Home Daycare Licensing Rules in New York

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.

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.