New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter III - Department Facilities › Part 62 - Fees For Service-office Of Mental Retardation And Developmental Disabilities › Section 62.2 - Charges for use of space on state-owned or leased property by nonstate government entities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All nonstate
				government entities occupying space in buildings owned or leased by the State
				shall be charged a fee or rental for that space in conformance with this Part
				and with policies and procedures established by the commissioner and approved
				by the Director of the Budget.
(1) Nonstate
				government entities include, but are not limited to municipal government
				agencies, authorities and corporations; not-for-profit corporations; private
				business interests and Federal government agencies.
(2) Approval for long-term occupancy of space
				shall rest with the commissioner and the Director of the Budget. Long-term
				occupancy is defined as the continual occupancy for more than five days by a
				nonstate government entity whether or not for the purpose of providing programs
				or services for clients and/or employees and where such space will not be used
				for any other purpose than that specified in the application for use.
(3) Approval for temporary use of space may
				rest with the administrator of the facility; a fee may be charged at the
				discretion of the administrator in conformance with current policies and
				procedures issued by the commissioner. Temporary occupancy is defined as
				one-time or occasional use of facility space or use for five or fewer
				consecutive days.
(4) In-kind
				services in lieu of fees or rentals (monetary consideration) may be agreed to
				in accordance with paragraph (5) of this subdivision.
(5) Standards for calculating fees or rentals
				and for determining the adequacy and/or appropriateness of in-kind services
				shall be determined or approved by the Director of the Budget.
(6) Space made available for use by nonstate
				entities shall not currently be available for sale or lease as
				surplus.
(7) A fee or rental shall
				be charged through the execution of a revocable permit or lease for space
				occupied.
(8) Either through such
				revocable permit or lease, charges shall be made for ancillary costs including
				but not limited to utilities, maintenance and security.
(9) The occupant shall be charged for all
				renovations made on behalf of said occupant.
(10) Nonstate government entities occupying
				space on August 1, 1982, which is owned or leased by the State, shall be
				charged a fee or rental for such space immediately upon determination of such
				fees or rentals by the Office of Mental Retardation and Developmental
				Disabilities and which have been reviewed and approved by the Director of the
				Budget. Full implementation of such charges shall take place no later than July
				1, 1983.
(11) Nonstate government
				entities occupying space before August 1, 1982, which is owned or leased by the
				State, need not be charged for the period prior to this date unless an existing
				agreement already provided for that entity to pay such charges or other
				considerations. Existing agreements may be modified to be made consistent with
				the provisions of paragraph (10) of this subdivision. However, existing
				agreements for charges or other considerations as of August 1, 1982 may not be
				cancelled or modified without the approval of the Director of the
				Budget.