SB 234 makes clear that:

• You do not need a zoning permit or business license for use of a large or small family child care home. It does not matter if you live in an incorporated or unincorporated area.[i]

• All family child care homes[ii] are allowed in:
  • Single-family homes and duplexes;
  • Apartments, condominiums, townhomes; and
  • Residential units within other types of multi-family buildings.[iii]

• Cities, counties, landlords, property managers, Homeowners Associations (HOAs), insurance companies, and other housing providers cannot stop you from having a family child care home just because you live in any of the homes listed above.[iv]

• Just because you have or plan to have a small or large family child care home, landlords, property managers, HOAs, mortgage companies, realtors, and other housing providers cannot:
  • Refuse to rent to you,
  • Evict or threaten to evict you, or
  • Refuse to sell you a home.[v]  

• Insurance companies cannot cancel or refuse to renew your or your landlord’s homeowners insurance policy just because you provide or plan to provide family child care in your home.[vi]

• If someone violates your housing rights as a family child care provider or family child care license-applicant, you can file a complaint with the California Civil Rights Department at: https://calcivilrights.ca.gov/ComplaintProcess/.

• In civil court, you can also sue whoever violates your housing rights as a family child care provider.[vii]

SB 234 applies to all licensed small and large family child care homes in California. You can read the full text of SB 234 here.[viii]

SB 234 became a law on January 1, 2020. It is a state law, which means it applies to everyone in California.[i] This law does not apply outside of California.

A zoning permit is a paper given to you by your city or county that allows you to use your home or property for a specific reason. You usually have to apply for a zoning permit and pay the city or county for it.

Your city or county may call a zoning permit by a different name, such as:

• Conditional use permit,
• Administrative use permit,
• Minor use permit,
• Use permit, or
• Home Occupation Permit.

Under SB 234, a city or county cannot require a zoning permit to run a family child care home.[i]

A business license is permission from your city or county to have a business.

Your city or county may also call it a:

• Business fee, or
• Local business tax.

Under SB 234, a city or county cannot require a business license or payment of a business fee or business tax to run a family child care home.[i]

No. Cities and counties cannot have special rules for small or large family child care homes.[i] Small and large family child care homes must be treated as a residential use of property and a use by right under all local laws.[ii]

All family child care providers must follow the same laws that apply to other homes without a child care.

• Example: If you make physical or structural changes to your home, you must follow local zoning and building requirements that apply to all other homes.[iii]

No. You do notneed to contact, submit paperwork to, or get permission from your city or county office to open a family child care home. The California Department of Social Services, Community Care Licensing Division licenses, regulates, and inspects family child care homes.

You have the right to run a licensed small or large family child care home in neighborhoods zoned for residential use. You can also do so in any area where the underlying zoning allows for residential use.[i]

You can have a small or large family child care home in a:

• Single-family home and duplex;
• Apartment, condominium, townhome; and
• Residential unit within other types of multi-family buildings.

Yes. Landlords, property managers, Homeowners’ Associations (HOAs), insurance companies, and other housing providers cannot:

• Stop you from renting only because you plan to have or have a licensed family child care home,
• Evict or threaten to evict you only because you plan to have or have a licensed family child care home,
• Refuse to rent to you only because you plan to have or have a family child care home, or
• Harass you or create special rules for you only because you plan to have or have a family child care home.[i]

No. SB 234 does not change any of the fire requirements for family child care homes.

You must still:

• Meet the fire requirements to get and keep your family child care license, and
• Pass a fire clearance inspection to get a large family child care license.

Cities and counties cannot enforce local fire safety rules that go beyond what the Office of the State Fire Marshal requires of family child care homes.[i] SB 234 requires the Office of the State Fire Marshal to issue this guidance on family child care home fire requirements.[ii]

No. Your landlord or HOA must treat your small or large family child care home the same as any other home.

A landlord or HOA cannot stop you from having a licensed family child care home. It is illegal for a landlord or HOA to restrict or limit the use of your family child care home.

Before SB 234, unnecessary local requirements and unfair treatment by landlords made it difficult and expensive for small family child care homes to become large family child care homes. Because SB 234 removed some of these barriers, more family child care providers can now open and become large family child care homes to care for more children.

If someone is violating your rights under SB 234,

• Show them this fact sheet.
• Contact the Child Care Law Center, through our website or by phone at, (415) 558-8005 extension 101.
• If you are a Los Angeles County resident, contact Public Counsel, through its website or by phone at (213) 385-2977 extension 300.
• File a complaint with the California Civil Rights Department at https://calcivilrights.ca.gov/ComplaintProcess/. We suggest you contact the Child Care Law Center so we can explain the complaint process.
• Sue whoever is violating your housing rights as a family child care home provider in civil court.[i]

File a complaint with the California Department of Insurance, at https://www.insurance.ca.gov/01-consumers/101-help/index.cfm, if an insurance company is threatening to cancel your or your landlord’s homeowner’s insurance just because you have a child care.