Oregon Senate Bill 599 Family Child Care and Rental Homes
Oregon Senate Bill 599 takes affect on January 1, 2024. The bill makes an attempt to add additional child care options for Oregon families. With limited exceptions landlords will be required to allow child care in their rental properties. Oregon is experiencing a shortage of child care options available to families in need of before/after school child care and daily full-time child care for those with younger pre-school age children.
Like most bills this one is complex. Exceptions to the bill exist, such as a Homeowners Association Bylaws prohibiting child care in their communities. Not all child care is treated equal nor are the potential landlord requirements necessarily uniform. As an example, a Landlord may require a tenant to maintain Liability Insurance among other options in a “reasonable amount” [undefined] or as an alternative Landlords may require each parent to sign a waiver of liability. You want to be sure you are properly mitigating risk, protecting you and your property from severe potential Liability.
Further there are different classifications of Child Care to consider.
Before you deny or move forward with any request from a tenant to run a Child Care operation it is strongly suggested you seek the advice of your attorney.
I’ve asked my attorney for clarification on several parts of the bill such as:
1. Section 2. 4 (b)
Must the property have specific Associations or zoning restrictions in order to deny the tenant’s request? For example, what if the properties Covenants Conditions and Restrictions (absent a homeowners association) contains a prohibition on running an inhome childcare, can we refuse the request?
2. Section 5. (a) (A)&(B) or (b) (A) & (B)
Is it true there are two options and we can not require all four requirements?
As I read it, I can require a signed written waiver from the child’s parents of liability or reasonable Liability/Surety Bond coverage naming LL as Additional Insured.
What defines reasonable? I would want to require at least $1m in coverage? Perhaps I should require more? Can I?
Is it an either/or 5 (a) or (b)?
Can I require both 5 (a) and (b)?
If I can only require 5 (a) or (b), which option in practice provides the greatest reduction in liability for me, my company and the property owner? Signed waiver, or liability coverage?
You can read the entire bill at SB 599