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Daycare Center and Family Home Forum>Zoning Question
Play Care 10:59 AM 06-07-2016
When I was first stating out I seem to recall being told that if we were issued license by OCFS to have an in home, that we couldn't be shut down by the town/zoning. I think it was under the idea that State law trumps town. But I can't seem to find anything in the regs saying this.

When we first moved into our home we signed paperwork saying that prohibited things like pools in the front yard, livestock, etc. I don't recall any ban on in home business, but I also wasn't looking for it. I have no idea where this paper is. recently someone mentioned signing similar paperwork that banned in home business, specifically child cares

Does anyone have any insight?
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daycarediva 11:20 AM 06-07-2016
A local gated community (houses between 250-500k) here has that in the HOA paperwork. They shut down a sahm watching ONE child.

We don't have a HOA, but I did have to notify the city, and I have to get a permit for EVERY.DANG.THING, mulching in an area larger than 10x10? permit. putting up my dc shed? permit. putting up my 3 1/2 ft fence? permit.
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Blackcat31 11:38 AM 06-07-2016
Originally Posted by Play Care:
When I was first stating out I seem to recall being told that if we were issued license by OCFS to have an in home, that we couldn't be shut down by the town/zoning. I think it was under the idea that State law trumps town. But I can't seem to find anything in the regs saying this.

When we first moved into our home we signed paperwork saying that prohibited things like pools in the front yard, livestock, etc. I don't recall any ban on in home business, but I also wasn't looking for it. I have no idea where this paper is. recently someone mentioned signing similar paperwork that banned in home business, specifically child cares

Does anyone have any insight?
If the city has zoning laws preventing in-home businesses, how would anyone have an in-home child care then?

Or are you referring to your specific neighborhood?

All zoning laws for my area, are listed/accessible via our city/county website. Does your city/county have a website you could look at maybe?
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Play Care 12:19 PM 06-07-2016
I'm not crazy!!

In NYS a town/village can NOT tell a licensed in home they can not operate.

However, if a person signs an HOA agreement that prohibits in home business then that's different because they have a CONTRACT ( ) with the HOA saying they won't do it.

Phew.
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Sugar Magnolia 01:05 PM 06-07-2016
Depending on the law in your state, individual landlords may specifically prohibit it.
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Play Care 01:39 PM 06-07-2016
Originally Posted by Sugar Magnolia:
Depending on the law in your state, individual landlords may specifically prohibit it.
I only was thinking of those who were homeowners, but good point!
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