HB 2306

If a current or prospective family child care home or group child care home (together, "child care home"") obtains the necessary license from the department of human services and any necessary permits or license from the local government entities with jurisdiction over the location where the child care home is or is proposed to be sited, then this bill provides that any restrictions on the operation of a child care home in a declaration applicable to the property where the child care home is or will be site d are void and must not be enforced by the homeowners' association or unit owners' association. A n association that willfully violates this prohibition is liable to the care provider for a ctual damages and p unitive damages in an amount not to exceed $1, 000. This paragraph applies to new declarations created, or existing declarations amended, on or after the effective date of this bill. RENTAL AGREEMENTS This bill prohibits a landlord from refus ing to rent, refus ing to negotiate the rental of, or otherwise mak ing unavailable for rent to a current or prospective tenant a single-family or multifamily dwelling zoned for residential use, because the tenant operates or plans to operate a licensed child care home at the dwelling. This prohibition applies to rental agreements entered into or amended on or after the effective date of this bill. However, this bill authorizes a landlord to require a tenant or tenant-operator to do the following :  Provide notice when the tenant applies for a license to operate a child care home and upon receipt of such license .  Maintain liability insurance in an amount that provides the tenant-operator with reasonable protection against injury claims resulting from the tenant-operator's negligence or that of an employee .  Add the landlord as an additional insured to the tenant-operator's business, rental, homeowner, or liability insurance policy .  Refrain from making structural changes to the premises without the landlord's written permission and remove or reverse any such changes, at the landlord's request, before vacating the premises .  Abide by the landlord's reasonable restrictions on use of a multifamily property's shared space by the tenant's employees, guests, or clients. This bill provides that a landlord that willfully violates the provisions above is liable to the tenant or tenant-operator for a ctual damages and p unitive damages in an amount not to exceed $1, 000."