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thanks guys. I have given her all of this information and I guess she is still concerned about the childcare liability?????. There is a bit of a language barrier (it's actually not me,
) so I think it is making it a bit hard to explain everything to her.
I was thinking of drafting up a nice letter, but not too sure how to write to without sounding like I am threatening her. Any ideas?
Also, I have already given her all of my referrals even from my current landlord. I have also given her my detailed daily run down of how I run my business, my rules and how well I keep the home. I don't think any of those are concerns, it's only the liability issue at this point.Comment
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What about consulting a lawyer and having them assure her YOU carry liability insurance and by listing her as additionally insured you are protecting her from being sued. Sadly the way they can get around this is denying you for another reason. Offer her an additional deposit. Offer to pay for a consultation with an attorney of her choice.
Aside from that I don't know what else you can do? Maybe hire an interpreter who can translate what you're saying? Ugh! I can't imagine. I didn't know my rights before starting daycare and was denied a rental because they wouldn't allow a daycare and that's the only way we could afford the increase in rent. Stupid! Have her deny you for the daycare and then sue her! Buy the house with your winnings. LOL Kidding!!!
Anyway, so sorry daycare. I know you're trying!!!Comment
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I did find this sample letter.......tell me what you think..
SAMPLE LETTER TO LANDLORD
You may find that writing a letter to your landlord outlining your right to operate a
family child care home in rental property will help in their understanding of what
your rights are. The following is sample language you may want to use in a letter
to your landlord. You may use all of the information or the parts that pertain to
your particular situation.
Dear _________________:
This letter is to provide you with information about the protections in law that give
me the right to operate a licensed family child care home in my rental property.
CCAP 10/00 10
By definition, family child care must take place in the provider’s home. The law,
Health and Safety Code Section 1596.78 states in part: “’Family day care home’
means a home that regularly provides care, protection, and supervision for 14 or
fewer children, in the provider’s own home, for periods of less than 24 hours per
day, while the parents or guardians are away…”
Family child care homes are not child care centers which are run in facilities
other than the provider’s home and usually have large numbers of children. I am
licensed to care for (insert your licensed capacity here) children. I can not care
for any more children than my license allows.
The law also says that a landlord can not place restrictions on a tenant who does
family child care. That law is Health and Safety Code Section 1597.40 and it
says in part:
(b) Every provision in a written instrument entered into relating to real property
which purports to forbid or restrict the conveyance, encumbrance, leasing, or
mortgaging of the real property for use or occupancy as a family day care home
for children, is void and every restriction or prohibition in any such written
instrument as to the use or occupancy of the property as a family day care home
for children is void.
(c)…every restriction or prohibition entered into, whether by way of covenant,
condition upon use or occupancy, or upon transfer of title to real property, which
restricts or prohibits directly, or indirectly limits, the acquisition, use, or
occupancy of such property for a family day care home for children is void.
This means that a lease or rental agreement that prevents the use of the home
for any commercial purpose can not be used to prohibit licensed family child
care. It also means that I am not in violation of my (insert the appropriate term,
lease or rental agreement) by operating a licensed family child care home.
The law only requires me to notify you in writing that I am providing family child
care. The law does not allow you to discriminate or retaliate against me for
operating a family child care home. The law also does not require me to get your
permission to operate a licensed (insert the appropriate term, small family child
care home for six or fewer children or large family child care home serving 12 or
fewer children.)
The law requires me to get your consent if I care for two additional school-age
children, which would make my licensed capacity either eight or 14 children. If
you do not grant me consent to care for these two additional school-age children,
I can still operate a licensed family child care home. I just can not care for more
than (insert the proper number, six or 12 children.)
CCAP 10/00 11
You may also be concerned about your liability in case a child is injured in my
family child care home. The law, Health and Safety Code Section 1597.531,
gives me three options to address this concern: (1) I can purchase a liability
policy; (2) I can purchase a bond; or, (3) I can have all the parents of the children
in my care sign an affidavit provided by the Department of Social Services
acknowledging that I do not have liability insurance. Purchasing liability
insurance is up to me. You can not require me to do so. If you want to be
included as an additional insured party on any liability policy I may obtain, you
can do that only if you do so in writing to me. The law says that adding you as an
additional insured party is only allowed if the addition does not result in a
cancellation or non-renewal of the policy and if there is any additional premium
that you pay the extra cost.
You may also be concerned about “wear and tear” on the home because I am a
family child care provider. Please be assured that I keep my home neat and
clean at all times. My livelihood depends on having a home that is attractive to
parents who leave their children in my care. Also, the licensing agency makes
unannounced visits and I am required by licensing regulations to keep my home
“clean and orderly” at all times.
