Dear New York Landlord,
This letter is to inform you of the rights of an individual looking to start a family child care home (an in-home daycare or preschool) in their rented property.
Here are some facts for your reference:
- Family child care homes are limited to either 6 or 12 children under the age of 5 depending on whether they are under a small or large license. Family child care homes are regulated by New York State and New York City’s Department of Health.
- In New York, we recommend that our partners notify landlords in writing that they are starting a family child care home. Landlords cannot refuse tenants the right to operate a family child care home. In the State of New York, family child care programs are not considered a “business use” of a residential property. See the New York State Department of State, Office of General Counsel on the Regulation of Day Care Facilities for more
- You cannot evict a tenant for starting a family care home in a property they rent from you. You also cannot increase their rent drastically from year to year or increase it because they have started a family child care home. All rent increases must be within the local law.
- You may ask for an increased security deposit but the amount must not exceed the maximum allowed under law.
- Wonderschool partners in the pre- or post-licensing stage a minimum of $1Million in liability insurance and landlords can be added as an additional insured under these policies.
- If you are worried about wear and tear on the property, understand that family child care directors have a strong incentive to keep areas neat and clean to attract families and adhere to licensing requirements. The Licensing Board spot-checks homes to be sure they are safe and well-maintained.
If you have any questions about this, feel free to email us at email@example.com.
The Wonderschool Team