42-12053. Criteria for distinguishing primary residential property, secondary residential property and rental property

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. For the purpose of classifying residential property under sections 42-12003, 42-12004 and 42-12052, a parcel is not considered a secondary property or rental property if the property is occupied by a member of the owner's family, who must be:

1. The owner's natural or adopted child or a descendant of the owner's child.

2. The owner's parent or an ancestor of the owner's parent.

3. The owner's stepchild or stepparent.

4. The owner's child-in-law or parent-in-law.

5. The owner's natural or adopted sibling.

B. For the purpose of classifying owner-occupied residential property under sections 42-12003, 42-12004 and 42-12052, the department shall adopt standard criteria for use in determining whether the property is considered to be the owner's or relative's primary residence, including:

1. The period of occupancy each year.

2. The owner's registered voting precinct.

3. The owner's driver license address.

4. The registration address of the owner's motor vehicles.

5. Other appropriate indicators of primary residency.