[MISCELLANEOUS
PROVISIONS]



 



§501-231  Family child care homes; permitted
use in residential areas.  (a)  Family child care homes shall be considered
a residential use.  Notwithstanding any other law to the contrary, every
recorded restriction or prohibition entered into whether by way of covenant,
condition upon use or occupancy, or upon transfer of title to residential real
property, which directly or indirectly restricts or prohibits family child care
homes on residential real property is void.



(b)  This provision shall not apply to:



(1)  Housing for older persons as defined by 42 United
States Code section 3607(b)(2);



(2)  Limited-equity housing cooperatives created
pursuant to chapter 421H; or



(3)  Cooperative housing corporations created pursuant
to chapter 421I.



(c)  For the purposes of this section
"family child care home" means a private residence, including an
apartment, unit, or townhouse, as those terms are defined in section 502C-1, at
which care may be provided for three to no more than six children who are
unrelated to the caregiver by blood, marriage, or adoption at any given time.
[L 1996, c 303, §3; am L 1999, c 242, §§5, 8(2); am L 2001, c 225, §3; am L
2005, c 20, §1]