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What you need › Webinar notes › CDSS Community Care Licensing

SB 234: Housing Protections for Family Child Care Providers

2025-02-25Special webinar

Presented February 2025. Rules and deadlines may have changed since; check Rules & laws for the current version.

The Civil Rights Department and Child Care Law Center explain family child care providers' housing rights: zoning, landlords, HOAs, insurance and complaints.

Hosted by

CDSS Community Care Licensing

Presented by

CDSS Community Care LicensingCalifornia Civil Rights DepartmentKara BrodfuehrerChild Care Law CenterGiani Interiano Brown

Content by California Civil Rights Department and Child Care Law Center, presented on a CDSS webinar.

Who it’s for

Licensed family child care homes
Prospective family child care providers

3 things to know

A landlord can't refuse to rent, evict or raise your rent because you run a family child care home.✓ checked
Renters give landlords written notice (LIC 9151) at least 30 days before opening a new home.✓ checked
Landlord written consent (LIC 9149) is needed when caring for 7-8 children (small) or 13-14 (large).✓ checked

Do this

If you rent, give your landlord written notice on LIC 9151 at least 30 days before opening a new family child care home.✓ checked

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What to do

Renters opening a new family child care home: give your landlord written notice on LIC 9151 at least 30 days before opening. For a move, CCLD decides how much notice is needed.✓ checked
Renters caring for 7-8 children (small) or 13-14 (large): get your landlord's written consent on LIC 9149.✓ checked
Choose one liability option: insurance ($100,000 per incident, $300,000 total), a $300,000 bond, or a signed LIC 282 affidavit.✓ checked
If you face housing discrimination, contact the Child Care Law Center or the Civil Rights Department (800-884-1684).✓ checked

Session notes

In the order it was presented. Open any part.

Welcome, disaster resources and licensing updates

Held February 25, 2025, presented by the California Civil Rights Department and the Child Care Law Center.✓ checked
Disaster PINs: 25-01-CCLD (winter storms, useful for any disaster), 25-02-CCP (state of emergency waivers), 24-06-CCLD (Everbridge alerts) and 23-13-CCLD (heat, power shutoffs, wildfires).✓ checked
Sign up to get Provider Information Notices by email.✓ checked
2025 provider webinars: March 25, June 24, September 30 and December 9, Tuesdays 6:00 to 7:30 p.m. (all now past).✓ checked

About the presenters

Both organizations say this is legal information, not legal advice.✓ checked
The Child Care Law Center offers limited legal representation to family child care providers facing housing discrimination.✓ checked

The laws and protected characteristics

The rules come from SB 234 (H&S Code §§1596.72 et seq.) and the Fair Employment and Housing Act (Gov. Code §§12900-12999).✓ checked
Protected characteristics in housing include source of income (including Section 8), familial status, primary language, immigration status, citizenship and age, among others.✓ checked
FEHA protects the right to operate a licensed child care in your home. Refusing to allow it is source-of-income discrimination.✓ checked
Fair housing laws apply to landlords, housing authorities, local governments, HOAs and many others.✓ checked

Where a family child care home can operate

Licensed small and large homes can operate anywhere zoned for residential use (H&S Code §§1597.42, 1597.43).✓ checked
That includes single-family homes, duplexes, apartments, condos, townhomes, and mobile or manufactured homes.✓ checked

Protections from local government

Cities and counties must treat licensed family child care homes like any other residence, can't regulate their use, and can't make special rules just for them.✓ checked
They can't require zoning permits, business licenses (even free ones), business fees or business taxes.✓ checked
The only local authority that can regulate a family child care home's use or condition is the local fire department.✓ checked
Exceptions: rules that apply to all homes, and local fire clearance for large homes.✓ checked

Fire clearance for large homes

Local fire rules for large homes must follow the California Building Code and State Fire Marshal guidance. Fire clearance rules (State Form 850) remain the same.✓ checked

Landlord, HOA and lender protections

Housing providers can't stop you from running a family child care home, including through leases or HOA agreements.✓ checked
Child care in a licensed home is a residential use by right, not a business use for renting purposes.✓ checked
Landlords can't refuse to rent, evict, or raise rent because you run or plan to run a family child care home. They can raise the security deposit.✓ checked
HOAs can't remove you, and lenders can't refuse you a loan, for running a family child care home.✓ checked

Landlord notice versus landlord consent

Renters give written notice on LIC 9151 at least 30 days before opening a new home. For relocating an existing home, CCLD decides; it can be less than 30 days.✓ checked
Renters need the landlord's written consent (LIC 9149) only to care for 7-8 children in a small home or 13-14 in a large home.✓ checked

