Free Shelter From The Storm Not Free Of Risks by Broderick Perkins
Generous home and property owners who invite strangers in from the storm enter a gray area of housing that isn't without its risks for both guests and property owners. The grassroots efforts that in some cases moved faster than the federal government to provide online forums for those willing to open their homes to displaced residents from the Gulf Shore was a commendable example of American generosity. Property owners and those finding housing, however, need to be aware that the free websites and relief agencies have clearly indicated the potential for liability risk. For example, each "free shelter" website comes with a disclaimer, waiver or other proclamation designed to free website owners -- and, in some cases, the property owner and the guest -- of any liability. Also, federal agencies and official relief operations have been unwilling to publicly endorse an upstart free housing website, because that agency effectively would become responsible for the many "volunteer" home or property owners and take on uncalculated risk. While there are local, state and federal renter and landlord rights, rules and responsibilities when even discounted rent is charged, provided a rental contract, lease or some agreement is part of the deal. There are few if any consumer and property owner protections in place to cover the unprecedented outpouring of offers for free shelter, legal experts say. When shelter is free, if a dispute arises between the guest and the property owner, unless there is evidence of crime, local authorities are reluctant to intervene. Inviting a guest into your home for any length of time could trigger homeowner insurance problems, concerns from the governing homeowners association and zoning and occupancy ordinances that permit only a limited number of people in a given structure. Breaking the law or going against rules could put you in a position where you can't help. Also, consider that your guest may need more help than you can provide in terms of physical, psychological, social and financial matters. It might be a better idea to show your generosity by volunteering with an official housing operation. Also consider joining others who want to help provide housing. As a group, pool your cash and pay rent for housing. If you insist on opening your own home to strangers in need, the American Bar Association suggests doing so with a contract that documents and defines the relationship, its duration, rent, if any and other details. It's also a good idea to consult with a real estate attorney or otherwise obtain professional assistance to help you draft a contract and discuss legal matters related to your decision to host a guest. Before you move anyone into your home, check with your insurer, local habitation and zoning laws and, if applicable, your homeowners association. And don't be so moved to help that you roll a bed into your garage, backyard shed or other facility that's not legally designed for human habitation. You'll only make matters worse for someone you are trying to help if they get booted because, in your exuberance you neglected to make sure the shelter you provide is legal shelter. You must also screen your guests and ask pointed questions, advises advocacy and lobbying group MoveOn.org, which reported more than a quarter million beds have been volunteered through its website. "We can make no guarantees about the people who contact you, so please use common sense. However, you will be able to contact the person requesting housing and decide whether to offer housing," the website advises. MoveOn.org offers the online self-help section, "I Want To Host But I Have Concerns," which answers hosts questions about donating shelter. The website also suggest some questions hosts should ask potential guests, including: - Who will you be bringing?
- How long do you hope to stay?
- What are your expectations of me?
- What is your background?
- What will you do if and when I can no longer house you?
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