ยง502-111 - Family child care homes; permitted uses in residential areas.
PART XI.ย OTHER
PROVISIONS
Note
ย Sections 502-1 to 502-4 designated as part XI and part
heading amended by L 2009, c 102, ยง2(12).
ยง502-111ย Family child care homes; permitted
uses in residential areas.ย (a)ย Family child care homes shall be
considered a residential use.ย 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)ย This provision shall not apply to:
(1)ย Housing for older persons as defined by 42 United
States Code section 3607(b)(2);
(2)ย Limited-equity housing cooperatives created
pursuant to chapter 421H; or
(3)ย Cooperative housing corporations created pursuant
to chapter 421I.
(c)ย For the purposes of the section,
"family child care home" means a private residence, including an
apartment, unit, or townhouse, as 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,
ยง4; am L 1999, c 242, ยงยง6, 8(2); am L 2001, c 225, ยง3; am L 2005, c 20, ยง1]