Insurance

Liability insurance is not required, but is highly recommended.✓ checked
Choose one: insurance of $100,000 per incident and $300,000 total, a $300,000 bond, or a signed affidavit (LIC 282).✓ checked
If your landlord asks in writing to be added to your insurance or bond, you must add them if the policy won't be cancelled and they pay any extra cost.✓ checked
Homeowner's insurers can't cancel or refuse to renew solely because you run, or rent to someone who runs, a family child care home, or based on source of income.✓ checked

Next steps and complaints

With a lawyer, you can file a complaint with the Civil Rights Department. Insurance complaints go to the Department of Insurance.✓ checked
CRD may investigate, offer conciliation, and prosecute in court if the dispute isn't settled.✓ checked
CRD: 800-884-1684 (TTY 800-700-2320), [email protected]. Child Care Law Center: (415) 558-8005 ext. 101, [email protected].✓ checked
No attendance certificates were given for this webinar.✓ checked

Links and what’s next

CDSS Form LIC 9151 (landlord notice)
CDSS Form LIC 9149 (landlord consent)
CDSS Form LIC 282 (Affidavit Regarding Liability Insurance)
CRD guidance on the rights of child care providers
Child Care Law Center Housing Rights webpage
California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities
Office of the State Fire Marshal guidance
Civil Rights Department
Child Care Law Center help
Child Care Disaster Resources webpage
Coming up: 2025 provider webinars were scheduled for March 25, June 24, September 30 and December 9, 2025, 6:00 to 7:30 p.m. All have passed. Registration was announced through PINs.

Where this comes from

Written from the sources below. It is not an official record of any agency, host or presenter. ✓ checked means an official source confirms it; ⚠ check means an official source seems to say something different. Everything else is as the presenter said it.

SlidesOfficial slides (English) added 2026-09-22
SlidesOfficial slides in Chinese (Traditional) added 2026-09-22
SlidesOfficial slides in Spanish added 2026-09-22

Every fact and its source (68, 68 checked)

