Being pushed around by HR!

[halp!]

Colorado

I have been employed for 3yrs and before I began working there, I was offered housing at a 21 unit complex, exclusively for employees. I took the job contingent on getting this apt. and have been fine. I have gone from a job that had the moniker "full time" to on call, still an employee but. Now they want to take my apt. away, bc I am not a full time employee anymore. They claim it is first right of refusal but. I thought first right was for the apt complex in general - that other ordinary citizens can't live there, only employees. I am still working there, but on an on call basis, which will be every week, or other week, definitely monthly. My problem is that I have a lease, one year, resigned a few months back, for 9 more months. It is through an llc. The apt is also under the housing authority and they don't want to touch this with a 10' pole. I got my lease out, and the lease holder only expressed interest in my general employment in the lease, not full time or on call status. That makes me wonder, is HR just pushing me around with first right to refuse? I already work there! I already have a lease, and it is through the llc, not my employer! I am eligible through the housing authority and meet their guidelines! What is right of refusal? Can they kick me out?

Here is part of lease that deals with my issue:
2. Tenancy Subject to First Right of Occupancy

The Lessor hereby informs the Lessee that the Premises is subject to a first right of occupancy by employees of the Owner of the Property, and subject to a first right of occupancy by employees of the Owner/Operator of the St. Regis Hotel. This Agreement, and the tenancy of the Lessee, is subject to and subordinate to the aforementioned first right of occupancy.

It is a material condition of this Agreement that the Lessee remain an employee of the owner/operator of the St. Regis Hotel or an employee of the owner of the Property, as the case may be. In the event that the Lessee fails to continue to be so employed, then the Lessor may choose to declare a default under this Agreement and the Lessee will be required to vacate the Premises, through eviction or otherwise.

Further, the aforementioned first right of occupancy shall in no way require the Lessor to lease the Premises to any particular employee of the Owner of the Property or any particular employee of the Owner/Operator of the St. Regis Hotel. Nor shall the aforementioned first right of occupancy require the Lessor to renew any lease of the Premises to any particular employee of the owner of the Property or to any particular employee of the Owner/Operator of the St. Regis Hotel.

 

[Eekamouse]

Apparently, free housing is for full time employees which you have stated you no longer are.

 

[halp!]

Apparently, free housing is for full time employees which you have stated you no longer are.

Sorry I had a feeling this would be an incomplete view of my version of the truth. I have tried and tried to find the answer on google but a lot of the sites are about farm work etc.

I took the job bc they were able to offer housing in a complex that only their employees live in. I am still an employee. It is not free housing. I pay rent, it is not subsidized by my employer. I had to go through the housing authority and their guidelines to qualify for the housing, but pay rent to an llc who writes my lease. That is why I copied part of the lease above, to show there is no stipulation in the lease itself about hours worked and status. It is a benefit to live there, and only employees live there but. Compared to market rate apts in Aspen, it is a cost saver for sure. My problem is with right of refusal, is that to live there? Because I meet every other guideline in the lease. I asked HR if I signed any other paper saying that I would be ineligible if I changed my status and they came up with right of refusal, not anything about status

 

[LdiJ]

Sorry I had a feeling this would be an incomplete view of my version of the truth. I have tried and tried to find the answer on google but a lot of the sites are about farm work etc.

I took the job bc they were able to offer housing in a complex that only their employees live in. I am still an employee. It is not free housing. I pay rent, it is not subsidized by my employer. I had to go through the housing authority and their guidelines to qualify for the housing, but pay rent to an llc who writes my lease. That is why I copied part of the lease above, to show there is no stipulation in the lease itself about hours worked and status. It is a benefit to live there, and only employees live there but. Compared to market rate apts in Aspen, it is a cost saver for sure. My problem is with right of refusal, is that to live there? Because I meet every other guideline in the lease. I asked HR if I signed any other paper saying that I would be ineligible if I changed my status and they came up with right of refusal, not anything about status

You need to consult a real estate attorney who can actually review your lease.

 

[justalayman]

It doesn’t appear the lease requires you to be a full time employee, or even work at all as long as you are still considered to be an employee. Of course you have presented one part of the lease. Contracts must be read in their entirety to determine their intent.

Given they do want you to move and the section you provided states they have a right to terminate the lease and even evict you if necessary, I suggest you engage an attorney to review the entire lease to determine whether they actually have a right to terminate the lease based on the conditions at hand. If they do have a right, it would be better to comply with the demand to leave. If they belive they have the right, they can sue to evict you and you will either have to capitulate or defend yourself.


Of course, if the only thing preventing them from terminating the lease is your employment, unless you have a contract to remain employed for any specific time, they can terminate your employment and then have a valid basis to demand you vacate the apartment. You might want to tread lightly as refusing to leave may end up involving more than just living there.

 

[LdiJ]

It doesn’t appear the lease requires you to be a full time employee, or even work at all as long as you are still considered to be an employee. Of course you have presented one part of the lease. Contracts must be read in their entirety to determine their intent.

Given they do want you to move and the section you provided states they have a right to terminate the lease and even evict you if necessary, I suggest you engage an attorney to review the entire lease to determine whether they actually have a right to terminate the lease based on the conditions at hand. If they do have a right, it would be better to comply with the demand to leave. If they belive they have the right, they can sue to evict you and you will either have to capitulate or defend yourself.


Of course, if the only thing preventing them from terminating the lease is your employment, unless you have a contract to remain employed for any specific time, they can terminate your employment and then have a valid basis to demand you vacate the apartment. You might want to tread lightly as refusing to leave may end up involving more than just living there.

I wholeheartedly agree with you. However, if this is one of those situations where the employer is providing affordable housing because otherwise the employees could not afford to live in the area and therefore could not take the jobs (think Vail, Aspen and other similar areas) then the OP would likely have to quit the job and move out of the area if the employee cannot keep the employee housing anyway.

 

[Dandy Don]

Do you have the same job title now that you had before you were placed at "on call" status?
What is your job title or give a brief description of your duties.
Has your income been affected by this change--are you earning less income or about the same income?
Is your housing placement through the housing authority based on your income?
Are you a participant of the housing authority's Section 8 Program or not?

If at all possible you should discuss this with someone at the Colorado Housing Authority or an attorney.
If you are required to report any changes of income to the Housing Authority, they can tell you if you still qualify to live in your current place, with reduced rent if your income is reduced.

Can you afford to live in another apartment in that area?
Have you tried to find out if other residents/co-workers in your building have been treated similarly?