Even with a written agreement, voluntarily entered into, the wage order limits the amount of “credit” against the minimum wage obligation which may be taken.
Further, if all of the above requirements are met in the agreement, the owner or property management company is still only permitted to take two-thirds of the ordinary rental value of the apartment, and not more than $954.43 per month (as of 2026) for an individual resident apartment manager (Wage Order 5, Section 10(C)). (Note that this amount reflects annual increases to account for the annual increases in minimum wage we have been enjoying, and in previous years the maximum amounts were less.)