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

(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.