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 HistoryHistory: 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 92.70Adm 92.70180-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 NoteNote: 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 NoteNote: 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.
Adm 92.70(3)(3)Selection and cost of comparable and actual replacements. An agency shall determine the cost of a comparable replacement by analyzing 3 or more comparable replacement dwellings, and selecting the one that is the most comparable. Fewer may be analyzed if 3 are not available.
Adm 92.70(3)(a)(a) An agency may adjust the asking price of the selected comparable if considered justified on the basis of local market conditions. The agency’s relocation plan shall specify if adjustments will be made for the project, the basis for this determination and the method of adjustment to be used.
Adm 92.70(3)(b)(b) The cost of physical changes or improvements necessary to meet comparable standards in the selected comparable or the actual replacement shall be included in the maximum replacement payment.
Adm 92.70(3)(c)(c) An agency shall select comparable dwellings from the neighborhood of a displaced person provided the area is not designated for governmental acquisition and displacement, or subject to adverse environmental conditions.
Adm 92.70(3)(d)(d) An agency shall select comparable dwellings from adjacent or nearby neighborhoods in ascending order of cost when there are no comparable dwellings in the neighborhood of a displaced person.
Adm 92.70(3)(e)(e) An agency, to promote racially integrated housing, may select comparable dwellings from an adjacent or nearby neighborhood having less concentrated racial composition, when desired by a displaced minority person.