I found this online....by googleing :"day care in rentals"
Law protects day care business in rental unit
Project Sentinel
Sunday, May 24, 2009
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Q: I have a tenant who is opening a day care in the two-bedroom apartment I own. Is this legal? Am I liable for any damages caused to my property? I am afraid that every tenant in this 16-unit building is going to start businesses out of their homes and the place will become a dump.
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I have worked hard to maintain decent housing and I don't want car repair or dog kennels operated from the premises.
A: It is illegal to deny housing to an individual on the basis of operation of a licensed home day care. You can request to see a copy of the provider's license and have the parents of the children attending the day care sign a liability waiver for your protection.
You may not increase the rent or charge a higher deposit than that allowed by the law (usually two times the rent.) You can also ask to be added as an "additional insured" on the day care provider's insurance policy, but if there is a cost involved, you will have to pay it.
Federal legislation passed in 1996 defines a family day care home as a home supervising 12 or fewer children for less than 24 hours a day. Current law requires day care homes to be licensed, have liability insurance or have parents sign a waiver of liability to protect the property owner.
According to this legislation, "current law prohibits written restrictions on conveyance, encumbrance, leasing or mortgaging of real property for use or occupancy as a family day care home for children. If written agreements do so, they are void." While you must allow licensed home day cares, you are under no obligation to permit any other home-based businesses.
For more information about home day care and the current state and federal regulations, visit the Web site for the Child Care Law Center, www.childcarelaw.org/links.shtml or attend Project Sentinel's fair housing training for landlords by calling (888) 324-7468.
Read more: h t t p://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/05/24/REKR17DDKD.DTL#ixzz0P0l2IABX
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