellings selected for comparable replacement housing payment determinations, referrals to displaced persons and to which persons move.
Adm 92.04(2)
(2)
Minimum requirement. A decent, safe and sanitary dwelling conforms with applicable provisions for existing structures established under state or local building, plumbing, electrical, housing and occupancy codes and similar ordinances or regulations, and meets the following minimum requirements:
Adm 92.04(2)(a)
(a)
Water. A dwelling shall have a continuing and adequate supply of water suitable for drinking.
Adm 92.04(2)(b)
(b)
Kitchen. A dwelling shall have a room or portion of a room where food is normally prepared and cooked and is equipped with:
Adm 92.04(2)(b)1.
1. A kitchen sink in good working condition, properly connected to an approved water system with sufficient hot and cold water, and to an approved sewer system.
Adm 92.04(2)(b)2.
2. Cabinets or shelves for the storage of eating, drinking and cooking equipment and utensils, and food that does not ordinarily require refrigeration for safekeeping. The cabinets or shelves shall be of sound construction with surfaces that are easily cleaned and have no toxic or noxious effect on food.
Adm 92.04(2)(b)3.
3. Sufficient space and utility service connections for installation of a stove and refrigerator.
Adm 92.04(2)(c)
(c)
Heating system. A dwelling shall have a safe, good working and properly installed heating system capable of heating all habitable rooms to approximately 70
° F. Unvented fuel-fired flame space heaters and furnaces shall be prohibited. Portable electric heaters approved under appropriate local and state codes are acceptable.
Adm 92.04(2)(d)
(d)
Bathroom facility. A dwelling shall contain the following:
Adm 92.04(2)(d)1.
1. A private, nonhabitable room with a properly working flush toilet connected to a water system with sufficient water, and to an approved sewer system.
Adm 92.04(2)(d)2.
2. A room with a lavatory sink. A sink may be in the same room as a toilet. If a sink is located in a room other than the one with a toilet, the toilet shall be near a door leading directly into the room with a sink. A sink shall be in good working condition, properly connected to an approved water system with sufficient hot and cold water, and to an approved sewer system.
Adm 92.04(2)(d)3.
3. A private room with a bathtub or shower. A bathtub or shower may be in the same room as a flush toilet, a room with a lavatory sink, or in another room and shall be connected to an approved water system with sufficient hot and cold water, and to an approved sewer system.
Adm 92.04(2)(e)
(e)
Electric service. A dwelling unit and public and common areas shall be supplied with electric service, wiring, outlets and fixtures which are properly installed, and maintained in good and safe working condition. The service capacity and the number of outlets and fixtures shall be as follows:
Adm 92.04(2)(e)1.
1. A habitable room shall have a minimum of 2 floor or wall outlets.
Adm 92.04(2)(e)2.
2. A water closet room, bathroom, laundry room, furnace room, dining room, kitchen, and public hall shall have at least one ceiling or wall electric light fixture.
Adm 92.04(2)(e)3.
3. Light switches in a room or passage shall be conveniently located to light the area ahead.
Adm 92.04(2)(e)4.
4. Public halls and stairways in a multiple dwelling shall be adequately lighted at all times.
Adm 92.04(2)(f)1.1. A foundation, roof, exterior wall door, skylight and windows shall be weathertight, waterproof, dampproof, and together with floors, interior walls and ceilings, be structurally sound and in good repair without visible evidence of structural failure or deterioration.
Adm 92.04(2)(f)2.
2. A dwelling, multiple dwelling, rooming house, other building or accessory structure and premises shall be maintained to prevent and eliminate rodents.
Adm 92.04(2)(f)3.
3. A foundation, roof, floors, exterior and interior walls, ceilings, inside and outside stairs, porches and all appurtenances shall be safe and capable of supporting a normal load. Inside and outside stairs shall have uniform risers and treads. Stairways shall have structurally sound handrails.
Adm 92.04(2)(f)4.
4. Plumbing fixtures and water pipes shall be properly installed and maintained in a good, sanitary working condition.
Adm 92.04(2)(f)5.
5. Toilet room, bathroom and kitchen floor surfaces shall be impervious to water to permit maintenance of a clean and sanitary condition.
Adm 92.04(2)(f)6.
6. Gas burning equipment and pipes, water and waste pipes, toilets, sinks, lavatories, bathtubs, shower and catch basins, vents, chimneys, flues, smoke pipes and other facilities, equipment or utilities in a dwelling, shall be maintained in a safe, satisfactory working condition.
Adm 92.04(2)(g)1.1. Habitable room. A habitable room shall have at least one openable window or skylight facing outside. The minimum window or skylight area shall be at least 8% of the floor area of a room.
Adm 92.04(2)(g)2.
2. Bathroom. A bathroom or toilet room shall comply with the requirement for a habitable room. A window or skylight may be omitted when the room is equipped with artificial lighting and adequate ventilation.
Adm 92.04(2)(h)
(h)
Number of exits - means of escape. In a dwelling of more than 2 rooms, bedroom and living room areas shall have at least 2 means of escape with at least one door or stairway providing a means of unobstructed travel to the outside at street or ground level. Bedroom and living room areas may not be accessible by only a ladder or folding stairs, or through a trap door.
Adm 92.04(2)(hm)
(hm)
Alternate means of escape. A second means of escape shall be either:
Adm 92.04(2)(hm)1.
1. A door or stairway providing a means of unobstructed travel to the outside at street or ground level, or
Adm 92.04(2)(hm)2.
2. An outside window operable from the inside without the use of tools and providing a clear opening of not less than 20 inches in width, 24 inches in height, and 5.7 square feet in area. The window bottom may not be more than 44 inches above the floor.
Adm 92.04(2)(hm)2.a.
a. Exception no. 1. A second means of escape shall not be required when the room has a door leading directly outside to grade.
Adm 92.04(2)(hm)2.b.
b. Exception no. 2. A second means of escape shall not be required when a building is protected throughout by an approved automatic sprinkler system.
Adm 92.04(2)(hm)2.c.
c. Exception no. 3. A second means of escape from a second or higher story dwelling may be directly through a common corridor provided the corridor has at least 2 means of escape.
Adm 92.04(2)(ht)
(ht)
Prohibited path. A required path of travel to the outside from a room may not be through another room or apartment not under the immediate control of the occupant of the first room, nor through a bathroom or other space subject to locking.
Adm 92.04(2)(i)
(i)
Habitable floor space. A dwelling unit shall have at least 150 square feet of habitable floor space for the first occupant and at least 100 square feet, 70 square feet for a mobile home, for each additional occupant. In addition:
Adm 92.04(2)(i)1.
1. The floor space shall be divided into rooms and bedrooms to be adequate for a displaced person. No more than 2 persons may occupy a bedroom of less than 100 square feet. Children of opposite sex over age 7 may not be required to share a bedroom;
Adm 92.04(2)(i)2.
2. The ceiling height of any habitable room shall be at least 7 feet, except that in a habitable room with a sloping ceiling at least one half of the floor area shall have a ceiling height of at least 7 feet. The floor area of the room may not include that part of a room where the ceiling height is less than 5 feet;
Adm 92.04(2)(i)3.
3. Space located below grade may not be used as a habitable room unless:
Adm 92.04(2)(i)3.b.
b. The minimum window area shall be equal to that under par.
(g) 1. and shall be within properly drained window wells when located below grade;
