AN ACT to amend Tennessee Code Annotated, Title 66, relative to restrictions on the use of property.
Impact
The bill seeks to promote the establishment of child care services in residential areas by removing prior barriers set forth by homeowners' associations. This is particularly relevant given the increasing demand for accessible child care options. By ensuring that licensed operators can set up child care homes without the threat of association restrictions, SB2282 aligns with state efforts to potentially enhance child care availability in communities. Overall, it encourages the growth of child care facilities to better serve families in Tennessee.
Summary
Senate Bill 2282 aims to amend the Tennessee Code Annotated, specifically Title 66, to address restrictions on the use of residential property concerning child care services. The bill creates new provisions to ensure that if a family or group child care home obtains the necessary licenses from the Department of Human Services and relevant local government permits, any existing declarations from homeowners' associations that restrict their operation would be declared void. This means that such associations cannot enforce these restrictions against licensed child care providers operating within their jurisdictions.
Contention
Discussions surrounding SB2282 may include concerns from homeowners' associations about losing control over property use within their communities. Some residential groups might argue that allowing child care homes could lead to increased traffic and noise, affecting the quality of living. Additionally, while the bill provides certain protections for care providers, there could be pushback regarding the legality of overriding pre-existing agreements or covenants that homeowners associations have enacted to govern their subdivisions.
Additional_points
The bill also stipulates that landlords cannot refuse to rent to a tenant based solely on their intent to operate a licensed child care home. Landlords are permitted to request certain conditions, such as maintaining insurance and providing notice when applying for a child care license. This could bolster the law’s intent to diminish barriers for future operators while ensuring some level of accountability is maintained.