Legal Considerations for Homesharing

The Houseguest is a Household Employee, Not a Tenant

Your Rights and Responsibilities

When you welcome a houseguest through the Home Sweet Homeshare platform, they are considered, from a legal perspective, an employee of the homeowner, not a traditional tenant. This means that the homeowner must follow all state and federal labor laws and regulations. The homeowner and houseguest have certain rights and responsibilities within this context.

Our legal homesharing agreements are structured around 10 hours of work per week – no more, no less.

This arrangement allows a houseguest to maintain a separate full-time job while still contributing to the household and enjoying the benefits of reduced rent. This also ensures that the houseguest can pay the monthly rent.

The Homesharing Agreement

Clarity and Transparency

To ensure that both parties have a clear understanding of their roles and expectations, Home Sweet Homeshare provides a comprehensive written agreement.

By having these terms clearly defined, both houseguests and homeowners can enter into the arrangement with confidence and peace of mind.

This agreement outlines key aspects of your homesharing arrangement, including:

Work schedule and job duties

Home Sweet Homeshare will help define the job duties and the reasonable timeframe to complete those tasks.

Rest periods and breaks

By law, Houseguests must take a 30 minute break every 6 hours of work and cannot work more than 8 hours per day, and no more than 16 hours per week.

Sick leave policy

Houseguests earn 1 hour of sick leave for every 30 hours of work. We encourage houseguest not to work when sick.

Holidays, vacation, and personal days

Houseguests have some flexibility on when they can perform the 40 hours of work per month. They can "bank" or "make-up" hours in a given month to allow for holidays, vacation, and personal days. However they must not work more than 16 hours in any week.

Process for raising and resolving concern

Home Sweet Homeshare customer success team will help navigate disputes and help resolve any concerns with the quality of work being performed with training modules to improve performance.

Designated areas of the home for the houseguest and homeowner

The home will be segmented into 3 areas - homeowner only, houseguest only, and shared space - to ensure that the homeowner and houseguest have private space all thier own.

Circumstances under which the homeowner may enter the houseguest's living space

There are emergencies which require access to the houseguest living space to perform repairs, such as a leaking pipe.

Grounds for termination of the agreement

Home Sweet Homeshare will clearly define the legal terms in which the homeowner and houseguest can terminate the living arrangement.

The Right to a Fair and Equitable Work and Housing Environment

Protection Against Discrimination

As a houseguest and household employee, you are protected against discrimination based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, age, or disability. This includes protection against sexual harassment.

Home Sweet Homeshare is committed to ensuring that all homesharing arrangements are free from discrimination and harassment of any kind by either party or associates of either party. Violations of this policy will result in termination of the agreement.

Basic Features Required to Share Your Home

Minimum Requirements for a Bedroom

As a Houseguest, you will have a minimum of 80 Square feet (8'x10' bedroom) that is your exclusive private space. Each bedroom must have at least 2 exits in case of a fire - i.e. window and a door. Here are the other features that are required of the homeowner before we seek houseguests.

Fire Safety And Carbon Monoxide Detectors

There must be at least one carbon monoxide detector and smoke detector in the bedroom.

No Pests

Homeowners are required to maintain a livable environment without rodents, roaches, or bed bugs.

Heat

Homeowners are required to offer air heat to their residents that’s above 68 degrees Fahrenheit.

Hot And Cold Water

Houseguests will have access to hot and cold running water in the kitchen and a bathroom.

A Window

It is illegal to offer a bedroom without a window.

Mail

Homeowners are required to allows for houseguests to arrange for mail to be delivered to them.

Ensuring Quality Work and a Positive Living Arrangement

Monthly Performance Evaluations

To foster a successful home sharing experience, Home Sweet Homeshare conducts monthly check-ins with both houseguests and homeowners. Through a simple text survey, every month we gather feedback on the quality of the houseguest's work and the overall health of the living and working relationship.

Homeowners will rate the houseguest's performance on a scale from 1 to 10, with 10 being the highest level of satisfaction. Houseguests are expected to maintain a score of 8 or above to demonstrate their commitment to their role and the homesharing arrangement.

If a houseguest receives a score below 7, our dedicated customer success team will step in to mediate the situation and provide support and training. The houseguest will have 30 days to improve their performance and the working relationship with the homeowner. If the houseguest is unable or unwilling to make the necessary improvements, the agreement may be terminated with cause.

