Section 17-675-48 - Real property used as a home(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.[Eff 3/19/93; am 8/01/94; am 12/9/94] (Auth: HRS § 346-53) (Imp: HRS § 346-53; 7 C.F.R §273.8(e); 45 C.F.R. §233.20 )