Yonkers, NY Home Business: Home Daycare (2026)

City Code § 43-41C governs family day-care homes as an accessory residential use. Subsection (1) sets the filing requirement: any residence used for providing family day care or day-care of school-age children in a family day-care home must place on file with the Department of Housing and Buildings a valid permit for such use issued by the State Department of Social Services as required in Part 416 of the Department Regulations, prior to the granting of a required certificate of occupancy. Subsection (2) folds the use into ordinary zoning compliance: the residence must still meet all of the standards and regulations applicable to the dwelling type and zoning district in which the activity is carried out.

Subsection (3) makes the state permit a condition of continued occupancy: failing to keep a valid permit on file, or violating any other applicable standard, is valid grounds for the Commissioner of the Department of Housing and Buildings to revoke the certificate of occupancy. A separate, larger-scale use, group family day-care homes serving up to 10 children (or 12 if all are over age two), carries an identical filing and revocation structure under § 43-41F, plus a specific site requirement: one off-street parking space per employee in the rear yard.

The Fire Code layers on its own conditions once the state permit is filed: § 59-296B bars portable or electrical heaters in any room children can access, requires extinguishers in the kitchen, boiler room and hallways, and mandates quarterly fire drills with a written log.