Your Rights in the Event of a Work-Related Injury

Injuries at Work

At Home Sweet Homeshare, your safety is our top priority. We work diligently to ensure that the home is safe and habitable before initiating a homesharing arrangement. However, we understand that accidents can happen, and we want you to know that you're protected.

If you are injured while performing your duties as a houseguest, you may be eligible for workers' compensation benefits.

Home Sweet Homeshare has general liability insurance and workers' compensation insurance, you may be entitled to compensation for medical care if you miss more than 5 days of work due to a work-related injury or illness.

Vacation, Personal Days, and Sick Leave

Balancing Work and Personal Well-being

The houseguest and homeowner will agree on vacation and personal days as part of your homesharing arrangement. Home Sweet Homeshare will help navigate this arrangement to be fair to both parties.

Additionally, the houseguest has the legal right to earn 1 hour of sick time for every 30 hours worked, up to 40 hours of sick leave per year.

While Home Sweet Homeshare will outline the days and times when work is expected to be completed, Houseguests will be allowed to "Bank" or "Make-up" hours within 30 days to accommodate planned vacation or unplanned sickness.

The houseguest, also has the option to pay an additional $800 per month in rent if they are unable to perform the 40 hours of work in a month due to an extended abscence.

Staying Connected While Homesharing

Phone and Internet Access for Live-in Workers

As a houseguest, you are free to keep in touch with friends and loved ones. A homeowner is not legally allowed to prevent you from maintaining relationships outside of the home.

If your homeowner has internet service, they must provide you with free and reasonable access to these services. (They may block some objectionable sites.)

In the event that they do not have Internet service, they must allow you reasonable opportunities to access the internet at your own expense.

As a houseguest, you can get a mobile phone at your own expense.

If your homeowner had a landline phone, they must provide you with free access to make calls throughout the US. For international calls, the houseguest will need to reimburse the homeowner for those expenses.

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FAQs

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Q: What happens if I am fired by the homeowner?

A: We understand that the thought of being fired can be stressful. If you are fired by the homeowner, Home Sweet Homeshare will work closely with you to understand the situation and provide support. Depending on the circumstances, you may be entitled to advance notice, severance pay, or assistance with finding new housing. Our team is here to guide you through the process and ensure a fair outcome.

If you are fired, the homeowner must provide you with written notice and either 30 days of housing in your current location (or similar housing) or severance pay equal to your average pay for 2 weeks ($400).

If you are fired for cause, the homeowner must give you written notice and a reasonable opportunity of at least 48 hours to move out.

Home Sweet Homeshare will assist the houseguest in finding alternative accommodations quickly to minimize any contentious situations.

Q: What should I do if I experience discrimination or harassment in my homesharing arrangement?

A: If you experience discrimination or harassment based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, age, or disability, contact Home Sweet Homeshare immediately.

We are committed to ensuring that all homesharing arrangements are free from discrimination and harassment.

Q: What happens if I lose my day job and may struggle with paying rent?

Contact Home Sweet Homeshare immediately, and relay the situation to the homeowner in writing.

Home Sweet Homeshare will work with you and the homeowner to find a path forward.

The homeowner may choose to have you work additional hours on other projects around the home to compensate for the shortfall in rent in a given month. Home Sweet Homeshare will help ensure that the new arrangement does not violate state or federal labor laws.

Q: How does Home Sweet Homeshare work to prevent elder abuse in homesharing arrangements?

A: Home Sweet Homeshare takes the safety and well-being of elderly homeowners very seriously. We conduct thorough background checks and screenings of all potential houseguests to identify any history of abusive or exploitative behavior.

Additionally, our regular check-ins with homeowners and houseguests help us monitor the health and safety of the homesharing arrangement and quickly identify any potential issues or red flags.

Q: What should I do if I suspect that an elderly homeowner is being abused by a houseguest?

A: If you suspect that an elderly homeowner is being abused by a houseguest, it's essential to report your concerns immediately. Contact Home Sweet Homeshare's support team, and we will work with the appropriate authorities, such as Adult Protective Services and law enforcement, to investigate the situation and ensure the safety and well-being of the homeowner. Remember, it's always better to err on the side of caution when it comes to potential elder abuse.

Understanding the Legal Aspects of Homesharing