Texas Department of Human Services, QC No. 80 (1995)

 Department of Health and Human Services

 Departmental Appeals Board

AFDC QUALITY CONTROL REVIEW PANEL

SUBJECT:  Texas Department of   
Human Services
Docket No. A-95-21
Decision No. QC80

Date:  March 24, 1995

DECISION

The Texas Department of Human Services appealed the
quality control (QC) review determination of the Regional
Administrator (RA) of the Administration for Children and
Families (ACF) in State No. CPO318.  ACF determined that
the assistance unit (AU) in the sample case was
ineligible for Aid to Families with Dependent Children
(AFDC) because of excess resources.  ACF therefore
concluded that Texas made an overpayment error of $158. 

Whether or not the AU had excess resources turns on the
value of a mobile home which the caretaker recipient
owned but did not live in.  Based on the evidence in the
record, we conclude that Texas failed to prove by a
preponderance of the evidence that the resources of this
AU, including the mobile home, were within the $1,000
resource limit established by section 402(a)(7) of the
Social Security Act (Act).  We therefore sustain ACF's
error determination.

Background and Arguments

Section 402(a)(7) of the Act requires a state to
determine an AU's need for AFDC by considering the income
and resources of the unit's members.  As to resources, an
assistance unit may retain real and personal property to
meet current and future needs and remain eligible for
AFDC benefits if its non-exempt property does not exceed
$1,000 in equity value.  Section 402(a)(7)(B); 45 C.F.R.
§ 233.20(a)(3)(i)(B).  Equity value is defined as the
fair market value of the item less encumbrances.  45
C.F.R. § 233.20(a)(3)(ii)(F)(4).  Fair market value is
defined as the price an item of particular make, model
size, and material or condition will sell for on the open
market in the geographic area involved.  Id. 

The Quality Control Manual (QCM) provides that QC
reviewers are to follow state procedures to determine
fair market value.  QCM § 3543.  Texas did not cite any
state procedures for determining fair market value.  The
Texas definitions of fair market value and equity are
essentially parallel to the federal definitions.  Section
512 of the Texas Income Assistance Handbook defines fair
market value as the amount the resource would bring if
sold on the current local market.  Section 513 of the
Texas Income Assistance Handbook defines equity as the
amount of money that would be available to the owner
after the sale of a resource after deducting money owed
on the item and the costs normally associated with the
sale and transfer of the item.

During the review month (January 1994), the recipient
lived in Monihans, Texas but owned an unencumbered mobile
home located in Sierra Blanca, Texas.  The recipient and
her child had lived in the mobile home until September
1993 when they moved to Monihans.  The recipient's AFDC
file in Monihans did not reflect her ownership of the
mobile home so the eligibility worker had not ascertained
its value.  When Texas QC reviewers analyzed the case,
they found that the recipient owned the home along with a
non-functioning second vehicle valued at $225. 
Recognizing that ownership of an unoccupied mobile home
could mean that the recipient had excess resources, the
Texas QC reviewers attempted to ascertain the mobile
home's equity value.

As set out below, the evidence and arguments concerning
the equity value of this mobile home have evolved as the
case worked its way through the QC system.

 o  Initially, the Texas QC reviewers contacted a
mobile home dealer in Lubbock, Texas.  She
stated that a mobile home such as the
recipient's might bring $2,000.  The QC
reviewers also talked with two people in the
Hudspeth County Appraisal District where Sierra
Blanca is located.  The first person said the
trailer had a tax valuation of $6,244.  The
second person said there were no realtors to
consult in Hudspeth County about the value of
the mobile home and that she did not think
there was a market for the recipient's mobile
home in the County as the County was very
small.  The Texas QC reviewers concluded that 
". . . the value of client's mobile home is
$2,000, but there is no market.  QCA will
exempt client's homestead as it is not
marketable."  "Report of Quality Control
Finding," Att. to Texas Notice of Appeal at
unnumbered page 8.

 o  The federal QC reviewers contacted the General
Manager of Ideal Mobile Homes in El Paso,
Texas, 90 miles from Sierra Blanca who said
that the home had a "base book value" of
$8,612, depending upon condition.   According
to ACF, the reviewer informed the General
Manager of the description of the condition of
the mobile home in the state QC review.  (Our
record does not contain the state QC reviewer’s
description.)  Based on the description, the
General Manager said that he would pay no more
than $2,000 for this home if it was in very
good shape and that no lender would finance a
mobile home of this age.  Federal QC also
contacted an employee at the bank in Sierra
Blanca who said that most mobile homes for the
area were purchased in El Paso, Texas.  Based
on its findings, federal QC determined that the
home had a fair market value of $2,000 and this
AU was ineligible because of excess resources.

 o  Texas appealed federal QC's determination to
the RA.  In its appeal, it cited the portion of
its definition of "equity" value that provides
that the equity value of an asset is the amount
of money available after the sale of the
resource.  Texas argued that there would be
costs associated with selling this mobile home
which would reduce its value below the $2,000
fair market value cited by federal QC.  Texas
represented that it had contacted the General
Manager of Ideal Mobile Homes.  Texas listed
the following costs which it represented were
expenses "detailed" by the General Manager:

