Q: Our household owns and operates a small condo constructing in Manhattan. My husband and I stay within the ground-floor unit, and the condo two flights up is vacant. As a result of my husband has a persistent illness, we’re exploring choices for dwelling care. May we offer that vacant condo, which is market fee, to a house aide as an employment profit? What would occur if the connection doesn’t work out and we wish to substitute the aide with another person? Would they nonetheless have rights to the condo, or may we instantly tie the housing to the job?
A: Individuals definitely rent live-in dwelling well being aides to help in care, and you should use an condo you personal for this goal. However first it is best to guarantee that the phrases of the settlement are clearly spelled out.
Enter into an employment license settlement with whomever you rent, tying occupancy of the condo to employment and making it a part of the compensation bundle. Within the settlement, specify that the license expires upon termination of the job by you or the worker.
With a market-rate condo, “the dangers are pretty minimal,” stated Sherwin Belkin, an actual property lawyer and companion on the Manhattan legislation agency Belkin Burden Goldman. “I’ve had many purchasers that present residences to workers.”
However what occurs if the working relationship sours? “As soon as in occupancy, there’s all the time a danger that the house aide may refuse to go away if the employment ends,” Mr. Belkin stated. When you correctly doc the settlement, together with penalties for failing to vacate in a well timed method, it is possible for you to to get better possession of the condo — hopefully with out drama, however presumably by means of the courts.
You can too restrict your dangers with a radical vetting course of. Interview candidates. Rent somebody by means of an employment company that screens candidates. Or, when you rent somebody by yourself, conduct a radical background test. For steering, contact a company just like the Household Caregiver Alliance, which gives help for caregivers.