Farm Provided Housing Guide (download the full guide here)

It’s spring and many of you are welcoming or preparing to welcome employees back to your farm. If you offer housing for your workers Cornell Ag Workforce Development has developed a guide to farm provided employee housing that can help you ensure that your housing is compliant with regulations. It also makes suggestions for effectively managing your employee housing.

Jay Canzonier is the Cornell Ag Workforce Program housing specialist, and he can be reached by email at: jc3277@cornell.edu.

Managing Farm Provided Employee Housing

Farm businesses frequently provide housing for farm employees and sometimes for their families as well. Various agencies from federal, state, and local governments may be involved in regulating farm-provided employee housing, depending on the term of employment and type of housing provided. The regulations vary significantly depending on the number of occupants and on the type of employee, permanent or migrant and/or seasonal. Farm owners who provide employee housing have legal and ethical responsibilities to make sure the housing begins, and remains, a safe and healthy place for people to live.

The condition of farm-provided employee housing greatly influences the relationship between the employee and the employer. From the employee or resident perspective, having safe comfortable housing to rest, eat, relax, and meet their living needs is a benefit of their employment and a basic right in life. From the employers’ perspective, providing housing to employees is considered part of the compensation package, a way to ensure an ample and available workforce, and in many cases a necessity due to the lack of available housing in rural areas. Maintaining housing in a good state of repair for the health and comfort of current and future occupants also benefits the business by attracting quality employees, reducing turnover, and minimizing operational cost. It is important that both parties understand the investment and value of quality housing. This awareness will result in a joint commitment and engagement in managing the farm-provided employee housing.

The purpose of this manual is to provide a guide and quick reference for managing farm-provided employee housing. There are many different types of farm-provided employee housing, many different employment relationships, and many different seasonal considerations that farm-provided employee housing accommodates. Because of that diversity, this manual is structured to address regulatory requirements and best management practices that are applicable to most farm-provided employee housing scenarios, but also attempt to point out where the requirements differ.

There are many laws, regulations and agencies associated with farm-provided employee housing, which are often confusing. Those laws, regulations and agencies deal with but are not limited to property rights, landlord-tenant relationships, privacy rights, public health, employment and wage laws, workplace safety and tax laws. This manual is intended for general information purposes only and does not constitute legal advice. Specific questions and requests for legal advice should be addressed to legal counsel

NYSDOH link: Responsibilities of Operator and Occupants of Migrant Farmworker Housing.

Assigning a manager

The challenges of managing farm-provided employee housing are often made more complex by language barriers and culturally different living styles. Assigning a housing manager and identifying that person as the main contact for the residents is crucial in communicating expectations of management, identifying needs of the residents, and ensuring proper maintenance of the facility. This individual should have a good working relationship with the residents, and a very clear understanding of the rules of the house and the maintenance needs of each facility. The housing manager should have the authority and responsibility to inspect housing, create a maintenance schedule and repair request procedure, initiate needed repairs, and oversee any other tasks needed to maintain safe and comfortable employee housing. The housing manager does not necessarily need to be present for inspections, but should be informed of the results and any needs to be addressed. All interactions should be documented and filed appropriately for future reference.

Posting information

One of the first jobs of the housing manager is to become familiar with appropriate posters that should be displayed in the farm-provided housing units. Most of these posters will contain information specific to that farm business. Useful templates are available through the National Milk Producers Federation “FARMS Managing Employee Housing” guide available at this link: Managing Employee Housing — National Dairy FARM. “House Rules” can be found on page 18, “Emergency Contacts” Page 19, and a useful “Cleaning Schedule” on page 22.
In some cases, such as NY state registered farm labor camps, certain posters such as: “Responsibilities of Operator and Occupants of Migrant Farmworker Housing” is required by law and available from the local health department. This poster is not required in permanent employee housing, but it is helpful in defining operator and resident responsibilities in any farm-provided employee housing relationship. When properly displayed, these posters serve as a constant and visible reminder of the expectations of management, the maintenance procedures, and the rights of the occupants. The posters should be reviewed and updated annually.

Providing documentation

In New York, farm employers must provide a written “work agreement” for every farm employee. The New York State Department of Labor (NYSDOL) provides guidance, a blank form, and sample forms to use for this work agreement. Item 6 of the work agreement form addresses housing arrangements. Be sure to fill this section out to document the housing and transportation benefits you will provide for your employees. See the sample forms for examples of what to include in Item 6, available at this link: Pay Notice and Acknowledgment for Farm Workers It is also important to have a written housing agreement between the farm and the employee to clearly define the benefit and the responsibilities both parties assume by entering into the arrangement. This sample housing agreement has a roster for listing the names of the occupants, information about frequency of inspections, what to do in case of emergencies, and general house rules. Sample Housing Agreement in English

A sample orientation guide is available at this link: Orientation Guide for Occupants of Farm Housing. It is a complete template and can be modified for a farm’s individual use.

Inspections should be conducted when new residents move in, and when residents move out. This helpful form, Inspection Checklist for Farm-Provided Worker Housing, is a guide to conducting the inspection.

The full guide contains much more information on housing regulations, best practices and links to regulatory agencies.