The limitation on ownership in § 67:12:04:09 may be waived for six months if the other real property is placed on the market. Applications may be approved and assistance paid regardless of the ownership of other real property if the owner or owners sign an agreement to sell the property and to reimburse the department for the amount of assistance received that would not have been received had the property been sold at the beginning of the period. Repayment may not exceed the amount of the net proceeds of the sale.

After signing the agreement to sell the property, the owner must immediately list the other real property with a reputable and active real estate broker who will use best efforts to find a buyer. Listing the property in the local newspaper is not sufficient. The property must be sold for a reasonable price according to § 67:12:04:10.01. If the property is not sold within the six-month limit, or the family becomes ineligible for aid to families with dependent children, the entire amount of assistance paid during the six-month period is considered an overpayment.

Source: SL 1975, ch 16, § 1; 2 SDR 24, effective October 1, 1975; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 10 SDR 144, effective July 1, 1984; readopted, 12 SDR 112, effective January 16, 1986 ; 52 SDR 55, effective December 2, 2025 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1986-01-16.