N.Y. Comp. Codes R. & Regs. tit. 9 § 137.1

Current through Register Vol. 46, No. 43, October 23, 2024

Section 137.1 - Living quarters rates

Fair values of living quarters are established according to location, type, size and quality of accommodations. Agencies are responsible for applying location and quality classifications as defined in this section. However, classifications which have been previously established shall not be revised without prior approval of the Director of the Budget. Exceptions to this section are made only by the Director of the Budget.

(a)Location classifications.

Rents vary depending in part on the location of the residence. The four location classifications to be used in computing rents are defined as follows:

Metropolitan	-	New York City and all residences and State properties classified as urban/suburban within Rockland, Westchester, Nassau and Suffolk Counties.
Urban/Suburban	-	residences located in or within 10 miles of communities with over 50,000 population, as determined by the latest Federal census.
Town/Village	-	residences in or within 10 miles of communities with 50,000 population or less, as determined by the latest Federal census.
Rural	-	residences located more than 10 miles from any community.

(b)Quality ratings.

Rents also depend in part on their quality. Residential quality is identified by one of the following four classifications:

Quality rating	Definition
Excellent	The residence provides privacy and comfortable living in all major respects.
Good	The residence has some limitations on privacy or provides comfortable living in most major respects.
Fair	The residence has substantial limitations on privacy or fails to provide comfortable living in only some respects.
Poor	The residence lacks a minimal amount of privacy or fails to provide comfortable living in most major respects.

The location of a residence is not considered in determining the quality rating as it affects the privacy of the occupants.

(c)Monthly room rates.

(1) By applying the location classification determined in accordance with subdivision (a) of this section, and the quality rating determined in accordance with subdivision (b), the monthly room rate for a particular residence can be obtained from the following table:

MONTHLY ROOM RATES

(i) Rates effective September 26, 1985.

Location
classification	Quality rating
Excellent	Good	Fair	Poor
Metropolitan	$99	$89	$77	$66
Urban/Suburban	84	74	64	55
Town/Village	70	61	53	45
Rural	55	48	41	36

(ii) Rates effective April 1, 1986.

Location
classification	Quality rating
Excellent	Good	Fair	Poor
Metropolitan	$114	$102	$89	$76
Urban/Suburban	97	85	74	63
Town/Village	81	70	61	52
Rural	63	55	47	41

(iii) Rates effective April 1, 1987.

Location
classification	Quality rating
Excellent	Good	Fair	Poor
Metropolitan	$131	$117	$102	$87
Urban/Suburban	112	98	85	72
Town/Village	93	81	70	60
Rural	72	63	54	47

The monthly room rate is the base amount from which all other computations are made in determining the rental rate of residences, given their particular size and characteristics. The monthly room rate includes charges for heat and utilities.

(2) No additional charge is made for furniture that may have been provided by the State. Similarly, the State neither charges for nor provides personal furnishings such as drapes or carpets. The State does not provide linens, towels, soap, or other similar household items to staff houses or apartments. The State does provide stoves and refrigerators for such residences.

(3) Methods for computing rental rates are included in the following four subdivisions.

(d)Multi-room units.

The rates for houses, apartments and suites are computed as follows:

First room ..................................................	100 percent of monthly room rate.
Second room .......	Add 75 percent of monthly room rate.
Third to tenth rooms, inclusive, for excellent quality residences ...................................................	Add 50 percent of monthly room rate per room.
Third to seventh rooms, inclusive, for good and poor quality residences ...................................................	Add 50 percent of monthly room rate per room.
(There are no charges for rooms in addition to the above seven and ten rooms.)
Kitchen ...................................................	Compute as 100 percent of the monthly room rate and count as the second room.
Kitchenette ..................................................	Compute as 50 percent of the monthly room rate and do not count as a room.
Full bathroom ..................................................	Compute as 50 percent of the monthly room rate per bathroom.
Half bathroom ..................................................	Compute as 20 percent of monthly room rate.

Maximum charges for full and half bathrooms are: 2 1/2 baths for residences classified excellent, 1 1/2 baths for residences classified good, and one bath for residences classified poor.

(e)Rate adjustments for apartments and houses.

Once the full monthly rental for the residence has been determined in accordance with subdivisions (c) and (d) of this section, the following reductions are made only where applicable to apartments and houses:

Heat not provided .......	Subtract 15 percent of full rental rate.
Electricity not provided .......	Subtract five percent of full rental rate.
Gas or cooking fuel not provided .......	Subtract five percent of full rental rate.
Stove and refrigerator not provided .......	Subtract five percent of full rental rate.
Interior running water supply not provided .......	Subtract five percent of full rental rate.

(f) The rates for single rooms, except those in a dormitory housing three or more employees, are computed as follows:

Single room with shared bathroom .......	100 percent of monthly room rate.
Single room with wash basin .......	110 percent of monthly room rate.
Single room with toilet .......	110 percent of monthly room rate.
Single room with private bath .......	150 percent of monthly room rate.

Rents for two-room suites are computed through the provisions of subdivisions (c) and (d) of this section. The State usually provides furnishings for single rooms and two-room suites.

(g)Shared residences.

(1) Rates for dormitories.

The rent charged to an individual, where three or more employees reside in a dormitory room, is 60 percent of the full monthly room rate. This rate is charged to each occupant of a dormitory unit, with no charge for additional facilities.

(2) Rates for two or more employees.

Where any residence is shared by two or more employees, each employee pays 75 percent of the full rental rate. This provision does not apply when employees are members of the same family, in which case 100 percent of the full rental rate is charged. This provision also does not apply to units in a dormitory where three or more employees reside.

(3) Personally assigned State employees.

No charge is made for rooms in State-owned residences occupied by personally assigned State employees.

(4) Guest rooms.

Rooms other than those regularly assigned and charged to the host employees which are occupied by nonofficial guests visiting employees with the approval of the head of the institution are charged at a daily rate of ¹/₃₀ of the full rent for the residence.

(h)Residences rented for employees from private parties.

Employees occupying residences rented by the State from private parties are charged at the actual cost to the State for such residences. These charges include any facilities or utilities provided or paid for by the State. Charges for such rented residences are computed on the basis of the actual cost to the State even where the charges exceed full rents as computed in accordance with subdivisions (a) through (g) of this section.

(i)Rental responsibility.

No reduction in rent is allowed for any absence. If the resident employee is off the State payroll, he continues nevertheless to be responsible for the rental charge until he officially gives up his assigned quarters and vacates the premises of all his personal property.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 137.1