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NYC landlords: What to know about family child care

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.
  • 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 protected]


The Wonderschool Team

Kristen Sager

Kristen Sager is the Head of Marketing & Growth at Wonderschool.