回复:租客要开 child care, 问题是不是很大?

Check with your city and state regulations. Following is our county housing org.

Right to Operate a Day Care Business in a Rental Unit

Question:
I own a house that I am trying to rent out. The previous owner rented to very large families, and the neighbors had voiced their complaints that there were always too many children running around. When I acquired the home, its interior was in really bad condition and had to be completely redone. So, I am determined to rent to a family that will take care of the property. Recently, a couple that runs a licensed home daycare applied to rent the house. I have concerns about using the house for a commercial purpose and the liability that comes with that. Also, I am worried about damage that may be caused by having too many children in the house. Can I deny them based on these concerns?

Answer:
No. As a general rule, a landlord can prohibit business activities in a rental unit if that prohibition is an explicit condition in the rental agreement. In addition, some type of business activities might violate local zoning ordinances or other local laws. However, state law creates an exception for the operation of a licensed day care business in a rental property, home or apartment. The law requires landlords to allow this type of business. California has a licensing system for operators of family child care homes. Operators of family child care businesses can be licensed to provide child care in their own homes, including rental units, for up to 14 children. It is the public policy of this state to provide children in a family care home the same home environment as provided in a traditional home setting. The applicable laws require the provider to either carry liability insurance, post an equivalent bond, or have the parents sign an affidavit acknowledging their understanding that the provider does not have insurance. You can certainly urge the provider to protect everyone by choosing to carry insurance and to place your name on the policy as an additional insured.

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