Residential Care Facilities

Similar to “family day care homes” and “alcohol or drug abuse recovery or treatment facilities” (i.e., sober living homes), restrictions in an association’s governing documents (i.e,. in its CC&Rs) that prohibit the non-residential uses of properties may not be used to prohibit a “residential care facility” that services six (6) or fewer persons:

“For the purposes of any contract, deed, or covenant for the transfer of real property executed on or after January 1, 1979, a residential facility which serves six or fewer persons shall be considered a residential use of property and a use of property by a single family, notwithstanding any disclaimers to the contrary.” (H&S Code § 1566.5.)

“Residential Care Facility” Defined
A residential care facility is defined under the California Community Care Facilities Act as:

“…any family home, group care facility, or similar facility” determined by the Director of Social Services that provides  “for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.” (H&S Code § 1502(a)(1).)

The operation of such a facility is considered to be a “residential use of a property and a use of a property by a single family.” (H&S Code § 1566.5)