Oregon Senate Bill 599 aims to expand the rights of tenants who operate family child care in rental homes. The bill outlines specific situations where landlords cannot prohibit this use and establishes guidelines for cooperation and potential requirements.
Key Points:
Landlords cannot prohibit use as a family child care home: If the home is certified or registered and the tenant notifies the landlord, they cannot prevent its use for this purpose.
Landlords must cooperate reasonably: Landlords are obligated to take reasonable steps to work with tenants who use or intend to use the dwelling as a family child care home.
Tenant enforcement: Tenants have the right to enforce their rights under this bill through existing legal procedures.
Landlord exceptions: Landlords can still:
Charge for modifications needed for certification/registration (not required by law or the rental agreement).
Prohibit uses not allowed by zoning or association rules.
Prohibit uses not allowed by Early Learning Council regulations.
Optional liability requirements for tenants: Landlords can choose one of two options:
Tenants can require parents to sign a document acknowledging no liability for the landlord and lack of specific insurance coverage.
Tenants can carry additional liability insurance covering injuries to children and guests.
Additional notes:
This bill does not require family child care homes to carry insurance unless mandated by the landlord.
The bill does not apply to housing designated for older adults.
The bill expands the existing anti-retaliation protections for tenants, including those who use their dwelling as a family child care home.
Overall, SB 599 aims to strike a balance between the rights of tenants operating family child care homes and the legitimate concerns of landlords. It's important to note that this is a summary of the bill and does not constitute legal advice. It's always recommended to consult with an attorney for thorough legal guidance or read the entire bill: https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/SB599/Enrolled