Wis. Admin. Code Department of Administration Adm 92.96

Current through October 28, 2024

Section Adm 92.96 - Tenant-occupant who rents

An agency shall pay a tenant-occupant of a business or farm operation, a rental assistance payment, not to exceed $30,000, for the increased cost to rent or lease a replacement business or farm operation. The payment shall be computed as specified under this section.

(1) RENT DIFFERENTIAL PAYMENT. An agency shall pay a person who rents a replacement business or farm operation, 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 business or farm operation, or the actual replacement.

(2) PREFERRED REPLACEMENT TENURE. An agency shall assist a person to relocate to original tenancy status or, at a person's option, purchase a replacement using the downpayment assistance provisions under s. Adm 92.98.

(3) PAYMENT COMPUTATION. To compute a payment, an agency shall determine the base monthly rent, the rent of a comparable replacement, and the rent paid for the replacement property as follows:

(a)Base monthly rent. The base monthly rent shall be either:

1. The average monthly rent and utilities paid by the tenant-occupant for the 12-month period before initiation of negotiations, or a more representative period; or

2. The economic rent when the actual rent is insignificant in relation to market rents for similar property in the area.

(b)Determine rent of a comparable replacement. The agency shall determine the rent of a comparable replacement business or farm operation using the selection procedures under s. Adm 92.92(2) and (3) except:

1. An agency shall increase the rent by the additional amount the owner would charge if required to make modifications necessary to bring a property up to comparable standards, or

2. An agency shall pay a person who rents a replacement business or farm operation requiring modifications to meet comparable standards, the actual cost of these modifications if incurred by the person. The amount shall be included in the rent differential payment.

(4) COMPARABILITY OF RENT FACTORS. Rent factors such as utilities, furnishings, parking and others, shall be the same for the displacement property and the comparable or replacement property. However, rent factors in the comparable property which must be paid by the displaced person shall be included in the payment regardless of whether they existed in the displacement property.

(5) CHANGE OF OCCUPANCY. A person, after moving to a replacement business or farm operation, moves to a higher rent property within a 2 year period, may be eligible for an amount in excess of the original claim but not to exceed the amount necessary to rent a comparable replacement.

Wis. Admin. Code Department of Administration Adm 92.96

Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1), (3) and (4), Register, November, 1989, No. 407, eff. 12-1-89; correction in (2) and (3) (b) made under s. 13.93(2m) (b) 7, Stats., Register, April, 1996, No. 484; correction in (2), (3) (b) (intro.) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.