reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Administration › Chapter Adm 88 - Local housing organization grant program › Section Adm 88.04 - Evaluation criteria

Current through June 24, 2024
Applications shall be reviewed and rated by the department
				based on criteria found in s.
				16.305(2),
				Stats., or in the state housing strategy plan, as required by s.
				16.302,
				Stats. The department shall also use the following criteria to prioritize the
				applications for funding:
(1) The
			 percentage of project benefit directed toward low-income households.
(2) The extent to which existing or potential
			 residents are involved in the planning, development, evaluation or management
			 of the housing activity.
(3) The
			 extent that innovative and cost-effective strategies, financing, or other
			 activities are to be utilized.
(4)
			 The increased capacity of the organization to undertake additional or more
			 sophisticated housing activity as a result of receiving this grant.
(5) The extent to which a geographic balance
			 can be achieved, taking into account the quality of applications
			 submitted.
(6) The extent to which
			 the proposal involves partnerships and establishes formal and informal linkages
			 with other programs.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 89 - Housing Cost Grants And Loans › Section Adm 89.01 - Purpose and authority

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				227.11,
				Stats., and 560.02 (4), 2009 Stats., to implement ss.
				16.301,
				16.303,
				and
				16.304,
				Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 89 - Housing Cost Grants And Loans › Section Adm 89.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Administrative cost" means any cost incurred by the eligible applicant in the
			 course of operating this program that is not directly expended for payments to
			 or on behalf of participating households.
(2) "Cooperative housing" means housing owned
			 by a corporation where the stockholders are entitled to occupancy of real
			 estate (i.e., apartments) through proprietary leases or other like
			 arrangements.
(3) "Department"
			 means the department of administration.
(3m) "Disability" means, with respect to a
			 person: a physical or mental impairment which substantially limits one or more
			 of such person's major life activities; or a record of having such an
			 impairment; or being regarded as having such an impairment, but such term does
			 not include current, illegal use of or addiction to alcohol or a controlled
			 substance as defined in section 102 of the Controlled Substances Act
			 21
			 USC 802.
(4) "Eligible applicant" means any of the
			 following: the governing body of a county, city, village or town; the elected
			 governing body of a federally recognized American Indian tribe or band in this
			 state; a housing authority; a nonstock, nonprofit corporation organized under
			 ch. 181, Stats.; a cooperative organized under ch. 185, Stats., if the articles
			 of incorporation or bylaws of the cooperative limit the rate of dividend that
			 may be paid on all classes of stock; a religious society organized under ch.
			 187, Stats.
(6) "Household" means
			 an individual or individuals occupying or planning to occupy a residence, or a
			 resident of a congregate or group living facility.
(7) "Low income" means gross annual household
			 income at or below 50% of the county median income adjusted for household
			 size.
(8) "Moderate income" means
			 gross annual household income of greater than 50% but not more than 80% of the
			 county median income adjusted for household size.
Note:
County median income tables are published
				annually by the U.S. department of housing and urban
				development.
(9) "Rent"
			 means the cost paid by a non-owner household occupying a premises for occupancy
			 privileges and includes: monthly rent payments; security deposit; first and
			 last month's rent: escrows that will be applied toward a down payment on the
			 purchase of a dwelling; or membership fees and carrying charges associated with
			 units leased from a housing cooperative or a nonprofit corporation that
			 develops, owns, or manages housing with a significant degree of resident
			 involvement.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 89 - Housing Cost Grants And Loans › Section Adm 89.04 - Evaluation criteria

Current through June 24, 2024
Applications shall be compared, reviewed, and rated by the
				department based on statutory requirements and on the following
				criteria:
(1) The percentage of
			 program benefit to households of the lowest income levels.
(2) The extent to which existing or potential
			 residents are involved in the planning, development, or management of the
			 housing activity.
(3) The extent to
			 which innovative and cost effective strategies for providing housing are to be
			 utilized.
(4) The amount of other
			 funds, resources or in-kind contributions that will be made available to the
			 proposed housing program.
(5) The
			 reasonableness of administrative and housing-related counseling costs requested
			 from the department.
(6) The extent
			 to which the programs are proposed to be continued or the residents initially
			 benefitted are proposed to be assisted after department funds have been
			 expended.
(7) The extent to which
			 benefits would be provided to the types of households identified in s.
			 16.303(2),
			 Stats., or in the state housing strategy plan required by s.
			 16.302,
			 Stats.
(8) The experience, track
			 record, and quality of management of the applicant in the area of housing or
			 community development.
(9) The
			 extent to which the proposal involves partnerships and establishes formal and
			 informal linkages with other related programs.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 89 - Housing Cost Grants And Loans › Section Adm 89.05 - Awards

Current through June 24, 2024
(1) The maximum award that any one eligible
			 applicant may receive is $1 million in a particular competition.
(2) After an award is made, a contract
			 agreement shall be executed between the state and the grantee and shall include
			 information required by s.
			 16.303(1) (b), (c)
			 and (2) (a), Stats.
(3) Awards may not be used:
(a) For capital improvements to dwelling
			 units;
(b) To directly pay for
			 development costs;
(c) To directly
			 pay the principal and interest on a construction loan or a rehabilitation
			 loan;
(d) To replace existing
			 programs or funding providing this type of assistance;
(e) To assist individuals who have assets
			 sufficient to meet their own housing needs;
(f) To assist individuals who will, after
			 receiving benefits under this program, continue to live on premises that are
			 not decent, safe, and sanitary;
(g)
			 To assist individuals who, after receiving benefits under this program, would
			 continue living in nursing homes, medical, psychiatric, or penal
			 institutions;
(h) To assist
			 individuals living on premises that are not modest in design. Amenities must be
			 limited to those amenities that are generally provided in unassisted, decent,
			 safe, and sanitary housing for lower income families in the market
			 area;
(i) To assist individuals who
			 would be paying housing costs that are not reasonable in relation to housing
			 costs currently being charged in the market area.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 89 - Housing Cost Grants And Loans › Section Adm 89.06 - Method of payment

Current through June 24, 2024
Eligible applicants may make payments in any of the following
				manners:
(1) Directly to an eligible
			 household;
(2) To a provider of
			 housing or housing-related services on behalf of an eligible
			 household.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 89 - Housing Cost Grants And Loans › Section Adm 89.07 - Fees for cooperative housing

Current through June 24, 2024
The department may reimburse the manager of cooperative housing
				for any of the following fees: membership fees; carrying charges; principal and
				interest; mortgage insurance; property insurance; utility-related costs;
				property taxes; replacement reserves; and operating and maintenance expenses,
				provided such reimbursement directly reduces the monthly housing cost of
				eligible households.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 90 - Small cities community development block grants for housing › Section Adm 90.01 - Purpose and authority

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				16.309(2),
				227.11,
				Stats., and 560.02 (4), 2009 Stats., to implement s.
				16.309,
				Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 90 - Small cities community development block grants for housing › Section Adm 90.02 - Definitions

Current through June 24, 2024
(1) "CDBG" means community development block
			 grant.
(2) "Department" means the
			 department of administration.
(3)
			 "Eligible applicant" means any unit of general local government in Wisconsin
			 which is a non-entitlement area as defined by 24 CFR part 570.3.
(4) "LMI household" means a household with an
			 annual income that is at or below 80% of county median income or 80% of state
			 median income, whichever is greater.
(5) "Program" means the small cities
			 community development block grants for housing program.
(6) "Special housing project" means an
			 activity that results in the creation of new low- to moderate-income dwelling
			 units.
(7) "Unfunded application"
			 means a CDBG application which receives an insufficient point score in the
			 evaluation process to be eligible for funding.
Income tables are published annually by the U.S. department
				  of housing and urban development.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 90 - Small cities community development block grants for housing › Section Adm 90.04 - Housing rehabilitation and homeownership assistance

Current through June 24, 2024
Applicants shall be compared and rated by the department based
				upon the department's evaluation of the proposal's consistency with s.
				16.302,
				Stats., and 24 CFR part 570, and the scoring criteria in the CDBG application
				package. Applicants shall be eligible to receive funding for housing
				rehabilitation, homeownership assistance, and housing-related public facilities
				based on established and documented need and the applicant's ability to
				complete the proposed activities. The department shall ensure that awarded
				grant funds are reasonably balanced among geographic areas of the
				state.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 90 - Small cities community development block grants for housing › Section Adm 90.05 - Application process

