North Carolina SB 1051: Don't Zone Out Child Care.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 1051

Short Title: Don't Zone Out Child Care. (Public)
Sponsors: Senators Chaudhuri and Burgin (Primary Sponsors).
Referred to: Rules and Operations of the Senate
May 4, 2026
*S1051-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROTECT THE RIGHTS OF HOMEOWNERS AND TENANTS TO OPERATE 2
LICENSED FAMILY CHILD CARE HOMES BY LIMITING RESTRICTIONS BY 3
HOMEOWNERS ASSOCIATIONS, LANDLORDS, AND LOCAL GOVERNMENTS. 4
Whereas, licensed family child care homes are a vital component of North Carolina's 5
child care infrastructure, providing care for small groups of children in residential settings and 6
serving families who depend on accessible, community-based care; and 7
Whereas, homeowners associations, landlords, and local government zoning 8
regulations may impose restrictions that prevent qualified individuals who are homeowners or 9
tenants from opening or operating licensed family child care homes, thereby reducing the 10
availability of child care; and 11
Whereas, the State has a compelling interest in expanding child care access, and that 12
interest is served by ensuring that residential property owners and tenants can operate licensed 13
family child care homes without unreasonable interference from private covenants or restrictive 14
local zoning requirements; and 15
Whereas, licensed family child care homes are consistent with residential use and 16
shall be treated in zoning law as residential uses of property for purposes of land use regulation; 17
Now, therefore, 18
The General Assembly of North Carolina enacts: 19
SECTION 1. Chapter 110 of the General Statutes is amended by adding a new 20
Article to read: 21
"Article 7A. 22
"Protection of Family Child Care Home Operations. 23
"§ 110-107.25. Definitions. 24
The following definitions apply in this Article: 25
(1) Family child care home. – The same meaning as set forth in G.S. 110-86(3)b., 26
limited to facilities licensed under G.S. 110-88. 27
(2) HOA governing document. – Any declaration, covenant, condition, 28
restriction, bylaw, rule, or regulation of a homeowners association, 29
condominium association, planned community, or similar entity that governs 30
the use of residential property. 31
(3) Landlord. – The same meaning as set forth in G.S. 42-40(3). 32
(4) Licensed operator – Any person holding a valid license to operate a family 33
child care home issued by the Secretary pursuant to G.S. 110-88, whether the 34
person is a homeowner or a tenant residing at the licensed premises. 35
"§ 110-107.26. HOA restrictions prohibited. 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 1051-First Edition
(a) Any provision of an HOA governing document that prohibits, restricts, conditions, or 1
penalizes the operation of a licensed family child care home by a member or resident who holds 2
a valid license issued pursuant to G.S. 110-88 is void and unenforceable as contrary to the public 3
policy of this State. 4
(b) A homeowners association or condominium association shall not do any of the 5
following: 6
(1) Deny, suspend, revoke, or condition membership rights or community 7
privileges solely on account of a member's operation of a licensed family child 8
care home. 9
(2) Impose fees, assessments, fines, or penalties on a member solely on account 10
of the member's operation of a licensed family child care home. 11
(3) Require approval or consent of the association as a condition of operating a 12
licensed family child care home. 13
(c) Nothing in this section prohibits an association from enforcing rules of general 14
applicability relating to parking, noise, exterior modifications, or use of common areas to the 15
extent such rules do not impose requirements more burdensome on licensed family child care 16
homes than on other residential uses. 17
"§ 110-107.27. Landlord restrictions prohibited. 18
(a) A landlord shall not include in any lease, rental agreement, or tenancy arrangement a 19
provision that prohibits, restricts, or penalizes a tenant from operating a licensed family child 20
care home at the leased premises. 21
(b) Any lease provision in violation of subsection (a) of this section is void and 22
unenforceable as against public policy. 23
(c) A landlord shall not terminate a tenancy, refuse to renew a lease, or take any adverse 24
action against a tenant solely because the tenant operates or intends to operate a licensed family 25
child care home. 26
(d) A tenant operating a licensed family child care home remains responsible for 27
compliance with all other applicable lease terms, including obligations regarding maintenance of 28
the premises, liability, and insurance, and shall carry liability insurance in amounts sufficient to 29
cover the operation of the child care home. 30
(e) A landlord may require a tenant to do the following: 31
(1) Provide written notice of the intent to operate a licensed family child care 32
home. 33
(2) Provide a copy of any license iss