Wis. Admin. Code Adm § 92.08

Current through May 28, 2024

Section Adm 92.08 - Payment of relocation claim

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.

(2) PROMPT PAYMENT OF A CLAIM. An agency shall pay a claim in a timely manner, and promptly notify a displaced person when additional information is needed to support a claim. A replacement housing, business or farm payment shall be paid in one lump sum.

(3) DIRECT PAYMENT. An agency may not withhold part of a payment to a displaced person to satisfy an obligation to an agency or creditor, except that an agency may deduct any rent the displaced person owes the agency if the deduction does not prevent the person from obtaining a comparable replacement dwelling. An agency may not require a person to relinquish a right to future claims as a condition of payment. A payment shall be made to a displaced person, unless a person designates otherwise in writing, or a court orders a set off under s. 32.20, Stats.

(4) PARTIAL PAYMENT. An agency shall pay a displaced person promptly for that part of the total claim not in dispute when only a part of a total claim is filed, or when a part of a claim is in dispute or is not sufficiently documented.

(5) ADVANCE PAYMENT. An agency may pay a displaced person in advance of a move, subject to safeguards to ensure the payment is no greater than the amount a person is eligible to receive.

(6) NO DUPLICATION OF PAYMENT. A person eligible for a relocation payment under this chapter and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 84 Stat. 1894, may not receive a payment under both for items which have the same purpose and are equally compensable.

(7) DISCOUNTING PROHIBITED. An agency may not discount a relocation payment for present worth, except for an increased interest payment.

Wis. Admin. Code Department of Administration § Adm 92.08

Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) and (3), Register, November, 1989, No. 407, eff. 12-1-89.