Current through June 24, 2024
The department shall make funds available annually as those
				funds are made available by the federal department of housing and urban
				development. To receive funds under the program, an eligible applicant shall
				submit an application which is complete and in the format required by the
				department. The department shall make housing rehabilitation and homeownership
				assistance awards to fundable applicants on an annual basis. The department
				shall make special housing project awards under s.
				Adm
				90.09 to eligible applicants as projects are ready for
				funding under the criteria established by the department and as funding becomes
				available.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 90 - Small cities community development block grants for housing › Section Adm 90.06 - Emergency grants

Current through June 24, 2024
The department may use program funds for emergency housing
				needs arising from a natural disaster or catastrophic event. A local government
				interested in applying for an emergency grant under this section shall provide
				the department with written notice of intent to apply within 90 days after the
				natural disaster or catastrophic event. The department shall develop emergency
				fund application requirements as necessary. Applications will be evaluated
				based on:
(1) The nature of the
			 emergency.
(2) The amount of
			 emergency-related housing need.
(3)
			 The availability of program funds.
(4) Other mitigating circumstances the
			 department deems significant.
(5)
			 The inability of the applicant to finance the activity on its own.
(6) The unavailability of other funding
			 sources to address the need. [DOUBLE DAGGER]
The application requirements can be obtained by writing to:
				  Department of Administration, P.O. Box 7970, Madison, WI 53707-7970.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 90 - Small cities community development block grants for housing › Section Adm 90.07 - Recaptured funds and program income

Current through June 24, 2024
The department may use CDBG funds received as recaptured
				program funds or program income as defined in 24 CFR 570, to fund specific
				hazard reduction activities in homes with low and moderate income
				occupants.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 90 - Small cities community development block grants for housing › Section Adm 90.08 - Resubmitted applications

Current through June 24, 2024
(1) An applicant
			 for funds shall be eligible to receive funds in the CDBG program year following
			 the year for which the applicant submits an unfunded application, without
			 having to submit another application for that following year if all of the
			 following apply:
(a) The applicant is an
			 eligible applicant under the terms of the program.
(b) The applicant submits a request to
			 resubmit in a format as required by the department.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 90 - Small cities community development block grants for housing › Section Adm 90.09 - Special housing projects

Current through June 24, 2024
The department may use at least $750,000 annually from the
				program for special housing projects. Funds not awarded within 12 months may be
				included in the funding available for housing rehabilitation and homeownership
				activities under s.
				Adm
				90.04. The department shall make special project
				awards to eligible applicants as projects are ready for funding under the
				criteria established by the department and as funding becomes
				available.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 91 - Interest on real estate trust accounts › Section Adm 91.02 - Definitions

Current through June 24, 2024
(1) "Account" means an interest-bearing
			 common trust account as provided in s.
			 452.13(2),
			 Stats.
(2) "Department" means the
			 department of administration.
(3)
			 "Statement" means the statement required under s.
			 452.13(2)
			 (e) 2, Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 91 - Interest on real estate trust accounts › Section Adm 91.04 - Calculation of interest

Current through June 24, 2024
A depository institution may calculate interest on the daily or
				average daily ledger or collected balance in an account for the statement
				period, provided that the method of calculation used is consistent with the
				method of interest calculation applied by the institution to individual
				accounts of the same type, size and duration. This interest may be calculated
				on an annual, monthly or other periodic basis within a 12 month period ending
				on December 31.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 91 - Interest on real estate trust accounts › Section Adm 91.05 - Rate of interest

Current through June 24, 2024
The rate of interest paid on an account shall be consistent
				with the requirements of s.
				452.13(2)
				(a), Stats. The rate of interest reported on
				the annual statement submitted to the department under s.
				452.13(2)
				(e) 2, Stats., shall be the rate applicable
				to the account on the immediately preceding December 31, or an average rate of
				interest for the entire reporting period in those cases where there has been a
				variance in the account interest rate over the course of the reporting
				period.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 91 - Interest on real estate trust accounts › Section Adm 91.06 - Statement

