Q: I’ve come across a Zillow post I believe isn’t following the law.
They want an on-site manager who lives in one of their units. The units go for $2695 but they are offering $600 discount on rent. They expect this manager to have another job to supplement their income, as they won’t be paying. Is what they are asking legal or am I right on that according to California law, they cannot ask for more than $790 for one manager for the rent. I am in desperate need of a place for my daughter and I, and I feel it could be a good opportunity, but I don’t know how about speaking to them about it without losing the opportunity.
A:
The employer is required to pay you at least minimum wage for all hours worked. The employer is only allowed limited deductions for lodging credit. After the lodging credit is used you must be paid.
Whether you are compensated for on-call time is factually complex.
See the linked opinion letter from the Division of Labor Standards Enforcement.
https://www.dir.ca.gov/dlse/opinions/1998-12-28.pdf
You can raise the issue with the management company and you will likely not get the job. Or you can get the job and keep track of your hours and ask for the compensation later.
Neil Pedersen agrees with this answer
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A:
Under California law, landlords are generally allowed to offer discounts on rent in exchange for services, such as being an on-site manager. However, the terms must still comply with fair housing laws, including not discriminating against protected classes. As for the amount of rent, there isn't a specific legal limit mentioned in your scenario. To clarify the situation, you might want to consult an attorney or contact a local tenant rights organization for guidance before pursuing this opportunity.
Best regards,
James L. Arrasmith
Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith
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