42-200 E. Property Items To Be Included In Evaluating

Property Which May Be Retained


Table of Contents

The Property Items To Be Included In Evaluating Property Which May Be Retained section includes the following information:



Real Property To Be Included

Personal property To Be Included




Real Property To Be Included



In addition to the items listed in the definition of real property in the “definition” section, the following are to be included as real property:


·   Cemetery property held for profit.

·   Stocks in a water company not appurtenant to the land in furnishing water for agricultural purposes.


Real property owned by an applicant/recipient includes real property which:


·   Secures any of his/her debts.

·   Is being purchased under a contract of sale, mortgage and/or deed of trust.

·   Is being held by him/her under contract of sale, but the contract has not actually been signed.

·   Is being held with retention of life estate.

·   Is held in trust and is available for disposition or use.

·   Is held in an undistributed estate and is available for use prior to distribution.

·   Is being sold and is held in escrow.


Personal Property To Be Included




















Please see the “Basic Definition” section for types of personal property included in evaluating property. 


In counting resources of assistance units AUs with IRAs or accessible Keogh plans, the Human Services Specialist (HSS) will include the total cash value of the account or plan minus the amount of the penalty (if any) that would be exacted for the early withdrawal of the entire amount in the account or plan.


A non-recurring lump sum payment includes:


·   Retroactive lump sum social security;

·   Railroad retirement benefits;

·   Retroactive payments from the approval of an application for any assistance program;

·   Court ordered retroactive payments for any assistance program;

·   Supplemental or corrective payments received for a previous month from any assistance program;

·   Lump sum insurance settlements; and

·   Refunds of security deposits on rental property or utilities. 


These payments shall be counted as resources in the month received unless specifically excluded from consideration as a resource by other federal law.