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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 1768 (March 27, 2021).

55 Pa. Code § 4300.48. Occupancy.

§ 4300.48. Occupancy.

 (a)  The Department will participate in the cost of occupancy expenses.

 (b)  The Department will participate in the costs for buildings and offices rented by the county/joinder for use by the county program. The amount of rent charged to a given program shall be prorated in direct relation to the amount of space utilized by the program. The cost of rent may not exceed the rental rate for similar space and use in that geographical area.

 (c)  The Department will participate in maintenance, housekeeping and utility costs for county-owned buildings. The amount charged shall be on a pro rata basis.

 (d)  Mortgaged real estate which is owned and utilized by a county/joinder may be charged to the Department, except that no charge may be made for the refinancing of buildings unless a lower interest rate is available. The original amortization period may not be extended. Departmental participation is limited to the mortgaged cost associated with acquisition or renovation/improvement/repair/maintenance, or both, of property. The amount of these charges shall be the lesser of the fair rental value of the space and use, or the actual cost of the principal and interest incurred in the mortgage amortization, including any amortized minor or major renovation/improvement/repair/maintenance costs. The amount charged shall be prorated in relation to the percentage of space used by the program.

   (1)  The Department will participate in closing costs and downpayments required by lending institutions for the acquisition of real estate to be used for the county mental health and intellectual disability program. The Department will participate in a downpayment not to exceed 25% of the property value. Real estate purchased with a downpayment reimbursed by the Department shall be used in the county program for at least 5 years.

   (2)  If the real estate is not used for 5 years, the part of the downpayment funded by the Department, proportionately equal to the remaining unused time in the 5 year period, shall be refunded by the county to the Department.

 (e)  The purchase price or the total mortgaged value of the property—that is, the sum of mortgages on the real value—at the time of purchase may not exceed the fair market value of similar real estate in the geographic area. Fair market value will be determined by appraisal and the Department will not participate in that portion of mortgage cost which exceeds the limits established by an appraisal.

 (f)  Fair rental value shall be determined by securing an estimate from a licensed real estate appraiser. Calculation of the fair rental value of real estate may not include the value of minor renovations, assets or operating costs paid with Departmental funds. Appraisals shall be in writing and specify the valuation approach and other components used in the estimation of the fair rental value.

 (g)  Purchase real estate shall be amortized for a minimum of 10 years.

 (h)  Costs as specified in §  4300.65 (relating to renovations, improvements, repairs and maintenance) may be included as an expense to the Department as described in subsection (d). The total expense—the amortized cost of both the mortgage and the renovations, improvements, repairs and maintenance—may not exceed the fair rental value of the space that is utilized.

 (i)  The Department will participate in the cost of utilities, such as heat, electric, water, sewage and fuel necessary for occupancy of a building.

 (j)  The Department will participate in the cost of required occupancy related taxes. The Department will not participate in penalties resulting from delinquent tax payments, including legal fees.


   The provisions of this §  4300.48 amended under sections 201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. § §  4201(2) and (8) and 4202).


   The provisions of this §  4300.48 amended June 17, 2016, effective June 18, 2016, 46 Pa.B. 3177. Immediately preceding text appears at serial pages (213184) to (213185).

Cross References

   This section cited in 55 Pa. Code §  4300.41 (relating to applicability); 55 Pa. Code §  4300.64 (relating to real estate); and 55 Pa. Code §  4300.87 (relating to occupancy).

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