1. Can my landlord or homeowner’s association stop me from caring for children in my home?
No. Your landlord cannot stop you from caring for up to 6 children if you have a small family child care home license or up to 12 children if you have a large child care home license.[i]
If your lease says you cannot have a family child care home, that part of the lease is void. That means your landlord cannot enforce it.[ii] If your lease says you cannot run a business from your rental home, that part of the lease does not apply to your family child care home. In California, a family child care home is a residential use of property. It is not considered a business or commercial use for renting/leasing purposes.[iii]
[i] Family child care homes are regulated by the Community Care Licensing Division of the California Department of Social Services. https://www.cde.ca.gov/sp/cd/re/caqfamcchomes.asp
[ii] Cal. Health & Safety Code § 1597.41(a)-(c).
[iii] Cal. Health & Safety Code § 1597.43(a) (“Family day care homes operated under the standards of state law constitute accessory uses of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential uses.”)