Section 1597.40 Of Chapter 3.6. Family Day Care Homes From California Health And Safety Code >> Division 2. >> Chapter 3.6.
1597.40
. (a) It is the intent of the Legislature that family day
care homes for children should be situated in normal residential
surroundings so as to give children the home environment which is
conducive to healthy and safe development. It is the public policy of
this state to provide children in a family day care home the same
home environment as provided in a traditional home setting.
The Legislature declares this policy to be of statewide concern
with the purpose of occupying the field to the exclusion of municipal
zoning, building and fire codes and regulations governing the use or
occupancy of family day care homes for children, except as
specifically provided for in this chapter, and to prohibit any
restrictions relating to the use of single-family residences for
family day care homes for children except as provided by this
chapter.
(b) Every provision in a written instrument entered into relating
to real property which purports to forbid or restrict the conveyance,
encumbrance, leasing, or mortgaging of the real property for use or
occupancy as a family day care home for children, is void and every
restriction or prohibition in any such written instrument as to the
use or occupancy of the property as a family day care home for
children is void.
(c) Except as provided in subdivision (d), every restriction or
prohibition entered into, whether by way of covenant, condition upon
use or occupancy, or upon transfer of title to real property, which
restricts or prohibits directly, or indirectly limits, the
acquisition, use, or occupancy of such property for a family day care
home for children is void.
(d) (1) A prospective family day care home provider, who resides
in a rental property, shall provide 30 days' written notice to the
landlord or owner of the rental property prior to the commencement of
operation of the family day care home.
(2) For family day care home providers who have relocated an
existing licensed family day care home program to a rental property
on or after January 1, 1997, less than 30 days' written notice may be
provided in cases where the department approves the operation of the
new location of the family day care home in less than 30 days, or
the home is licensed in less than 30 days, in order that service to
the children served in the former location not be interrupted.
(3) A family day care home provider in operation on rental or
leased property as of January 1, 1997, shall notify the landlord or
property owner in writing at the time of the annual license fee
renewal, or by March 31, 1997, whichever occurs later.
(4) Notwithstanding any other provision of law, upon commencement
of, or knowledge of, the operation of a family day care home on his
or her property, the landlord or property owner may require the
family day care home provider to pay an increased security deposit
for operation of the family day care home. The increase in deposit
may be required notwithstanding that a lesser amount is required of
tenants who do not operate family day care homes. In no event,
however, shall the total security deposit charged exceed the maximum
allowable under existing law.
(5) Section 1596.890 shall not apply to this subdivision.