Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 4.00 - Rates › Section 4.03 - Rents and Meals to be Paid by State Employees

Current through Register 1525, July 5, 2024
(1)
Housing Charges
:
			 The monthly charge for any housing unit provided by a state agency, facility,
			 department, or institution, for the use of any state employee shall be
			 calculated in accordance with 801 CMR 4.03(1).
(a) State agencies may enter into housing
			 agreements with state employees for the occupancy of state property only if
			 such occupancy has been determined by the Secretary for that agency to be in
			 the best interest of, and necessary for, the operation of the agency and for
			 the benefit of the Commonwealth.
(b) All agreements for employee housing shall
			 be in writing for a term of one year and shall be executed by the employee, the
			 head of the agency with care and control of the state property and the
			 Secretary of that agency. The housing agreement shall conform with the form of
			 residential housing agreement prepared by the Division of Capital Planning and
			 Operations. Such housing agreement shall clearly state the housing charge
			 calculated in accordance with 801 CMR 4.03(1)(d) as well as any reduction in
			 the housing charge calculated in accordance with 801 CMR 4.03(1)(e). The
			 housing agreement shall include a clear description of the premises to be
			 occupied by the employee, including any limitations on the use of the premises
			 to be occupied by the employee, including any limitations on the use of the
			 premises by the employee, any other state or public uses to be made of the
			 premises and a diagram illustrating the interior of the premises and detailing
			 the areas to be occupied.
(c) The
			 housing agreement shall contain a clearly articulated statement supporting the
			 occupancy of the premises by the employee in accordance with the requirements
			 of 801 CMR 4.03(1)(a). Execution of the housing agreement by the Secretary for
			 the agency will satisfy the determination requirement in 801 CMR
			 4.03(1)(a).
(d) The housing charge
			 for the premises shall be established by the agency and shall equal the fair
			 market rent for the premises as established by an independent appraisal. An
			 independent appraisal shall be performed at the initial inception of the
			 housing agreement and at least once every five years thereafter. The housing
			 charge shall be paid by payroll deduction. At the end of the first term and
			 every year thereafter, until a new independent appraisal is performed, the
			 housing charge shall be adjusted based on the consumer price index annual
			 average for all urban consumers (CPI-U) Boston, Massachusetts, or an equivalent
			 successor index, as published by the Bureau of Labor Statistics, U.S.
			 Department of Labor or its successors.
(e) The agency may reduce the housing charge
			 to be paid by the employee by an amount equal to the value of the series the
			 employee shall provide, which shall be clearly stated in the housing agreement,
			 provided that the reduction does not exceed 50% of the fair market rent. The
			 value of such services shall be calculated by multiplying the employee's hourly
			 wage rate by the minimum number of hours the employee will be required to
			 perform services related to the property, such as nightly security checks,
			 maintenance, public information, etc., but only to the extent such tasks are
			 not part of the employee's regular work hours. Such calculations shall be
			 included in the housing agreement.
(f) Any such housing agreement shall provide
			 that in the event that the employee dies while occupying the premises, any
			 family members who are occupying the premises and are specifically named in the
			 housing agreement may continue to occupy the premises for one year following
			 the death of the employee at the same housing charge rate as the employee was
			 paying at the time of his or her death.
(2)
Meals
						  Charges.
(a)
Meals to State
						  Employees
.
Breakfast
$0.90 Ea. Meal
Lunch & Dinner
$1.35 Ea. Meal
(b)
Staff Dining
						  Room
.
Breakfast
$1.05 Ea. Meal
Lunch & Dinner
$1.60 Ea. Meal