Section Adm 92.78 - 90-day tenant who rentsAn agency shall pay a person who has occupied a displacement dwelling for not less than 90 days before initiation of negotiations, for the increased cost to rent a comparable dwelling as specified under this section. A rental assistance payment shall not exceed $8,000 unless a person is eligible for a greater payment under s. Adm 92.68(9).
(1) ELIGIBILITY REQUIREMENT. A person shall be eligible for a payment when the person:(a) Occupies a dwelling for not less than 90 days immediately before the date of initiation of negotiations for a property which is subsequently acquired or affected by displacement and;(b) Rents and occupies a decent, safe and sanitary replacement dwelling within one year of the date of vacation. The agency may extend this period for good cause.(2) RENT DIFFERENTIAL PAYMENT. An agency shall pay a person who rents a replacement dwelling, a payment equal to the difference for 48 months, if any, between the monthly rent for the displacement unit and the lesser of the monthly rent for a comparable dwelling or the actual replacement rent.(3) PREFERRED REPLACEMENT HOUSING TENURE. The agency shall assist a person relocate to original tenancy status or, at a person's option, purchase a replacement using the downpayment assistance provisions under s. Adm 92.80.(4) PAYMENT COMPUTATION. To compute a payment, an agency shall determine the base monthly rent, the rent of a comparable dwelling and the rent paid for the replacement as follows: (a)Base monthly rent. The base monthly rent shall be: 1. The average monthly rent and utilities paid by the tenant-occupant, including a rent supplement provided by another person except when the supplement will be discontinued after relocation, for a 3 month period before initiation of negotiations, or a more representative period; or2. The economic rent when the actual rent is insignificant in relation to market rents for similar dwellings in the area.3. The agency may establish the base monthly rent by using a person's financial means as specified under s. Adm 92.01(20) in lieu of the rent specified in subd.1. or 2. If the person refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be established as specified in subd.1. or 2. A full time student or resident of an institution may be assumed to be a dependent, unless the person demonstrates otherwise. (b)Determine rent of a comparable dwelling. The agency shall determine the rent of a comparable dwelling using the selection procedures specified under s. Adm 92.70(3) and (4).(5) COMPARABILITY OF RENT FACTORS. Rental cost factors such as utilities, furnishings, parking and others, shall be the same for the acquired dwelling and the comparable or replacement dwelling. However, rental factors in the comparable property which must be paid by the displaced person shall be included in the payment regardless of whether or not they existed in the acquired dwelling.(6) CHANGE OF OCCUPANCY. A person who, after moving to a decent, safe and sanitary dwelling, moves to a higher rent dwelling within one year, may be eligible for an amount in excess of the original claim but not to exceed the amount necessary to rent a comparable replacement dwelling.Wis. Admin. Code Department of Administration Adm 92.78
Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (intro.) (1) (a) and (b), (2) and (4) (intro.), cr. (4) (a) 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; correction in (intro.), (3), (4) (a) 3., (b) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.