Home Daycare: Albany vs Colonie
How do home daycare rules compare between Albany, NY and Colonie, NY?
Albany and Colonie have similar restriction levels.
Albany, NY
Albany County
Albany County home daycares are licensed by NY Office of Children and Family Services (OCFS) under Social Services Law §390 and 18 NYCRR Part 417 (Family Day Care) or Part 416 (Group Family Day Care). Family day care: up to 8 children; Group: up to 16 with assistant. Local zoning approval also required.
View full Albany rules →Colonie, NY
Albany County
Albany County home daycares are licensed by NY Office of Children and Family Services (OCFS) under Social Services Law §390 and 18 NYCRR Part 417 (Family Day Care) or Part 416 (Group Family Day Care). Family day care: up to 8 children; Group: up to 16 with assistant. Local zoning approval also required.
View full Colonie rules →Key Facts Comparison
| Fact | Albany | Colonie |
|---|---|---|
| State Regulator | OCFS 18 NYCRR 416/417 | OCFS 18 NYCRR 416/417 |
| Family Day Care | Up to 8 children | Up to 8 children |
| Group Family | Up to 16 w/ assistant | Up to 16 w/ assistant |
| Zoning | Right of use SSL §390(12) | Right of use SSL §390(12) |
| Background Check | Fingerprint required | Fingerprint required |
Highlighted rows indicate differences between cities.
Albany FAQ
Can my Colonie HOA prohibit me from running a state-licensed home daycare?
NY Social Services Law §390(12) makes licensed home daycare a residential use of right in most zones, but HOA covenants are contracts; some restrictions may still apply. Consult an attorney — case law generally favors licensed providers.
How many children can I watch without a license in NY?
Up to 2 children (not your own) for less than 3 hours per day, or care for children of one relative, per 18 NYCRR §413.2. More children or longer hours triggers OCFS licensing requirements.
Colonie FAQ
Can my Colonie HOA prohibit me from running a state-licensed home daycare?
NY Social Services Law §390(12) makes licensed home daycare a residential use of right in most zones, but HOA covenants are contracts; some restrictions may still apply. Consult an attorney — case law generally favors licensed providers.
How many children can I watch without a license in NY?
Up to 2 children (not your own) for less than 3 hours per day, or care for children of one relative, per 18 NYCRR §413.2. More children or longer hours triggers OCFS licensing requirements.
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