What was said	Checked?
The webinar was held February 25, 2025. February 25, 2025.	✓ checked slide 1 Stated on the official slides Something wrong?
It was presented by the California Civil Rights Department and the Child Care Law Center. Presented by: CA Department of Civil Rights and Child Care Law Center	✓ checked slide 1 Stated on the official slides Something wrong?
Presenters were Kara Brodfuehrer (California Civil Rights Department) and Giani Interiano Brown, Senior Staff Attorney (Child Care Law Center). Kara Brodfuehrer, California Civil Rights Department Giani Interiano Brown, Senior Staff Attorney, Child Care Law Center	✓ checked slide 9 Stated on the official slides Something wrong?
CRD's guidance is informational only and does not constitute legal advice. This guidance is for informational purposes only, does not establish substantive policy or rights, and does not constitute legal advice.	✓ checked slide 10 Stated on the official slides Something wrong?
The Child Care Law Center training is legal information, not legal advice; the Center is not your lawyer. The Child Care Law Center is not your lawyer.	✓ checked slide 13 Stated on the official slides Something wrong?
The Child Care Law Center offers limited legal representation to family child care providers facing housing discrimination. Offers limited legal representation to family child care providers facing housing discrimination	✓ checked slide 14 Stated on the official slides Something wrong?
SB 234 is in Health and Safety Code sections 1596.72 and following. Senate Bill 234 (“SB 234”), Cal. Health & Safety Code §§ 1596.72 et seq.	✓ checked slide 16 Stated on the official slides Something wrong?
The Fair Employment and Housing Act (FEHA) is Government Code sections 12900-12999. California Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code §§ 12900-12999.	✓ checked slide 16 Stated on the official slides Something wrong?
Source of income, including Section 8 vouchers, is a protected characteristic in housing. Source of Income (including Section 8 vouchers)	✓ checked slide 19 Stated on the official slides Something wrong?
Housing protected characteristics also include primary language, immigration status, citizenship and age. Primary Language • Immigration Status • Citizenship • Age	✓ checked slide 19 Stated on the official slides Something wrong?
FEHA protections include the right to operate a licensed child care in a provider's home. The right to operate a licensed childcare in a provider's home	✓ checked slide 20 Stated on the official slides Something wrong?
Refusing to let someone operate a licensed child care in a home is also source-of-income discrimination. Refusing to allow someone to operate a licensed childcare in a home is also source-of-income discrimination	✓ checked slide 22 Stated on the official slides Something wrong?
Fair housing laws apply to landlords and property owners, housing authorities, local governments and homeowners' associations, among others. Landlords/property owners • Housing authorities • Cities, counties, and other local governments • Homeowners’ associations (HOAs)	✓ checked slide 21 Stated on the official slides Something wrong?
Licensed small or large family child care homes may operate in areas zoned for residential use (H&S Code §§1597.42, 1597.43). People can operate a licensed small or large family child care home in neighborhoods zoned for residential use and any area where the underlying zoning allows for residential use. Cal. Health & Safety Code §§ 1597.42, 1597.43.	✓ checked slide 23 Stated on the official slides Something wrong?
A family child care home can be in a single-family home, duplex, apartment, condominium or townhome. Single-family home; • Duplex; • Apartment; • Condominium; • Townhome;	✓ checked slide 23 Stated on the official slides Something wrong?
A family child care home can be in a mobile or manufactured home (Title 14, §1267.00(a)). Mobile home and manufactured home. Cal. Code of Regulations, tit. 14, § 1267.00(a).	✓ checked slide 23 Stated on the official slides Something wrong?
Cities and counties must treat licensed family child care homes like all other residential homes (H&S Code §1597.45(a)). Must treat licensed small and large family child care homes like all other residential homes. Cal. Health & Safety Code §1597.45(a).	✓ checked slide 24 Stated on the official slides Something wrong?
Cities and counties cannot regulate the use of licensed small or large family child care homes. Cannot regulate the use of licensed small or large family child care homes.	✓ checked slide 24 Stated on the official slides Something wrong?
Cities and counties cannot create or apply special rules that apply only to licensed family child care homes. Cannot create or apply special rules that only apply to licensed family child care homes.	✓ checked slide 24 Stated on the official slides Something wrong?
Cities and counties cannot require zoning permits. Require zoning permits.	✓ checked slide 25 Stated on the official slides Something wrong?
Cities and counties cannot require business licenses (even free), business fees or business taxes (H&S Code §1597.45(b)). Require business licenses (even at no cost), business fees, or business taxes. Cal. Health & Safety Code § 1597.45(b).	✓ checked slide 25 Stated on the official slides Something wrong?
The only local authority that can regulate the use or condition of a family child care home is the local fire department. The only local authority that can regulate the use or condition of a family child care home is the local fire department.	✓ checked slide 25 Stated on the official slides Something wrong?
Exception: requirements applied to all residential homes, not just family child care homes. Requirements applied to all other residential homes, not just family child care homes.	✓ checked slide 26 Stated on the official slides Something wrong?
