New York Statewide Rule
Home Daycare Licensing Rules in New York
Key Facts
- Statute
- Social Services Law Section 390
- Regulator
- OCFS
- Local Ban
- Preempted
- Residential Use
- Permitted by right
Summary
New York Social Services Law preempts municipalities from imposing additional licensing on family or group family day care homes and requires the Office of Children and Family Services to regulate child care uniformly across the state.
12. (a) Notwithstanding any other provision of law, except as may be required as a condition of licensure or registration by regulations promulgated pursuant to this section, no village, town (outside the area of any incorporated village), city or county shall adopt or enact any law, ordinance, rule or regulation which would impose, mandate or otherwise enforce standards for sanitation, health, fire safety or building construction on a one or two family dwelling or multiple dwelling used to provide group family day care or family day care than would be applicable were such child day care not provided on the premises.
Full Breakdown
Social Services Law Section 390 establishes the Office of Children and Family Services as the sole licensing authority for family day care, group family day care, and day care centers. Section 390(12) explicitly bars any municipality from prohibiting family day care as a residential use or imposing license, registration, or inspection requirements beyond state law. Municipalities may apply neutral zoning rules that affect any single-family residence, but cannot single out home daycare. OCFS regulates ratios, safety, and background checks statewide.
Violations & Penalties
Operating an unlicensed home daycare with more than two unrelated children beyond statutory limits is a misdemeanor under Section 390(11) and can carry fines up to one thousand dollars per day. Local rules that try to ban home daycare in residential zones are preempted and unenforceable.
Frequently Asked Questions
Can a town zoning code prohibit home daycare in single-family neighborhoods?
How many children can I care for without a license?
Sources
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