# SB 234: Housing Protections for Family Child Care Providers

Hosted by: CDSS Community Care Licensing (https://www.cdss.ca.gov/inforesources/child-care-licensing)
Presented by: CDSS Community Care Licensing, California Civil Rights Department, Child Care Law Center
Content by: California Civil Rights Department and Child Care Law Center, presented on a CDSS webinar
Date: 2025-02-25
Web page: https://childcare.support/t/cdss-sb234/

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

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

## 3 things to know
- A landlord can't refuse to rent, evict or raise your rent because you run a family child care home.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=31]
- Renters give landlords written notice (LIC 9151) at least 30 days before opening a new home.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=34]
- Landlord written consent (LIC 9149) is needed when caring for 7-8 children (small) or 13-14 (large).  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=35]

## 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.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=34]
- Renters caring for 7-8 children (small) or 13-14 (large): get your landlord's written consent on LIC 9149.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=35]
- Choose one liability option: insurance ($100,000 per incident, $300,000 total), a $300,000 bond, or a signed LIC 282 affidavit.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=37]
- If you face housing discrimination, contact the Child Care Law Center or the Civil Rights Department (800-884-1684).  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=41; ✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=43; ✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=44]

## Welcome, disaster resources and licensing updates
- Held February 25, 2025, presented by the California Civil Rights Department and the Child Care Law Center.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=1; ✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=9]
- 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).  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=6]
- Sign up to get Provider Information Notices by email.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=7]
- 2025 provider webinars: March 25, June 24, September 30 and December 9, Tuesdays 6:00 to 7:30 p.m. (all now past).  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=8]

## About the presenters
- Both organizations say this is legal information, not legal advice.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=10; ✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=13]
- The Child Care Law Center offers limited legal representation to family child care providers facing housing discrimination.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=14]

## 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).  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=16]
- Protected characteristics in housing include source of income (including Section 8), familial status, primary language, immigration status, citizenship and age, among others.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=19]
- FEHA protects the right to operate a licensed child care in your home. Refusing to allow it is source-of-income discrimination.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=20; ✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=22]
- Fair housing laws apply to landlords, housing authorities, local governments, HOAs and many others.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=21]

## 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).  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=23]
- That includes single-family homes, duplexes, apartments, condos, townhomes, and mobile or manufactured homes.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=23]

## 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.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=24]
- They can't require zoning permits, business licenses (even free ones), business fees or business taxes.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=25]
- The only local authority that can regulate a family child care home's use or condition is the local fire department.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=25]
- Exceptions: rules that apply to all homes, and local fire clearance for large homes.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=26]

## 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.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=27; ✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=28]

## Landlord, HOA and lender protections
- Housing providers can't stop you from running a family child care home, including through leases or HOA agreements.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=29]
- Child care in a licensed home is a residential use by right, not a business use for renting purposes.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=30]
- 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.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=31]
- HOAs can't remove you, and lenders can't refuse you a loan, for running a family child care home.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=32; ✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=33]

## 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.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=34]
- 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.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=35]

## Insurance
- Liability insurance is not required, but is highly recommended.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=36]
- Choose one: insurance of $100,000 per incident and $300,000 total, a $300,000 bond, or a signed affidavit (LIC 282).  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=37]
- 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.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=38]
- 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.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=39; ✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=40]

## 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.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=41; ✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=42]
- CRD may investigate, offer conciliation, and prosecute in court if the dispute isn't settled.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=43]
- CRD: 800-884-1684 (TTY 800-700-2320), contact.center@calcivilrights.ca.gov. Child Care Law Center: (415) 558-8005 ext. 101, info@childcarelaw.org.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=43; ✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=44]
- No attendance certificates were given for this webinar.  [✓ official source: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf#page=47]

## Sources
- Official slides (English): https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/sb-234-housing-protections-family-child-care-providers.pdf
- Official slides in Chinese (Traditional): https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/02-25-2025%20SB%20234%20PP%20_Accessible_MAN%20CHN%20TRAD.pdf
- Official slides in Spanish: https://cdss.ca.gov/Portals/9/CCLD/CCP%20Documents/02-25-2025%20SB%20234%20PP%20_Accessible_SP.pdf

Independent notes, not an official record of any agency, host or presenter. Check official sources before acting.