Family Child Care Home Providers: Remedies for Housing Discrimination

The Child Care Program of the California Department of Social Services (CDSS), Community Care Licensing Division (CCLD) licenses and enforces licensing requirements for child day care facilities that include family child care homes.

Senate Bill (SB) 234, Chapter 244, Statutes of 2019, restricted the extent to which local governments and individuals can burden or prevent the use of a residence for the purpose of operating a family child care home. The following changes were effective January 1, 2020:

  • Health and Safety Code section 1597.40 states that local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home.
  • Health and Safety Code section 1597.41 prohibits restrictions upon real property by means of written instruments such as conveyances, encumbrances, contracts, leases and mortgages, that preclude its use as a family child care home.
  • Health and Safety Code sections 1597.42 and 1597.43 state that the use of a home as a family daycare home, operated under the standards of state law, in a residentially zoned area shall be considered a residential use of property for the purposes of all local ordinances, regulations, and rules, and shall not fundamentally alter the nature of the underlying residential use.
  • Health and Safety Code section 1597.45 provides that the use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances. A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home.
  • Health and Safety Code sections 1597.455 and 1597.46 require compliance with more limited fire safety standards.

If a licensed family child care home, family child care home applicant or an individual believe that any of the protections of these statutory protections have been denied, he or she may file a complaint with the Department of Fair Employment and Housing (DFEH).

For more information about housing discrimination remedies and procedures, please contact DFEH: