Unlicensed Beds

Definition of Unlicensed Beds

In the context of commercial mortgages—specifically within healthcare real estate such as assisted living facilities, skilled nursing facilities, and residential care homes—Unlicensed Beds refer to physical sleeping accommodations or units within a facility that are occupied by residents but are not officially sanctioned or recognized by the governing state or local regulatory health authorities. While these beds may exist physically and generate revenue, they do not hold the necessary Certificates of Need or operating licenses required to provide regulated care services.

Detailed Description and Mortgage Implications

The distinction between licensed and unlicensed beds is a critical factor in the underwriting, valuation, and risk assessment of a commercial loan. Below is a detailed breakdown of how unlicensed beds impact commercial mortgages:

• Valuation and Appraisal: Appraisers typically value healthcare facilities based on their income-producing potential. However, most commercial lenders will only attribute value to the licensed capacity of a building. Even if a facility is successfully operating "unlicensed beds" and collecting rent, a conservative lender may exclude that income from the valuation, potentially resulting in a lower appraised value and a lower loan amount.
• Underwriting and DSCR: When calculating the Debt Service Coverage Ratio (DSCR), lenders generally focus on "stabilized" and "legal" income. Income derived from unlicensed beds is often viewed as high-risk or volatile. If a regulatory body forces the facility to cease using those beds, that income disappears instantly. Therefore, lenders may "haircut" or completely remove this revenue from their financial projections.
• Regulatory and Legal Risk: Operating unlicensed beds can lead to severe penalties, including heavy fines, loss of the facility’s primary license, or immediate closure by state health departments. From a lender’s perspective, this creates a significant default risk. A mortgage agreement often contains covenants requiring the borrower to remain in full compliance with all local and state healthcare regulations.
• Insurance Complications: Professional liability and general liability insurance policies for healthcare facilities are often tied to the number of licensed beds. If an incident occurs involving a resident in an unlicensed bed, the insurance provider may deny the claim, leaving the property owner—and by extension, the lender's collateral—vulnerable to massive legal liabilities.
• Reimbursement Eligibility: Unlicensed beds are ineligible for government reimbursement programs such as Medicare or Medicaid. In facilities that rely heavily on these funding sources, the presence of unlicensed beds can complicate the "payor mix" and create accounting challenges during the due diligence phase of a commercial mortgage application.

In summary, while unlicensed beds may represent an attempt by a facility owner to maximize physical space and cash flow, they are generally treated as non-conforming assets in the commercial mortgage industry. Borrowers seeking financing should be prepared for lenders to base loan terms strictly on the capacity documented in the facility’s official state license.