Current through June 24, 2024
The information required under s.
				452.13(2)
				(e) 2, Stats., shall be submitted annually by
				February 1, for the previous calendar year, to the department on the prescribed
				form. One report covering the aggregate accounts at a depository institution
				shall be submitted.
Copies of the form are available at no charge from the
				  Department of Administration, P.O. Box 7869, Madison, WI 53707-7869, or on the
				  Internet at
www.doa.wi.gov
.
Note: The address for submitting the annual report and
				  payment to the department is the Wisconsin Department of Administration, P.O.
				  Box 7869, Madison, WI 53707-7869.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter I - General › Section Adm 92.001 - Purpose

Current through June 24, 2024
The purpose of this chapter is to implement ss.
				  32.185 to
				  32.27,
				  Stats., by establishing minimum standards for providing relocation payments and
				  services to a person who moves from a dwelling, business or farm operation
				  because of acquisition for a public project, and to assure that such persons do
				  not suffer disproportionate costs as a result of projects designed to benefit
				  the public as a whole. Payments required by this chapter do not affect any
				  right to seek compensation specified in ss.
				  32.01 through
				  32.18
				  and
				  32.28, Stats. The
				  department of administration shall assure that displaced persons are treated
				  uniformly, fairly and equitably.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter I - General › Section Adm 92.002 - Applicability

Current through June 24, 2024
This chapter applies to the following:
(1) A public project conducted by any agency
				under s.
				Adm
				92.01(13) which may or shall displace
				any person from real property regardless of the source of funds, federal
				regulations, or the date the project was formally adopted, approved, funded or
				started;
(2) A displacement under
				sub. (1) resulting from initiation of negotiations which begins after April 2,
				1989.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter I - General › Section Adm 92.01 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Acquisition" means:
(a) A property purchased
				by an agency by any legal means including a negotiated sale and exercise of
				eminent domain; or
(b) A
				tenant-occupied unit where possession or use is denied to the occupant under a
				rehabilitation, code enforcement or other program or project being carried out
				with public financial assistance.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter I - General › Section Adm 92.06 - Written notice and information

Current through June 24, 2024
An agency shall as a minimum, provide displaced persons and
				  property owners with notices and relocation information as specified in this
				  section.
(1) INFORMATION AT PUBLIC
				HEARING. An agency shall provide the following general information if a public
				hearing is held for a project which may involve land acquisition and
				displacement of a person;
(a) A general
				description of the relocation services and payments;
(b) A statement that an agency shall prepare
				a relocation plan for approval by the department before acquisition and that
				persons to be affected shall be contacted to obtain information to prepare the
				plan;
(c) Identification of project
				boundaries and an estimate of the number of residential and nonresidential
				properties to be acquired;
(d) A
				statement that a person who moves prematurely may jeopardize relocation
				entitlements and that sufficient time to relocate will be provided;
(e) The name, address and telephone number of
				an agency representative available for further information on acquisition and
				relocation assistance matters.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter I - General › Section Adm 92.08 - Payment of relocation claim

Current through June 24, 2024
An agency shall pay a displaced person a relocation payment
				  as specified under this chapter.
(1)
				TIME OF FILING. A displaced person may file a claim for payment following a
				move, but not later than 2 years after the following dates, unless extended by
				the agency for good cause:
(a) For tenants,
				the date of displacement;
(b) For
				owners, the date of final payment for the purchase of the real property or the
				date of displacement, whichever is later.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter I - General › Section Adm 92.10 - Waiver or modification

Current through June 24, 2024
The department may waive or modify any requirement that is
				  not required under ss.
				  32.185 to
				  32.27,
				  Stats., for good reason, and on an individual case basis, upon written request
				  of an agency or a displaced person. A waiver shall be in writing to be
				  valid.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter I - General › Section Adm 92.12 - Waiver of relocation benefits

