Adult Care Homes

[Habanero]

By our definition of family the City allows 5 unrelated people, one being an adult, to live together by right. So we have a ton of homes turning into the very profitable adult care homes, operating by right with 5 permanent residents and hiring shift/care workers. There is no separation between homes because they are operating as a family, although if they wish to apply for a Use Permit and expand to 6 or more permanent residents there is a 1200 ft separation requirement.

My question is this: no one up here thinks these homes need to apply for a business license because they are operating under our definition of family. Even if operating as a family, they are clearly making moeny, shouldn't they have to apply for a business license?

 

[Chet]

The Fair Housing Act regulates them to some extent, so there is very little burden to the community insofar as oversight and regulation goes. Your State probably licenses them, right?

We allow up to 8 in a single family home by right and without a business registration. Over 8 they get business classification and local review.

 

[donk]

Your State probably licenses them, right?

We deal with it in a similar manner, as soon as a license is required, then the approvals and standards setforth in the Zoning By-law kick in. Most end up needing our approval as they won't get government funding / subsidies unless they are licensed.

 

[Habanero]

Your State probably licenses them, right?

Yup, but the state has a hands off approach to what we require- they'll license up to 10 people in one house as long as they meet the state space requirements and hardly ever tell the applicants to get zoning clearance from the City.

 

[BKM]

Our state (California) preempts local regulation.

 

[Habanero]

As I would think most states would, but our City requires a Use Permit. Now I have turned over all of my records of those operating by our definition of family to our tax dept. per their request. *ducking from incoming phone calls*

 

[BCF]

Our state (California) preempts local regulation.

Well, only up to 6. After that, we can require a permit.

=Bob