N.Y. Comp. Codes R. & Regs. tit. 14 § 62.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 62.2 - Charges for use of space on state-owned or leased property by nonstate government entities

(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.

(b) Exemptions to the provisions of this Part are as follows:

(1) exemptions granted as a result of a specific request pursuant to the following provisions:

(i) application for such an exemption shall be made to the commissioner on an individual basis, and shall be accompanied by documentation justifying the request for exemption;

(ii) after approval by the commissioner, each request shall be reviewed and approved by the Director of the Budget; and

(iii) each such exemption shall be granted on an individual basis;

(2) providers of child care services, which are subject to policies set forth by the Director of the Budget; and

(3) employee housing, which is subject to policies set forth by the Director of the Budget.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 62.2