Exception: local fire department fire clearance for large family child care homes (H&S Code §1597.46). Local fire department fire clearance requirements for large family child care homes. Cal. Health & Safety Code § 1597.46.	✓ checked slide 26 Stated on the official slides Something wrong?
Local fire rules for large homes must follow the California Building Code (Title 24, Part 2) and State Fire Marshal guidance. The California Building Code, found in Part 2 of the California Building Standards Code under Title 24 of the California Code of Regulations	✓ checked slide 27 Stated on the official slides Something wrong?
Fire clearance rules (State Form 850) for large family child care homes remain the same. Office of the State Fire Marshal/local fire department clearance rules (State Form 850) for large family child care homes remain the same.	✓ checked slide 28 Stated on the official slides Something wrong?
Housing providers cannot prevent a tenant or homeowner from operating a family child care home, including through lease or HOA agreements (H&S Code §1597.41(a)-(c)). Prevent or prohibit a tenant or homeowner from operating or planning to operate a family child care home (i.e. in lease agreements, HOA agreements, etc.). Cal. Health & Safety Code § 1597.41(a)-(c).	✓ checked See the rule slide 29 Stated on the official slides Something wrong?
Child care in a licensed family child care home is a residential use of property and a use by right. Providing child care in one’s licensed family child care home is a residential use of property and a use by right.	✓ checked slide 30 Stated on the official slides Something wrong?
It is not a business or commercial use for renting or leasing purposes. It is not considered a business or commercial use for renting/leasing purposes.	✓ checked slide 30 Stated on the official slides Something wrong?
Housing providers cannot refuse to rent to a tenant just because they operate or plan to operate a family child care home. Refuse to rent to a tenant just because they operate or plan to operate a family child care home.	✓ checked slide 31 Stated on the official slides Something wrong?
Housing providers cannot evict a tenant just because they operate or plan to operate a family child care home. Evict a tenant just because they operate or plan to operate a family child care home.	✓ checked slide 31 Stated on the official slides Something wrong?
Housing providers cannot raise rent just because a tenant operates or plans to operate a family child care home (H&S Code §1597.41(b)-(c)). Raise a tenant’s rent just because they operate or plan to operate a family child care home. Cal. Health & Safety Code § 1597.41(b)-(c).	✓ checked slide 31 Stated on the official slides Something wrong?
A housing provider can raise a tenant's security deposit (H&S Code §1597.41(d)(4)). But, a housing provider can raise a tenant’s security deposit. Cal. Health & Safety Code § 1597.41(d)(4).	✓ checked slide 31 Stated on the official slides Something wrong?
HOAs cannot remove a tenant or homeowner just because they operate or plan to operate a family child care home. Remove a tenant or homeowner just because they operate or plan to operate a family child care home.	✓ checked slide 32 Stated on the official slides Something wrong?
Lenders cannot refuse a loan just because someone operates or plans to operate a family child care home. Refuse to give someone a loan just because they operate or plan to operate a family child care home.	✓ checked slide 33 Stated on the official slides Something wrong?
Renters must give the landlord written notice using CDSS Form LIC 9151. Renters must give property owners/landlords written notice using the CDSS’s Form LIC 9151:	✓ checked slide 34 Stated on the official slides Something wrong?
Notice is due at least 30 days before opening a new family child care home (H&S Code §1597.41(d)(1)). At least 30 days before opening a new family child care home, Cal. Health & Safety Code § 1597.41(d)(1), or	✓ checked See the rule slide 34 Stated on the official slides Something wrong?
For relocating an existing home, notice can be less than 30 days, as determined by Community Care Licensing. Less than 30 days before relocating an existing family child care home.* *Determined by Community Care Licensing Division.	✓ checked slide 34 Stated on the official slides Something wrong?
Renters need the landlord's written consent to care for 7-8 children in a small home (H&S Code §1597.44(a)-(d)). 7 - 8 children if operating a small family child care home. Cal. Health & Safety Code § 1597.44(a)-(d).	✓ checked See the rule slide 35 Stated on the official slides Something wrong?
Renters need the landlord's written consent to care for 13-14 children in a large home (H&S Code §1597.465(a)-(d)). 13 - 14 children if operating a large family child care home. Cal. Health & Safety § 1597.465(a)-(d).	✓ checked See the rule slide 35 Stated on the official slides Something wrong?
Written consent uses CDSS Form LIC 9149. renters must get the property owner or landlord’s written consent by using CDSS’s Form LIC 9149	✓ checked slide 35 Stated on the official slides Something wrong?
Family child care liability insurance is not required to operate a licensed home (H&S Code §1597.531(a)). Family child care liability insurance is not required to operate a licensed family child care home. Cal. Health & Safety Code § 1597.531(a).	✓ checked slide 36 Stated on the official slides Something wrong?
Liability insurance is highly recommended. But family child care liability insurance is highly recommended.	✓ checked slide 36 Stated on the official slides Something wrong?
Providers must choose one of three options. Family child care providers must choose 1 of these 3 options:	✓ checked slide 37 Stated on the official slides Something wrong?
