Adm 92.01(14)(a)3.a.a. A tenant occupant who will be permanently displaced and has not been offered a reasonable opportunity to occupy a suitable, decent, safe and sanitary dwelling in the same or a nearby building with actual reasonable moving cost of the move being paid by the displacing agency; or Adm 92.01(14)(a)3.b.b. A tenant occupant in a federally assisted project who is unable to continue occupancy in the displacement dwelling under terms and conditions that are reasonable as specified by the federal funding agency. Adm 92.01(14)(b)1.1. A person who moves before initiation of negotiations, unless the agency determines the person was displaced by the project; Adm 92.01(14)(b)2.2. A person who initially occupies the affected property after the date of its acquisition by the agency; Adm 92.01(14)(b)3.3. A person who has occupied the property for the express purpose of obtaining relocation benefits under this chapter; Adm 92.01(14)(b)4.4. A tenant-occupant of a dwelling who has been promptly notified that he or she will not be displaced by the project, provided that, if a temporary move is necessary, the temporary replacement dwelling is decent, safe and sanitary and the tenant is compensated for actual out-of-pocket expenses incurred in connection with a temporary move, including moving costs to and from the temporary dwelling, any increased rent or utility costs, and other reasonable expenses incurred; Adm 92.01(14)(b)5.5. A person who, after receiving a notice of relocation eligibility, is subsequently notified in writing that the person will not be displaced for the project. Such notice shall not be issued unless the person has not moved, the agency provides compensation for any expenses incurred up to the time the no displacement notice is issued and the agency withdraws any attempt to acquire the property or carry out the project affecting the property; Adm 92.01(14)(b)6.6. An owner-occupant who voluntarily sells a property after being informed in writing that the agency will not acquire the property by condemnation if a mutually satisfactory agreement of sale is not obtainable. In such cases, however, any tenants who occupy the property are displaced persons under this chapter; Adm 92.01 NoteNote: The agency may be required to obtain a waiver of relocation assistance under s. Adm 92.12. Adm 92.01(14)(b)7.7. An owner-occupant who voluntarily sells a property to a displacing agency not vested with eminent domain power; Adm 92.01(14)(b)8.8. A person who voluntarily retains the right of use and occupancy of the real property for life following its acquisition by the agency; Adm 92.01(14)(b)9.9. A person who is determined to be in unlawful occupancy of the property or has been evicted for cause under applicable law before initiation of negotiations for the property. Unlawful occupancy is defined under s. Adm 92.01 (42). Adm 92.01(14)(b)10.10. A person who is a non-occupant owner of commercial or residential property that is rented to others, except that such owner may qualify for actual and reasonable moving expenses under s. Adm 92.52. Adm 92.01(14)(b)11.11. For projects that do not receive federal funds and properties that do not involve an outdoor advertising sign or an outdoor advertising company tenant, a tenant who is allowed to occupy leased premises to the end of the term of the lease, or for 180 days, or for a period of time equal to one-half of the term of the lease, or for a period of time determined by the condemnor, whichever of these four alternatives is longer. Adm 92.01(15)(15) “Dwelling” means a single family house, a single family unit in a duplex, multi-family or multi-purpose property, a condominium or cooperative housing unit, a sleeping room, a mobile home, or other residential unit. Adm 92.01(16)(16) “Economic rent” means the rent for a property similar to and in the same area as an acquired property. Adm 92.01(17)(17) “Eminent domain” means a right of government and others under s. 32.02, Stats., permitting a taking of private property for a public purpose with payment of just compensation. Adm 92.01(18)(18) “Existing patronage” means the business from specific clientele or as evidenced by an annual net income during the 2 taxable years preceding the taxable year of an acquisition or during a more equitable period determined by an agency. The patronage for a nonprofit organization includes persons, clientele and community served or affected by the organization. Adm 92.01(19)(19) “Farm operation” means an activity conducted mainly for the production of one or more agricultural products or commodities, or timber, for sale or home use, and customarily producing these in sufficient quantity to contribute materially to a person’s support. Adm 92.01(20)(20) “Financial means” means the standard for determining if a dwelling is affordable. A replacement or comparable dwelling is within a person’s financial means when, as an owner, the monthly housing costs, including payments for mortgage, insurance, utilities and property taxes, or, as a tenant, monthly rent including comparable utility costs, minus any replacement housing payment available to a person under this chapter, does not exceed 30% of average monthly income. In lieu of the 30% of income standard in this subsection, a comparable dwelling may also be considered to be within a person’s financial means if: Adm 92.01(20)(a)(a) Owner-occupant. The acquisition price of the comparable replacement dwelling does not exceed the sum of the payment for the acquired dwelling and the comparable replacement housing payment available under this chapter. Adm 92.01(20)(b)(b) Tenant-occupant. The monthly rent of the comparable replacement does not exceed the monthly rent at the displacement dwelling, after taking into account any rental assistance payment available under this chapter. Adm 92.01(21)(a)(a) In acquisition projects, the date a displacing agency, or its representative, initially contacts an owner of real property, or the owner’s representative and makes a written monetary offer to purchase the property; or Adm 92.01(21)(b)(b) In rehabilitation, code enforcement or related non-acquisition projects, the date a displacing agency makes its initial funding or other commitment to the project which may cause the displacement of an occupant, or the date a person receives actual or constructive notice that the person will be displaced, whichever is earlier, unless a different action or date is specified in applicable federal program regulations. Adm 92.01 NoteNote: 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.