Disposal of Excess Real Property

PURPOSE: This rule defines the requirements for disposal of excess real property in the Aid to Families with Dependent Children program as provided for in section 208.010, RSMo. (1) In determining eligibility for Aid to Families with Dependent Children (AFDC) cash benefits, real property which the family is making a good faith effort to sell shall be excluded for a period not to exceed six (6) months, if the family agrees in writing with the Division of Family Services to sell this property and repay the amount of assistance received during that period from the net proceeds of the sale. (2) If the property has not been sold within six (6) months from the effective date of the agreement, or if eligibility terminates for any other reason, the entire amount of assistance paid during that period shall be a debt due the state. (3) The agreement shall specify— (A) Which property will be excluded and the market value; (B) The disposal period of six (6) months; (C) What good faith effort requires; and (D) The requirement to repay the assistance received during the disposal period. (4) All owners of the property in the AFDC assistance group must sign the agreement. A spouse who is an owner and living in the home, but not in the AFDC assistance group, must also sign the agreement. (5) A claimant must provide proof of good faith effort as requested by the Division of Family Services. Good faith effort to sell includes the following: (A) Listing the real property with a reputable real estate agent and cooperating in marketing the property. Cooperation in marketing the property includes things such as showing the property and setting a realistic sales price; (B) Publicly advertising the property for sale on no less than a weekly basis in a general newspaper, instead of listing the property with a reputable real estate agent; (C) Accepting reasonable purchase offers, for example, reflecting a reasonable market value; and (D) Initiating any legal action necessary to force a sale when other owners, outside the AFDC assistance group, do not wish to sell. AUTHORITY: section 207.020, RSMo 1986.* Emergency rule filed Nov. 14, 1985, effective Nov. 24, 1985, expired March 24, 1986. Original rule filed Nov. 14, 1985, effective Feb. 13, 1986. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986.