Option 1: liability insurance of $100,000 per incident and $300,000 total. Family child care liability insurance amounting to $100,000 per incident and $300,000 in total,	✓ checked slide 37 Stated on the official slides Something wrong?
Option 2: a bond of $300,000 total. A bond amounting to $300,000 in total, or	✓ checked slide 37 Stated on the official slides Something wrong?
Option 3: a signed Affidavit Regarding Liability Insurance (CDSS Form LIC 282). Signed Affidavit Regarding Liability Insurance for Family Child Care Homes – CDSS’s Form LIC 282	✓ checked slide 37 Stated on the official slides Something wrong?
If a housing provider asks to be added to a tenant's insurance or bond, the tenant must add them under certain conditions. If a housing provider requests that a tenant add them to their insurance or bond policy, a tenant must add them, if:	✓ checked slide 38 Stated on the official slides Something wrong?
The conditions: the request is in writing, the policy won't be cancelled, and the housing provider pays any extra cost (H&S Code §1597.531(b)). Housing provider asks in writing, • Tenant’s insurance or bond policy will not be cancelled if housing provider is added, and • Housing provider agrees to pay any extra cost to be added. Cal. Health & Safety Code § 1597.531(b).	✓ checked slide 38 Stated on the official slides Something wrong?
Homeowner's insurers cannot cancel or refuse to renew a policy solely because the policyholder operates, or rents to someone who operates, a family child care home. Homeowner insurance companies cannot cancel or refuse to renew a homeowner’s insurance policy solely because the policyholder: • Operates a family child care home on the property, or • Rents to someone who operates a family child care home on the property.	✓ checked slide 39 Stated on the official slides Something wrong?
The homeowner's insurance protection is in Insurance Code §676.1(a)-(b). Cal. Insurance Code § 676.1(a)-(b)	✓ checked slide 39 Stated on the official slides Something wrong?
Homeowner's insurers cannot refuse or cancel a policy based on a resident's source of income (Ins. Code §679.74(a)(1)). Refuse to insure or cancel an insurance policy based on a resident’s source of income. Cal. Ins. Code § 679.74(a)(1).	✓ checked slide 40 Stated on the official slides Something wrong?
Next step: with a lawyer, file a complaint with CRD for housing discrimination based on source of income, gender, race, etc. With a lawyer, file a complaint with the Civil Rights Department if experiencing housing discrimination based on source of income, gender, race, etc.	✓ checked slide 41 Stated on the official slides Something wrong?
Next step: file a complaint against an insurer with the California Department of Insurance. File a complaint with the California Department of Insurance against insurance provider.	✓ checked slide 42 Stated on the official slides Something wrong?
CRD may investigate, offer conciliation, and prosecute in court if the dispute isn't settled. CRD may investigate, offer conciliation services to try to settle the dispute, and prosecute the case in court if the dispute cannot be settled.	✓ checked slide 43 Stated on the official slides Something wrong?
CRD complaints: toll free 800.884.1684, TTY 800.700.2320, calcivilrights.ca.gov/complaintprocess. Toll Free: 800.884.1684 • TTY: 800.700.2320 • calcivilrights.ca.gov/complaintprocess	✓ checked slide 43 Stated on the official slides Something wrong?
Child Care Law Center: (415) 558-8005 ext. 101. Phone: (415)558-8005 ext. 101	✓ checked slide 44 Stated on the official slides Something wrong?
Child Care Law Center email: [email protected]. Email: [email protected]	✓ checked slide 44 Stated on the official slides Something wrong?
CRD email: [email protected]. Email: [email protected]	✓ checked slide 44 Stated on the official slides Something wrong?
Attendance certificates are not provided for these webinars. attendance certificates are not provided for these events.	✓ checked slide 47 Stated on the official slides Something wrong?
2025 provider webinars were Tuesdays 6:00 to 7:30 p.m. Tuesdays from 6:00 p.m. to 7:30 p.m.	✓ checked slide 8 Stated on the official slides Something wrong?
2025 provider webinar dates: March 25, June 24, September 30 and December 9. March 25 • June 24 • September 30 • December 9	✓ checked slide 8 Stated on the official slides Something wrong?
PIN 25-01-CCLD (Winter Storm Preparedness) has resources for any disaster. PIN 25-01-CCLD Winter Storm Preparedness has helpful resources for any disaster.	✓ checked slide 6 Stated on the official slides Something wrong?
PIN 25-02-CCP: Governor's Proclamation of a State of Emergency and Implementation of Waivers. PIN 25-02-CCP Governor's Proclamation of a State of Emergency and Implementation of Waivers	✓ checked slide 6 Stated on the official slides Something wrong?
PIN 24-06-CCLD: Everbridge notification system for disasters and emergencies. PIN 24-06-CCLD Everbridge Notification System to Notify Licensees and Providers of Disasters and Emergencies.	✓ checked slide 6 Stated on the official slides Something wrong?
PIN 23-13-CCLD: preparation for extreme heat, Public Safety Power Shutoffs and wildfire emergencies. PIN 23-13-CCLD Preparation for Extreme Heat, Public Safety Power Shutoffs, and Wildfire Emergencies.	✓ checked slide 6 Stated on the official slides Something wrong?
CDSS shares licensing updates through Provider Information Notices, with a Receive Important Updates sign-up. Licensing Updates: Provider Information Notices CDSS Receive Important Updates	✓ checked See the rule slide 7 Stated on the official slides Something wrong?
Familial status (children under 18, pregnancy, becoming a legal custodian) is a protected characteristic. Familial Status (children under the age of 18, pregnant, or becoming a legal custodian)	✓ checked slide 19 Stated on the official slides Something wrong?