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Can a landlord tell you that you cannot babysit in your apartment? It's not on my lease at all to not do either one, babysit or child care. I asked my landlord if it would be alright take care up to 5 kids. He said yes and then turns around and tells me no weeks later. His reason is what if one of the kids falls down the stairs. I wanted to tell him what about the damn kids that play in the hallway running around making all this noise. I'm about to get license through the state of NY. Please help me with any legal advice. I would greatly appreciate it.
First, FIVE kids is NOT babysitting, it is a business!
Second, you need a license and training to open a daycare center.
Third, you cannot legally use your apartment as a business/commercial premises.
Your LL is quite correct, in not wanting to put himself in a position to be potentially sued.
Which is why, Daycare centers MUST carry insurance!!! Along with a host of other accommmodations to ensure the safety and well being of the children.
Bottom line, generally, you are not allowed to run a commercial enterprise from a residential apartment or home. Nothing to do with the Lease, and all to do with the Law. Law always supercedes a contract/lease terms. Lease terms cannot contradict the Law.
First, FIVE kids is NOT babysitting, it is a business!
Second, you need a license and training to open a daycare center.
Third, you cannot legally use your apartment as a business/commercial premises.
Your LL is quite correct, in not wanting to put himself in a position to be potentially sued.
Which is why, Daycare centers MUST carry insurance!!! Along with a host of other accommmodations to ensure the safety and well being of the children.
Bottom line, generally, you are not allowed to run a commercial enterprise from a residential apartment or home. Nothing to do with the Lease, and all to do with the Law. Law always supercedes a contract/lease terms. Lease terms cannot contradict the Law.
Yes, you do need a license to watch children in your home however you don't need real formal "training" do so but you do have to be license. And it would not be considered a daycare center either, in fact you don't need insurance or your landlord's approval to watch children in your home either. Daycare center is by far different than what she is doing.
Must have at least two (2) years experience caring
for children under 6 years old, OR one (1) year
experience plus six (6) hours of training in early
childhood development.
Regulated by NYS Social Services Law Section 390
Part 417
Group Family Day Care
Located in the home
For children ages six (6) weeks to 12 years old
Seven (7) to sixteen (16) children allowed
Must have at least two (2) years experience caring
for children under 6 years old, OR one (1) year
experience plus six (6) hours of training in early
childhood development.
Must have an assistant present with the same qualifications stated above.
Regulated by NYS Social Services Law Section 390
Part 416
Thank you for all your replies. Yes I figured he could not tell me I cannot watch kids in my apartment. I will be licensed next month through NYS for Family Day Care and I have insurance that protects my belongings in my home and 6 kids are insured under my insurance. Plus my lease does not say I cannot babysit or do childcare.
I would be pissed to be your neighbor or live below you
I am pissed to live below quite a few people who come home all hours of the night, dragging their shoes across the floor or the folks who leave all their trash on the first floor of the building or the folks below me who smoke in the hall ways... It's the price we sometimes pay when we live in apartment buildings all packed like sardines..
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Childcare
