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City staff recommend removing local zoning restrictions on home day care after state preemption
Summary
Planning staff told council that New York State law preempts municipal regulation of licensed or registered family and group family day care homes in residential districts; staff recommended redacting the local zoning provision and preparing a local law and public hearing to remove it from the zoning table.
City staff told the council that state social-services law preempts the municipality from regulating licensed or registered family and group family day care homes as an accessory use in residential districts. "So the New York State social service law, as the planner said, preempts the municipality from regulating it in this manner," a planner said.
Council members expressed concern about potential saturation of home day cares on single streets and the effect on existing providers' viability. Several members asked staff to research how state regulation addresses density concerns, whether special permits previously issued by the city would be affected, and whether senior day care licensing differs. Staff said they would prepare a draft local law to remove the provision from the zoning code, schedule a public hearing and consult with state representatives about possible statutory remedies.
Council agreed this was a discussion item requiring additional information and directed staff to return quickly with a more detailed recommendation and regulatory language.
