Non-homestead property is nonexempt, and is all real property that is not the client's homestead.
Use the equity value of a client's non-homestead real property when figuring initial and ongoing eligibility. For cash cases, when the equity value of non-homestead property and all other nonexempt assets exceeds the asset limit:
- SWAP the case to Medical, and
- enroll it in spenddown if otherwise eligible.
For Medical cases, enroll the case in spenddown.
Do not consider the equity value of property if the person:
- Owns income producing property and the income is enough to justify the exception; or
- Owns only a fractional interest in property of small value and would suffer a substantial loss from the sale of their interest; or
- Lists the property for sale with a reputable local realtor. Allow the client 6 months to find a buyer. During this 6-month period the property does not affect Cash or Medical eligibility.
If the property remains unsold after 6 months, but continues to be listed for sale with a reputable local realtor, refer the case to the Program Management Section. The Section determines if an extension of the period to find a buyer is warranted. If the Program Management Section does not grant an extension, consider the equity value of the property as a nonexempt asset.