Family child care providers who operate their businesses out of their own rental units will now have greater protections and education, the San Diego City Council voted Monday.
Councilman Raul Campillo authored the ordinance, intended to strengthen Senate Bill 234 — which bars landlords from evicting tenants or raising rent for the sole reason of operating a family child care home — by requiring information about the law in any rental agreements signed in the city.
"Access to quality and affordable childc are is often unavailable for far too many working families in the city of San Diego," Campillo said. "We know that family child care providers play a vital role in providing essential services for families and that they can be a big part of improving the supply of child care options in our city.
"That's why I authored today's ordinance: renters need to know their rights so they can stand up to discrimination from landlords who aim to skirt the law," he said. "Improving access to quality and affordable child care remains a top priority for me."
San Diego parents face a shortage of child care options, particularly in less-affluent areas. Many of these businesses also closed down during the COVID-19 pandemic.
A recent report by The San Diego Foundation and the University of San Diego found that there is "no available licensed child care option for 48% of children ages 0 to 5 whose parents work." The report also states that the annual cost of full-time child care expense for two young children is nearly $34,000. More than three-quarters of parents say "it's a challenge" to find child care in San Diego County.
Family child care home providers care for a group of children in their own private home, such as a house, apartment, or condo unit.
That University of San Diego and the San Diego Foundation study in 2022 counted 3,213 family child care homes countywide, providing 31,974 spots for children. Those spots represent nearly one-third — 32.3% — of total licensed child care spots in the county, with child care centers making up the remainder.
"The city of San Diego's action marks the strongest commitment seen from local government supporting family child care providers' rights as tenants, both as a provider of an important community service and as an integral part of our local economy," said Courtney Baltiyskyy of the Children First Collective. "With over 1,400 family child care providers in the city of San Diego, this ordinance affirms the critical importance of child care for our community and economy."
SB234, authored by Sen. Nancy Skinner, D-Oakland, was signed into law in 2019 and went into effect on January 1, 2020. The bill "strengthens protections for family child care providers, both who currently operate family child care or wish to operate family child care in the future," a statement from Campillo's office reads.
In addition to prohibiting landlords from evicting or raising rent because a tenant is providing family child care, it also bars landlords from refusing to rent to providers solely because a provider has a family child care home.
California State law already requires a variety of disclosures be included in a rental housing agreement, such as for lead-based paint, bed bugs, asbestos, death in the rental unit and others.
Following Monday's action, the ordinance heads to Mayor Todd Gloria's desk to be signed and will take effect on January 1, 2024.