                    $ 300 Realtor's Fee
                    $ 120 Titling Fee
                    $  16 Title Search
                   $1,375 Cost to move the mobile home
                   $1,811

  Based on these expenses, Texas argued that the
equity value of the home was reduced to $189
and the recipient did not have excess
resources.

 o  The RA rejected Texas' appeal on the grounds
that Texas had failed to show that the listed
expenses were costs "normally associated with
the sale and transfer" of a mobile home.

  o In its appeal before the Panel, Texas argued
that the $2,000 value established by ACF was
arbitrary because it was based on a statement
made by an El Paso mobile home dealer and was
not substantiated by a source that was informed
about the specifics of this particular home and
its geographic location.  Texas represented
that it had recontacted the employee at the
Bank of Sierra Blanca who said that Bank would
not finance the home and that it would be of
very little value.  Texas also represented that
it had contacted a loan officer at the Bank who
said that the mobile home was not worth
anything.  Alternatively, Texas argued that the
costs associated with the sale of the home must
be deducted from the $2,000 value alleged by
federal QC and that deduction of those costs
would reduce its equity value below the
resource limit.

 o Based on the evidence before it, the Panel
determined that it needed additional evidence
as to whether the costs identified by Texas
were costs "normally associated with the sale
and transfer" of a mobile home.  The Panel
requested the parties to recontact the General
Manager of Ideal Mobile homes to ascertain
whether he meant he would pay $2,000 for a 1973
Lancer located in Sierra Blanca or he meant he
would pay $2,000 for the trailer if it were
relocated, at the seller’s expense, to his
mobile home lot in El Paso, Texas.  The General
Manager subsequently said that he meant that he
would purchase a mobile home of the described
model, age and condition located in Sierra
Blanca and pay the seller $2,000.  He would not
impose any fees on the seller for the
relocation or retitling of the mobile home.

Analysis

The issue presented by this case is whether Texas
adequately verified that the recipient did not have
excess resources as defined by section 402(a)(7) of the
Act.  For the following reasons, we conclude that Texas
failed to prove that the equity value of this AU’s
resources was under the AFDC resource limit of $1,000. 
Below we discuss the burden of proof in QC cases and
explain why the preponderance evidence in this case does
not support Texas’ position.

A purpose of the QC process is to test the accuracy with
which a local agency is applying AFDC eligibility and
payment requirements.  "The QC review independently
establishes and verifies the facts about each element of
eligibility for each case in the statistical sample." 
QCM § 3020.  "Verification for QC purposes is defined as
establishing the facts regarding eligibility and payment
for the sample case as of the review date."  QCM § 3500.

As an initial matter, we note that Texas had the ultimate
burden of verifying, or proving, the facts essential for
eligibility, i.e., that the equity value of this AU's
non-exempt resources did not exceed the resource limit. 
Placing the burden of proof on states in the QC process
is consistent with the fundamental principle in grants
law that the grantee has the burden of establishing that
it is entitled to grant money.  See, e.g., New York State
Dept. of Social Services, DAB No. 204 (1983); New Jersey
Dept. of Human Services, DAB No. 899 (1987).

Applying this standard to the evidence in this case, we
conclude that Texas failed to satisfy this burden because
the preponderance of the evidence establishes that the
recipient's mobile home had an equity value in excess of
the resource limit.  We reach this conclusion because ACF
offered credible evidence that the mobile home could have
been sold on the current local market for approximately
$2,000.  Below we discuss the reasons for our
conclusion.   1/

The fair market value of a resource is defined as "the
amount the resource would bring if sold on the current
local market."  Texas Income Assistance Handbook § 512. 
Based on the arguments and evidence presented in this
case, we conclude that the local market for this mobile
home was not limited to Hudspeth County, where Sierra
Blanca is located, but extended to El Paso.  We reach
this conclusion because the General Manager of Ideal
Mobile Homes in El Paso represented that he buys and
sells used mobile homes in the Sierra Blanca area. 
Further, the bank employee at the Sierra Blanca bank
represented that consumer items such as automobiles and
mobile homes are typically purchased in El Paso. 
Therefore, we conclude that the local market for this
mobile home included dealers located in El Paso, such as
Ideal Mobile Homes.

ACF provided credible evidence that this mobile home
could be sold for approximately $2,000 within the local
market:  the statement of the General Manager of Ideal
Mobile Homes.  He indicated that he would purchase a
trailer of this make, model, age, and location, if it
were in very good condition, for $2,000.  The General
Manager's evaluation of the worth of the mobile home is
supported by two other portions of the record.  First, in
determining what he would pay for this mobile home, the
General Manager apparently referred to an industry
standard for the value of this type of mobile home
(referred to in the reviewer's notes as the "base book
value").  He said that the base book value was listed as
$8,612.  The base book estimate indicates that this type
of mobile home, even though twenty-one years old, holds
some significant value over time.  Second, the value of
$2,000 dollars proposed by the General Manager is
consistent with the $2,000 value identified by a mobile
home dealer located in Lubbock.  (The Lubbock dealer's
opinion was reported by the Texas QC reviewer who
determined, pursuant to the Lubbock dealer's evaluation,
that a mobile home of this type and age had a value of
$2,000 but was not marketable in the community of Sierra
Blanca.)