Current through June 24, 2024
An owner-occupant of a property to be acquired, as an agreed
				  upon condition of acquisition of the property, may waive relocation benefits as
				  specified under s.
				  32.19,
				  Stats., provided a waiver is executed knowledgeably, without duress, and under
				  the following requirements:
(1) The
				property to be acquired by an agency is:
(a)
				An isolated parcel, not included as part of a public project or located within
				a proposed or previously designated area where it is reasonable to conclude
				that other acquisitions by the agency will occur in the foreseeable
				future;
(b) Being sold voluntarily
				to an agency:
1. In response to a public
				solicitation provided the agency states that it will not acquire property
				unless a mutually satisfactory agreement can be reached;
2. Through a voluntary listing of a property
				for sale by an owner;
3. Under
				another voluntary circumstance.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter I - General › Section Adm 92.14 - Education, certification and monitoring

Current through June 24, 2024
(1) EDUCATION. The
				department shall promote and place emphasis upon opportunities for interested
				persons to receive training in the relocation assistance requirements of ch.
				32, Stats., and this chapter.
(2)
				CERTIFICATION. The department may certify the relocation assistance program of
				a unit of state or local government upon a determination that the certified
				program meets the standards followed by the department in administering the
				relocation assistance requirements of ch. 32, Stats., and this chapter. A unit
				of government with a certified relocation assistance program shall not be
				required to submit relocation plans to the department for prior approval under
				s.
				Adm
				92.26. A unit of government with a certified
				relocation assistance program shall retain all of its program records for the
				periods of time specified by the department. The department may examine any
				records of a certified relocation assistance program. The department shall
				monitor and audit all certified programs and may revoke the certification of a
				program upon a determination that the program does not continue to meet the
				standards for certification.
(3)
				ENFORCEMENT. Complaints shall be received and investigated as provided in s.
				Adm
				92.18
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter I - General › Section Adm 92.16 - Eviction policy

Current through June 24, 2024
An agency may evict a person as a last resort but the
				  eviction does not affect the eligibility of a person for relocation benefits.
				  An agency shall assist to prevent eviction of a tenant by an owner before
				  acquisition by an agency. An agency's relocation record shall document the
				  circumstance surrounding eviction from an agency-acquired property. Eviction
				  may be undertaken for the following:
(1) Failure to pay rent, except as specified
				under s.
				704.07,
				Stats.;
(2) Use of a premises for
				an illegal purpose;
(3) A material
				breach of a rental agreement;
(4)
				Refusal to accept an offer of a comparable replacement property;
(5) An eviction is required by law.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter I - General › Section Adm 92.18 - Relocation appeal

Current through June 24, 2024
A displaced person, or one claiming to be displaced, may file
				  a complaint for review by the department under this subsection.
(1) GENERAL. An agency shall inform a
				displaced person before displacement of the person's right of appeal under
				local and state procedures. A displaced person shall be assured of the
				following:
(a) A right to be represented in
				an appeal by a personal representative;
(b) A right to inspect and photocopy a file,
				record, regulation or operating procedure of an agency or the department
				pertinent to an appeal;
(c) A right
				to have a written complaint, in any form, reviewed and acted on;
(d) A right to prompt consideration of a
				complaint and a written reply from an agency or the department explaining a
				determination;
(e) A displaced
				person who appeals may not be removed from an acquired property until an agency
				issues a written determination on an appeal unless the agency provides written
				notice to the department that an occupant may be required to move before such
				determination may be issued.
(f)
				Filing a complaint under local or state appeal procedure is not a condition
				precedent to the filing of a claim and commencement of a legal action under s.
				32.20,
				Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter I - General › Section Adm 92.20 - Relocation file

Current through June 24, 2024
An agency shall maintain a current individual property
				  acquisition and individual relocation case file. The file shall be retained for
				  inspection by the department for a minimum of 3 years following completion of a
				  project or a final relocation payment, whichever is later.
(1) PROPERTY ACQUISITION FILE. An individual
				property acquisition file shall contain:
(a)
				The name and address of a property owner and the address or other legal
				description of an acquired property;
(b) Evidence that the property owner was
				given a pamphlet entitled,"Your Rights as a Landowner under Wisconsin Eminent
				Domain Law,"and the date given;
(c)
				A copy of written notices under this chapter or otherwise given to a displaced
				person;
(d) A copy of appraisal
				reports or documents on which a determination of just compensation is
				based;
(e) A copy of the written
				offer to purchase and the date of initiation of negotiations to acquire a
				property;
(f) A copy of a purchase
				agreement, deed, declaration of taking, waiver or related document involving
				conveyance of the property;
(h)
				Evidence that a property owner was paid for the purchase price and expenses
				incurred incidental to transfer of the property as specified under s.
				32.195,
				Stats.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter II - Relocation Plan › Section Adm 92.24 - Purpose

