What's happening
This bill requires neighborhoods be notified and given a chance to object before licensing certain child day care centers in residential zones.
Why it matters
Puts local input into the licensing process. The bill gives neighbors living within a five-residence radius formal notice and a chance to voice support or objections before a child day care center (with 7+ children) or group family day care is licensed in a residential zone, making neighborhood opinion a significant factor.
Triggers formal review if objections arise. If anyone objects, the licensing decision must go through an official adjudicatory proceeding, adding legal rigor and potentially slowing or complicating the approval process for new day care centers.
Requires government to balance community and applicant interests. The Department must weigh the benefits to both the applicant and the neighborhood against possible harms to the community’s health, safety, welfare, or property values—explicitly considering whether the new day care would alter the neighborhood’s character.
Could impact access to child care. By introducing more steps and opportunities for neighborhood opposition, the bill may make it more difficult to open new child care options in residential areas, which could affect working families’ access to local day care.
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Who cares
Headline styles
Let Neighbors Weigh In
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to children and families
- Referred to children and families
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5711
2017-2018 Regular Sessions
IN ASSEMBLY
February 14, 2017
Introduced by M. of A. CURRAN, FINCH -- read once and referred to the Committee on Children and Families
AN ACT to amend the social services law, in relation to allowing neighborhoods an opportunity to be heard regarding the licensing of a child day care center caring for seven or more children or a group family day care program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 390 of the social services law is amended by adding a new subdivision 1-a to read as follows:
1-a. If an applicant for a license for either a child day care center caring for seven or more children or a group family day care program intends to establish such child day care at a location that is zoned only as residential, prior to granting such a license, the department must provide the neighborhood in which such child day care will be located, an opportunity to be heard. Notice must be given in compliance with procedures determined by the commissioner and shall include, but not be limited to, written notice to all owners and/or occupants of residences within a five residence radius of the proposed child day care location, and shall provide a method for those notified to object to the licensing of such child day care. An objection shall qualify the matter to be treated as an adjudicatory proceeding as provided for in article three of the state administrative procedure act. The department will make the final determination as to the licensing of an opposed child day care location. In making its determination, the department shall take into consideration the benefit to the applicant and the neighborhood if the license is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the department shall also consider whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the license.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08530-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.