Texas argued that the General Manager's evaluation was
not convincing because he did not have personal knowledge
of the condition of this particular mobile home.  We
agree that the General Manager's lack of personal
knowledge means that his evaluation was not fully
informed.  However, in the context of this record, we
conclude that his lack of personal knowledge does not
render his opinion unreliable for the following reasons.
 
 o The General Manager was apparently given
information about the condition of the mobile
home.  Both the initial federal difference
finding and the RA's decision indicated that
the federal QC reviewer informed the General
Manager of the state QC review's description of
the condition of the mobile home. 

 o Between the difference finding and its appeal
to the RA, Texas officials talked to the
General Manager.  There is no indication in the
record that they ascertained that the General
Manager was misinformed about the condition of
the home or tried to cause him to modify his
estimate based on their understanding of its
condition.

 o Only if in-person inspection would have caused
the General Manager to lower his estimate to
$775 or less would the AU be within the
resources standard.   2/  Texas has offered no
evidence to show that the mobile home was so
substandard as to reduce its value to the
extent that the General Manager would be likely
to reduce his estimate from $2,000 to $775.

 o Texas officials implicitly conceded the
expertise and reliability of the General
Manager by relying on him to identify the types
of costs that can be associated with selling a
mobile home. 

Therefore, absent some evidence that the General
Manager's opinion was based on misinformation or
confusion about the nature or condition of the mobile
home, we do not believe we should disregard his opinion.

Texas argued that the opinions of the employees at the
bank located in Sierra Blanca that the mobile home was
worth nothing or very little were more credible than that
of the General Manager because the employees were
familiar the conditions and market in Hudspeth County.  
3/  We agree with Texas that, if the market for this
trailer consisted only of individuals in the Hudspeth
County, the bank employees would be the better authority
for the value of the mobile home.  In Hudspeth County,
this mobile home may be worth nothing or very little
because there are few potential buyers, the potential
buyers are poor, financing is not available, and the cost
to an individual to move this trailer would be
significant in relation to its value.  However, as we
determined above, the market for the mobile home included
mobile home businesses located in El Paso.  When the
market is expanded in this way, the bank employees'
statements are not necessarily inconsistent with that of
the General Manager.  The General Manager's statement
shows that a mobile home business with a larger, more
affluent pool of buyers and the ability to relocate the
mobile home would be willing to buy this mobile home for
an amount which exceeds the AFDC resource limit. 
Therefore, we conclude that the opinion of the bank
employees was based on the improper assumption that the
market for the mobile home consisted only of Hudspeth
County and their evaluation does not necessarily conflict
with and should not prevail over the evaluation of the
General Manager.

Finally, Texas argued that, if the mobile home could be
sold for $2,000, certain expenses should be deducted from
that figure as "costs normally associated with the sale
and transfer" of a mobile home.  We reject this argument.
 The General Manager said that, if he were to buy the
mobile home, his price of $2,000 would not be reduced by
these costs.  Therefore, even if these costs are normally
associated with the sale of a mobile home, it appears
that his $2,000 estimate already accounted for the
expenses of sale.

Conclusion

For the preceding reasons, we conclude that Texas failed
to prove by a preponderance of the evidence that the
equity value of the AU's countable resources was within
the resource limit established by section 402(a)(7) of
the Act and therefore ACF correctly determined that this
AU was not eligible for benefits in the review month.


      __________________________
      Sara Anderson


      ___________________________
      Jeffrey A. Sacks


      ___________________________
      Leslie A. Weyn


* * * Footnotes * * *

       1.    We note that this case is based on evidence
before us and tests only Texas' verification of the value
of this recipient's resources.  Whether or not this
recipient actually has excess resources is not determined
here.
       2.    In order for the AU to be below the resource
limit, the mobile home would have to have an equity value
of not more than $775 ($225 value of the second car +
$775 value of the mobile home = $1,000).
       3.    In its Reply, Texas also indicated that one
of the employees was actually familiar with this
particular mobile home.  Texas Reply at 1, 2.  Texas
represented that the employee stated that "the mobile
home is worth nothing to the client unless she moves it,
because of the age and condition of the mobile home, and
the fact that she does not own the lot."  The record
contained no further information as to facts this
employee had about the condition of the mobile home. 
From his statement, it is impossible for the Panel to
evaluate the extent to which his knowledge of the
condition of the mobile home, as opposed to the fact the
mobile home would have to be moved, entered into his
conclusion that its value was "$0."
 

(..continued)