Current through June 24, 2024
The purpose of a relocation plan is to assure that an agency
				  will provide adequate relocation payments and services and to determine whether
				  displaced persons can be satisfactorily relocated. The department may not
				  approve a relocation plan unless an agency submits evidence and assurances that
				  relocation payments and services provide the following:
(1) Displaced persons shall have an
				opportunity to occupy comparable, decent, safe and sanitary replacement
				housing;
(2) Displaced business,
				farm operation or nonprofit organizations shall have an opportunity to occupy a
				comparable replacement and shall be assisted in reestablishing with a minimum
				of delay and loss of earnings;
(3)
				Prompt and complete relocation payments will be made;
(4) Project and program activities are
				designed to minimize displacement hardship;
(5) Persons covered under Wisconsin's Open
				Housing Law shall be assisted to ensure equal opportunity to obtain housing
				from within a community's total housing supply.
(6) Persons shall receive equal treatment in
				the relocation process;
(7) Persons
				shall be given a reasonable time to move, and may not be required to move
				unless a comparable replacement is provided for or available;
(8) Persons shall receive assistance
				consistent with needs, including referrals for social service, job and housing
				counseling, and transportation to available replacement dwellings.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter II - Relocation Plan › Section Adm 92.26 - Time of plan submission

Current through June 24, 2024
(1) AGENCY WITH EMINENT DOMAIN POWER. An
				agency vested with eminent domain power, or undertaking a project where such
				power exists, shall file a relocation plan and receive approval in writing from
				the department before proceeding with initiation of negotiations on any project
				which may involve displacement of a person.
(2) AGENCY WITHOUT EMINENT DOMAIN POWER. An
				agency undertaking a project where the power of eminent domain does not exist,
				shall submit and receive approval of a relocation plan from the department,
				before a property is acquired for the project, provided:
(a) Any option taken or offer to purchase
				made by the agency is conditioned upon receipt of relocation plan approval from
				the department before a property is acquired, and
(b) Tenants who occupy a property and who may
				be required to move, are contacted by the agency within 7 days after all
				contingencies have been removed from an option or an accepted offer to
				purchase. Such contact shall be for the purpose of informing a tenant of any
				relocation payments and services available and to obtain information for the
				purpose of preparing a relocation plan.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter II - Relocation Plan › Section Adm 92.28 - Contents of relocation plan

Current through June 24, 2024
A relocation plan shall include the following elements in
				  sufficient detail to assess whether relocation can be satisfactorily
				  accomplished:
(1) PROJECT DESCRIPTION.
				The name, purpose, location, overall project activity, administrative
				organization and staffing for relocation assistance, type and occupancy status
				of displacement property and a timetable for project implementation;
(2) RELOCATION PROGRAM STANDARDS. A statement
				regarding whether or not local ordinances or regulations establish standards
				meeting those specified under this chapter for decent, safe and sanitary
				housing, or whether another regulation requires the agency to provide
				relocation benefits in excess of those specified under this chapter.
(3) COMPETING DISPLACEMENT. A description and
				analysis of any other private and public displacement activities in the area
				which may compete for replacement resources;
(4) RELOCATION FEASIBILITY ANALYSIS. An
				identification and description of displaced persons, a description of the
				property occupied, an identification and assessment of available replacement
				resources, a correlation of replacement resources with a person's needs,
				financial means, and an estimate of relocation payments;
(5) ALTERNATIVE RELOCATION PLAN. An
				alternative relocation plan when existing replacement resources are
				insufficient to meet a person's needs;
(6) RELOCATION ASSISTANCE SERVICE. The
				relocation services to be provided;
(7) RELOCATION PAYMENT. The procedure for
				processing a claim to assure prompt and complete payment;
(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.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter II - Relocation Plan › Section Adm 92.29 - Small projects relocation plan

