42-200.K. Home Exclusion

 

Table of Contents

The Home Exclusion section includes the following information:

 

Topic

Home Exclusion

Multiple Unit Dwellings

Home Exempt Due To Marital Separation

Informing When Exemption Is Granted

Reasonable Steps

Determination Of The Home’s Availability

The Home And Surrounding Property

Household Goods

 

 

 

Home Exclusion

 

 

 

 

 

 

 

 

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A home occupied by the AU, regardless of the value is excluded.  Any house, mobile home, camper, trailer, houseboat or any other dwelling whether assessed as real or personal property by the County Assessor is excluded when it is occupied by the AU.  Property will continue to be considered the home during temporary absence for reasons such as:

·  illness,

·  seasonal employment,

·  visits,

·  extreme climatic conditions, etc., provided the recipient plans to, and it appears will be able to, return to the home when such circumstances no longer exist.

 

 

Multiple Unit Dwellings

 

 

 

 

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When an AU occupies one unit of a multiple unit dwelling that they own, only the unit occupied by the AU is exempt. Units of the multiple unit dwelling that are not occupied by the AU are treated as a resource. The value of the remaining units, less encumbrances must be counted as a resource. If the unoccupied units can be sold separately, the nine month property exemption may be applied. If the AU is making a good faith effort to sell, or if the units cannot be sold separately from the unit occupied by the AU, the units are considered unavailable to meet the current needs and are exempt/excluded from the resource limit.

 

Home Exempt Due To Marital Separation

 

 

 

 

 

 

 

 

 

 

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The applicant/recipient’s community property interest in a home, which was left due to marital separation, may be exempt from consideration as property for three months, when the applicant/recipient’s spouse continues to reside in the home and does not intend to leave.

 

During this exempt period, the recipient must initiate reasonable steps to liquidate or use the home. See below for a description of reasonable steps.

 

Applicant:  The usual home shall be exempt in determining the applicant’s eligibility for three months following the end of the month in which aid begins.

 

Recipient:     The usual home of the recipient shall be exempt in evaluation of property for continuing eligibility during the month of separation and for the three months following the end of the month in which separation occurs.

 

Informing When Exemption Is Granted

 

 

 

 

 

 

 

 

 

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The applicant/recipient must be informed of the following when this exemption is granted

 

·  The exempt status of the home; and

·  When the exempt status period will expire; and

·  That “reasonable steps” must be initiated to liquidate or use the property interest during the exempt period; and

·  That aid will be discontinued if “reasonable steps” are not initiated.

 

Documentation of the above, a NOA, or other written notification, will be filed in the case record under the “property” tab to verify that the applicant/recipient has been informed of all requirements.  A tickler for review of the property status is to be completed.  The review of property status must occur no later than mid month during the last month of the exempt period to allow for a timely notice of action to the applicant/recipient, if necessary.

 

Reasonable Steps

 

 

 

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Reasonable steps to liquidate the property, use the home, or document unavailability include but are not limited to:

 

·  Statements from real estate agents, attorneys or other persons who have knowledge of the situation and can document any steps taken by the applicant/recipient; or

·  A statement from the AP documenting refusal to cooperate in disposing of the property, refusal to vacate the property or giving other reasons which would make the property unavailable.

 

Determination Of The Home’s Availability

 

 

 

 

 

 

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Reasonable steps to liquidate the property, use the home, or document unavailability include but are not limited to:

 

·  If the home is determined available and the recipient chooses to occupy the home, it is exempt.

·  If the home is determined available for the recipient to dispose of or otherwise utilize (besides living in), aid can be paid for nine months provided the recipient signs a lien and follows the requirements described under the “Requirements for Eligibility” Section.

·  If the home is determined to be unavailable, aid shall continue.

·  If the recipient has taken no action to make his/her interest in the home available, aid shall be discontinued for failure to cooperate in making the property available.

 

The Home And Surrounding Property

 

 

 

 

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The following resources are excluded from consideration:

 

The home continues to be exempt when temporarily unoccupied for reasons of employment, training for future employment, illness, or uninhabitability caused by natural disaster.  The AU’s intent to return and the date of return is acceptable verification unless the period exceeds 90 days. If over 90 days, the AU must provide a specific reason for the extended absence.

 

Any governmental payments which are designed for the restoration of a home damaged in a disaster, is excluded.

 

Household Goods

 

 

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The following items are excluded as property:

·  Household goods including Personal Computers

·  Personal effects, including:

·        one burial plot per member of the AU,

·        the cash value of life insurance policies,

·        the cash value of pension plans or funds, and Keogh plans which  involve a contractual relationship with individuals not in the AU.