Albany, NY Home Business: Home Daycare (2026)
Key Facts
- Child cap
- 10 unrelated children, 13 max total
- Location
- Operator's primary residence
- Staffing
- 1 full-time or 2 half-time assistants
- Signage
- No advertising or ID signs allowed
- State licensing
- OCFS license required for 3+ children
Summary
Albany allows a family day-care home as an accessory use in a residence, capping it at 10 unrelated children plus limited overflow, and requiring the operator to run it from their primary residence.
No more than 10 children unrelated to the operator shall be kept on the premises. Up to three additional children over the age of two may be kept for up to two hours per day. Up to three additional school-age children may be kept on unscheduled days of school closings; provided that at no time shall more than 13 children unrelated to the operator be kept there at one time.
(ii) The use shall be located in a dwelling used by the operator as their primary residence.
(iii) The operator shall not employ more than one full-time (40 hours per week) assistant who does not reside on the premises or more than two half-time (20 hours per week) assistants who do not reside on the premises.
(iv) No advertising or identification sign shall be placed on the premises.
(g) Delivery service.
(i) Businesses shall provide at least one off-street parking space per delivery vehicle or shall secure one dedicated on-street parking space per vehicle where approved by the City.
(h) Drive-in or drive-through facility.
(i) In addition to complying with all requirements for design, layout, and vehicle stacking distances in § 375-405 (Parking and loading), any menu boards or order stations that are not attached to the primary building shall be oriented so that light and sound impacts are directed away from any adjacent lot in a residential zoning district.
(i) Electric vehicle charging station. (Reserved)
(j) Home occupation.
(i)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).
Full Breakdown
Albany's Unified Sustainable Development Ordinance allows a day-care home as an accessory use inside a dwelling occupied by the operator. City Code § 375-303(6)(f) caps it at 10 unrelated children, plus up to three more over age two for two hours a day and up to three school-age children on unscheduled school-closing days, never exceeding 13 at once. The operator is limited to one full-time or two half-time outside assistants, and no advertising or identification sign is allowed on the premises. Any home serving three or more children must also be licensed by the New York State Office of Children and Family Services.
Violations & Fines
Operating without meeting these limits or hiring extra staff violates the USDO's use-specific standards; the City can pursue zoning enforcement, and an unlicensed home risks state OCFS action too.
Frequently Asked Questions
Can I run a day-care home in my Albany residence?
Do I need a state license too?
Sources & Official References
Other rules in Albany
New York rules heatmap·Compare Albany to another location·View the New York home business overview
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