Real Property - As introduced, makes void and unenforceable a restriction in a homeowners’ association declaration that would prohibit the operation of a family child care home at a property that is the site of a proposed family child care home, if the operator of the proposed family child care home has obtained a license from the department of human services and any necessary permits or licenses from the applicable local government for the operation of the family child care home. - Amends TCA Title 13 and Title 66.

114th Regular Session (2025-2026) Introduced by Ronnie Glynn

Tennessee bill voids HOA restrictions on licensed family child care homes, allowing state-permitted operators to run child care businesses in residential properties regardless of neighborhood covenants.

Taken off notice for cal in s/c Cities & Counties Subcommittee of State & Local Government Committee

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Legislative bill overview

HB 1069 nullifies homeowners' association (HOA) restrictions that prohibit licensed family child care homes from operating in residential properties. The bill applies only when the operator has obtained a state license from the Department of Human Services and all required local permits or licenses. This creates a state-level preemption of certain HOA covenants related to residential child care operations.

Why is this important

Child care access and affordability is a significant policy challenge in Tennessee and nationally. This bill attempts to increase the supply of family child care (typically smaller, home-based operations) by removing one major barrier—HOA restrictions—that currently prevents licensed operators from using residential properties. The outcome directly affects housing choice, child care availability, and the ability of residents to operate home-based businesses.

Potential points of contention

Property rights and HOA autonomy: HOAs argue they represent collective property owner interests and should retain authority over neighborhood character and restrictions. Critics counter that state licensing ensures adequate safety and quality standards, making HOA restrictions redundant.

Neighborhood character and density concerns: Some residents and HOAs express concerns that home-based child care operations could increase traffic, noise, and parking demands in single-family neighborhoods, though licensed operations have regulated hours and capacity limits.

Scope of preemption: The bill only addresses child care homes with state licenses and local permits, but questions remain about enforcement mechanisms, liability, and whether similar preemptions might follow for other home-based businesses.