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 protected].

Best,

The Wonderschool Team