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter II - Relocation Plan › Section Adm 92.30 - Data for plan development

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter III - Relocation Assistance Services › Section Adm 92.38 - General

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter III - Relocation Assistance Services › Section Adm 92.42 - Fair rental charge

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter III - Relocation Assistance Services › Section Adm 92.44 - Local relocation office

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter III - Relocation Assistance Services › Section Adm 92.46 - Termination of relocation assistance

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter IV - Relocation Moving Payments › Section Adm 92.50 - General

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter IV - Relocation Moving Payments › Section Adm 92.52 - Standard for actual and reasonable moving expense

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter IV - Relocation Moving Payments › Section Adm 92.54 - Moving payment - residential

Current through June 24, 2024
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).
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter IV - Relocation Moving Payments › Section Adm 92.56 - Moving payment-business

Current through June 24, 2024
An agency shall pay a displaced business person for actual
				  moving and related expense under sub. (1), actual direct loss of tangible
				  personal property under sub. (2), and actual expense in searching for a
				  replacement business as specified under sub. (3). A displaced business may be
				  eligible for a fixed payment in lieu of actual moving expenses under sub. (4).
(1) ACTUAL AND REASONABLE MOVING EXPENSE.
(a)
Commercial move.
An
				  agency shall pay a person for the expense of a commercial move as specified
				  under s.
				  Adm
				  92.52. The expense shall be supported by receipts and
				  an inventory of the items moved.
(b)
Self-move.
1. A person shall have the option of taking
				  responsibility for all or a part of the move and being paid an amount equal to
				  the lower of 2 acceptable bids or estimates obtained by the agency or prepared
				  by qualified staff. An agency shall also pay a person for expenses specified
				  under s.
				  Adm
				  92.52 when not included in a bid or
				  estimate.
2. An agency shall pay a
				  person for actual and reasonable expenses, supported by evidence of expense,
				  when a bid or estimate cannot be obtained or when a large fluctuation in
				  inventory prevents bidding. The following expenses may be included in a
				  self-move in addition to items specified under s.
				  Adm
				  92.52:
a. A hired
				  truck and equipment;
b. Gas and oil
				  when a vehicle or equipment owned is used in the move and the cost of insurance
				  and depreciation directly allocable to the move;
c. Wages for persons who assist in the move
				  based on hours worked, not to exceed the hourly rate paid by commercial movers
				  in the area;
d. Wages for
				  supervisory personnel who are regular employees for time spent in overseeing
				  the move.
3. An agency
				  may pay a person without obtaining bids or estimates and without supporting
				  evidence of expenses when it is estimated that the cost of the move will not
				  exceed $1,000.
4. A person who
				  self-moves shall certify that the items listed were moved. The inventory of
				  items listed as moved may not deviate to any appreciable extent from the
				  original inventory without a corresponding increase or decrease in the agreed
				  payment. An increase in the payment shall be based on a moved inventory normal
				  to business operations.
(c)
Low value-high bulk
				  property.
The agency shall pay the difference between the estimated
				  sales value and the replacement cost of junk, sand, gravel, metal, or other low
				  value and high bulk property used in the operation, when the estimated cost of
				  moving is disproportionately higher than the value.
Wisconsin Administrative Code › Department of Administration › Chapter Adm 92 - Relocation Assistance › Subchapter IV - Relocation Moving Payments › Section Adm 92.58 - Optional move payment - business

Current through June 24, 2024
(1) GENERAL. An
				agency shall pay a person who moved and was paid a moving expense as specified
				under s.
				Adm 92.56(1), (2) or
				(3), a payment-in-lieu under s.
				Adm
				92.56(4) provided the business
				suffers a substantial loss of patronage and discontinues the business within 2
				years of the date of payment for moving expense.
(2) COMPUTATION OF PAYMENT. The optional move
				payment shall be the difference, if any, between the payment-in-lieu as
				specified under s.
				Adm
				92.56(4) and the moving payment
				received.