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)
