Landlord wants day care ban

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Q: I own and manage a small apartment complex. I’d prefer not to have tenants running day care operations. I’ve allowed it before, but the noise and comings and goings of the children and the parents were disruptive; and I’m worried about my liability if someone is injured. Can I specify that this type of home business will not be allowed? –Janice C.

A: In a few states, including California and New York, a landlord’s attempt to prevent home day care operations on rental property would be illegal. In those states, the legislatures and courts have concluded that society as a whole has too much to lose, in the way of affordable, quality care for its children, if landlords are allowed to prevent home day care. But the majority of states have not reached that conclusion.