Is It Risky to Provide an Apartment to a Home Aide as a Job Benefit?

Q: Our household owns and operates a small residence constructing in Manhattan. My husband and I reside within the ground-floor unit, and the residence two flights up is vacant. Because my husband has a power illness, we’re exploring choices for dwelling care. Could we offer that vacant residence, which is market price, to a house aide as an employment profit? What would occur if the connection doesn’t work out and we need to substitute the aide with another person? Would they nonetheless have rights to the residence, or might we straight tie the housing to the job?

A: People actually rent live-in dwelling well being aides to help in care, and you should use an residence you personal for this function. But first it’s best to be sure that the phrases of the settlement are clearly spelled out.

Enter into an employment license settlement with whomever you rent, tying occupancy of the residence to employment and making it a part of the compensation bundle. In the settlement, specify that the license expires upon termination of the job by you or the worker.

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With a market-rate residence, “the risks are fairly minimal,” mentioned Sherwin Belkin, an actual property lawyer and accomplice on the Manhattan regulation agency Belkin Burden Goldman. “I’ve had many clients that provide apartments to employees.”

But what occurs if the working relationship sours? “Once in occupancy, there is always a risk that the home aide might refuse to leave if the employment ends,” Mr. Belkin mentioned. If you correctly doc the settlement, together with penalties for failing to vacate in a well timed method, it is possible for you to to recuperate possession of the residence — hopefully with out drama, however presumably by the courts.

You also can restrict your dangers with a radical vetting course of. Interview candidates. Hire somebody by an employment company that screens candidates. Or, in the event you rent somebody by yourself, conduct a radical background examine. For steering, contact a corporation just like the Family Caregiver Alliance, which presents help for caregivers.

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