(a) Real property,
which is considered the home or usual place of residence of the applicant or
recipient family or household, is generally exempt from consideration as a
countable asset.
(b) For the
financial assistance programs, the exemption of home property is limited to the
parcel of land and a single structure, which is considered the usual residence
of the family. Any other structure or structures on the parcel of land are not
included in the home property exemption.
(1)
For the purposes of this subsection, whether an applicant or recipient is
living on or away from real property shall determine whether the real property
is to be considered home property or not, irrespective of the form of the
individual's interest such as a life tenant, remainderman, a buyer or seller
under an agreement of sale, settler or beneficiary under a trust, or any other
form of lesser or divided interest.
(2) Any interest in any real property owned
by an individual living in a domiciliary care home shall be considered as real
property not used as the family home.
(c) For the food stamp program, home property
generally consists of the structure in which the household resides and the land
immediately surrounding the structure. Land, separated from the home by
intervening property, not public rights of way but land owned by other parties,
shall not be considered part of the home.
(1)
Provided the household members intend to return, the home property shall remain
exempt when temporarily not occupied for reasons of employment, training for
future employment, illness, or uninhabitability caused by casualty or natural
disaster.
(2) If any part of the
home property is rented, the income producing test normally required to exempt
such real property shall not apply. The entire parcel of real property,
provided it remains the home of the household, shall continue to be
exempt.
(3) If a household does not
already own a home, the value of land purchased for the purpose of building a
structure to be the home of the household shall be exempted. If the building
which will be the household's home is partially completed, the value of the
structure shall be exempt.
(4)
Other structures, which are located either on the same or on a contiguous lot
as the household's first home, that are designed, converted, or remodeled into
a dwelling unit that is or can be used in whole or in part as a home,
residence, or sleeping place by one or more individuals shall be counted
towards the household's assets unless the structure can be excluded under one
of the other asset exemptions listed in this section.
(A) These other structures, excluding
vehicles, can be permanent or mobile in nature;
(B) The structure shall be considered exempt
if a member of the food stamp household is residing in this other structure
because of space limitations in the household's first home.
