The San Diego City Council unanimously passed an ordinance earlier this month that will require lease agreements within the city to include notice of tenants’ rights to operate daycare facilities from their homes.

The July 17 vote came as a response to City Council concerns about a childcare shortage in San Diego.

The ordinance stems from SB 234, or the Family Daycare Homes law, from 2019. This state legislation enhanced a decades-old law that prevents landlords from forbidding or restricting tenants’ right to operate a family daycare home in their residences.

 After Jan. 1, 2024, the new city law will require every lease “establishing a tenancy” to include the childcare noticing requirements. That language leaves some ambiguity as to whether the new disclosure will need to be incorporated into existing rental agreements or is only required for new and renewing agreements. California Apartment Association will create a form to add the notice to existing rental agreements and recommends using that form to ensure compliance with the ordinance.

Councilman Raul Campillo, who authored the ordinance, contends it is crucial to ensure that both landlords and tenants are fully aware of the rights and protections related to in-home family childcare in San Diego.

CAA worked with Campillo to delay the ordinance’s implementation until next year, providing property owners more time to comply.

“Unfortunately, this ordinance comes immediately after the tenant protection ordinance which causes the need for comprehensive updates to leasing documents,” said Melanie Woods, vice president of local public affairs for CAA. “We encouraged the city to proactively reach out to housing providers, so they are aware of the mandatory updates.”

The tenant protection ordinance, officially named the “Residential Tenant Protections Ordinance to Prevent Displacement and Homelessness,” imposes new “just cause” eviction restrictions and outlines rules for tenant buyout offers and agreements.

CAA will provide the necessary forms to help property owners meet the new childcare-noticing lease requirements as the implementation date approaches.