California Releases Guidance on the Rights of Child Care Providers
January 10, 2022
For Immediate Release
Fair housing law protects the rights of tenants and homeowners to operate licensed child care homes
Sacramento – The California Department of Fair Employment and Housing (DFEH) today issued a fact sheet clarifying that state laws require landlords and homeowner associations (HOAs) to allow tenants and homeowners to run licensed family child care homes in any residentially-zoned neighborhood. The fact sheet is available in English, Spanish, Chinese, Korean, Russian, Somali, Tagalog, and Vietnamese.
“Families require reliable and affordable child care in order to participate fully in the life of our society, and providing child care is a crucial economic opportunity for many Californians, particularly women,” said DFEH Director, Kevin Kish. “Public policy promotes the use of home environments in child care, and fair housing laws protect the right to provide that care.”
As explained in the fact sheet, Californians have the right to provide licensed child care in their homes. Landlords and other housing providers cannot refuse to rent to an applicant because the applicant intends to operate a licensed family child care home. Housing providers are also barred from evicting, raising the rent on, or taking other adverse actions against a tenant for operating a licensed child care home. Similar rules protect homeowners.
A licensed family child care home may be located in a single-family home, apartment, condominium, or any other multi-family dwelling. Local laws cannot restrict the use of a dwelling as a child care home.
DFEH and the Child Care Law Center will be providing a free webinar on February 24, 2022 to educate child care providers, housing providers, and governmental entities about fair housing protections for child care providers.
Child care providers who believe they have been the victim of housing discrimination may file a complaint with DFEH by visiting dfeh.ca.gov or by calling (toll free) 800.884.1684 / TTY: 800.700.2320.
The DFEH is the state agency charged with enforcing California’s civil rights laws. The mission of the DFEH is to protect the people of California from unlawful discrimination in employment, housing and public accommodations and from hate violence and human trafficking. For more information, visit the DFEH’s web site at www.dfeh.ca.gov.