I hope I have helped to clear up any misunderstandings you may have about
family child care. I am more than happy to meet with you or provide you with a
copy of the licensing regulations I am required to follow if you have any
questions.
Sincerely,Comment
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Have you thought about maybe inviting him in to your current home and show him how nice, clean, and well maintained it is?
I hope everything works out for you
I am a rental property owner and a provider and I have shamefully passed up family day care providers because I know how it is.
Some people have really good kids and some don't and I was not willing to risk it with my rental property
I know I am terrible
good luck with itComment
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Just wanted to say I'm sorry you're going through this for trying to be honest and up-front about wanting to do daycare! ****s that it's biting you in the butt. Seems like if you're dead set on trying to get this lady to agree to rent to you, you might need to hire a lawyer to write a letter explaining what liability insurance will cover and protect her from. Other than that, I don't know what else you can do to convince her. All the documentation I have about tenant rights regarding home daycare in CA deals with AFTER you already have the lease:
Good luck! If you don't get this rental, next time don't feel bad AT ALL about keeping it a "secret" until after you have the lease.Comment
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That is what I was thinking too. You can't force a landlord to rent to you because you have a daycare.
I think the rules are about a landlord wanting to evict you AFTER they find out you have a daycare.
If this landlord doesn't want to rent to you because you have a daycare, she will just use another reason for not renting to you. kwim?
No different that providers not wanting to enroll a child for whatever reasons. We usually just use the "space is filled" line instead of the "real" reasons.Comment
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Exactly... Unfortunately there's no protection against this.
Just a little story to share... A girl on my Facebook that I know from another forum who lives here in CA posted about looking for a job but it's so difficult because she needs to make at least $15/hr just to break even after paying for daycare, doesn't include anything else. Finding a job for more than $15/hr is nearly impossible around here, especially as a mom who's been out of the workforce for some time raising children. I thought she did daycare and asked her why she wasn't doing daycare anymore and I guess she was license-exempt and only watching one family but that ended awhile back. I told her to consider getting her license and doing licensed care because it beats paying for daycare when you have so many little ones and need to make $X amount to break even. She said that her landlord won't let her run a business from her home and won't allow her to have a daycare. I replied that that's totally illegal and he can't do that and linked the one posted way up at the top of this page with legal advice about daycare and tentant issues. So she replies that her landlord is a lawyer so he knows what he's talking about... :: Oh I was LOL I think what she's doing is trying to NOT work and make it impossible to find a job for herself and then she can just SAH. But I wonder how many other people don't realize they're being lied to and illegally denied the right to run a small daycare from their home. It's crazy!!!
Comment
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I had this issue and it was actually my parents that own the house. They were very concerned about being held liable as well if anything happened. They called their insurance company and the policy that they have and most insurance policies for rentals states that there can not be any business ran out of the house. If my dad wanted to change the policy to one that allowed this his rate would triple, which the daycare (I) would have to cover. So his insurance plus my rental insurance plus daycare insurance was way to much so we decided to buy instead.Comment
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In CA there are laws that protect FCC. It is actually illegal in CA to deny renting to someone that wants to do FCC or to deny them if they later wanted to. All they can do is limit the amount of kids you care for to 6 (or 12 if large fcc) and request a higher security deposit (not more than 2 months worth of rent).
Here is something else from publiccounsel.org
Here is the wording to the actual codes:
CAL. HSC. CODE ยง 1597.40
California Health and Safety Code Section 1596.750Comment
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A home daycare is not considered a business. You don't need a business license in CA to run a family daycare. You're not required to have insurance either. I have both a rental insurance policy and a daycare insurance policy in place and I'm sure my landlord has some type of insurance? Insurance companies want to limit their liability and will do so any way they can including lying. Some policies offer an umbrella policy for childcare to keep customers with them. Other's don't.Comment
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I absolutely agree, but the problem is proving that they denied someone FOR the daycare alone. It's like an employer not hiring a pregnant woman, they can come up with multiple other reasons why they didn't hire them even if the real reason is the pregnancy which is illegal. KWIM?Comment
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This is true, and legally if you are planning on renting a home or apartment and plan on moving your FCC there you have to give a 30 day notice of INTENT to do child care. So really we are supposed to tell them right away. Licensing requires a form to be filled out by the landlord and you have to have it on file.
So even if you are having plans to not disclose your info until after you move in you can't do that here. It's a rock and a hard place to be in.
And then let's not even get into how hard the process of moving and licensing is. They want a form filled out and then they give you a new facility number (license number) and cancel your current one but can't do daycare in your current place without a licence for that home and can't do daycare in your new home until they come out and do a walk-through. It does depend on your licensor and I called mine to ask and she said she's willing to work with people and not issue a new facility number until AFTER the walk-through, so there's that at least.Comment
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