Deed restrictions and HOAs prohibiting home childcare-As proposed to the SOM legislation

Subject: Deed restrictions and HOAs prohibiting home childcare-As proposed to the SOM legislation
Date: 27 Aug 2015

To whom it may concern

My name is Melissa. I have been a childcare provider for 15+ years. I have three children of my own and have cared for countless others.

My issue lies in the fact that MANY homes in the State of Michigan rely on Homeowners Association (HOA) or deed restrictions. I currently live in a "Lodimeadow Estates" in Lodi Township, Michigan, in a house that we did not know had deed restrictions.

We were told when we purchased that there was an HOA many years ago but it had been since disbanded and was unenforced. We didn't know better at the time and didn't know to research.

There has been no change in the restrictions since 1977. There is no active HOA. There is no one to report to. When it says we must make requests to an architectural committee who do we go to? How is it that parts of the deed restrictions can be enforced by choice of neighbors but others are allowed to remain?

I have been licensed for two years at this address. I let my license lapse because I was interested in obtaining a group license. As a Part of this process I have now learned that we do, in fact, have deed restrictions barring businesses.

This, essentially, leaves me unemployed and potentially unable to provide for our family needs. We personally could face foreclosure and homelessness because deed restrictions are able to be picked and chosen as to which to follow and adhere to.

My career has been in childcare. I have an education in childcare. I went to college. I have more than 60 credit hours and countless courses. I know every law and requirement and have researched the best choices for children in my care.

You may ask why I don't work at a childcare center? I have three wonderful children. The average salary at a childcare center is $12 per hour or approximately $25,000 per year. The average cost of childcare for three children in Washtenaw County is $12,000 for the school year and $6,300 for the summer. That's more than $18,000 in total. For a family with three kids – one infant, one preschooler and one school aged child – that's $43,000!

Yes, we chose to have children and I wouldn't change having them for anything, but the living wage does not meet the salary vs. childcare costs. The availability of affordable childcare is decreasing steadily as minimum wage goes up. What does this do for families?

It leaves them in a situation where they cannot afford to work, yet they cannot afford to stay home. This in turn comes to a where we are relying on government assistance to meet our own needs or children are being left unsupervised or with unlicensed care providers because we cannot afford care for children.

I am not speaking only for me. I am speaking for everyone who chooses childcare as a career and for every family that these restrictions effect. This then leads to neglect or state involvement. It is a domino effect where everyone is affected.

The State of Michigan recognizes a childcare home as a residential use of property yet it effectively allows deed restrictions to continue. How can this happen? Is that not contradictory?

As a provider my number one goal is the children.

I offer care at a lower cost for families in the area. I charge on average $150 per week all inclusive. Ann Arbor averages are $250-$300 per week.

Why? Because I know the struggle is real. I know that having children is hard. I mainly work with low income families or single parents. I was one. I know that good care is needed for children and they shouldn't lack proper care and supervision because their parents have to provide them with the essentials of life.

I offer a comprehensive program which includes care for all ages and a preschool program. I continue my education every year. I take courses on diversity, the requirements of single-parent households, and the importance of literacy.

I am not open on holidays. I am not open on weekends. My children come during hours when most people are at work. We live on approximately three acres. If I choose to have 13 children of my own is that any different than if I am providing care for someone else's?
People's own children have FEWER restrictions on what they can and cannot do. Childcare professional have rules to follow. We have inspections and trainings. We are held accountable for wrong doings. Our names are put on the internet for everyone to see. Our homes are laid out for everyone in reports.

We chose this home so that we would not have an impact on neighbors. Yes, we may have more children here BUT we are outside 1-2 hours a day. You hear the cows and crickets more than you hear "my children." The remainder is spent indoors. The children are not heard or seen by anyone who is not in my home.

Yes, we may have more cars coming onto our streets but if a neighbor has visitors daily how is that different? Research has proven that childcare homes DO NOT negatively impact the neighborhood they are located in. They are, in fact, are a selling point for families wishing to move and needing access to quality and affordable care.

A home provider offers so much more to families. They are able to keep siblings together as opposed to sending them to separate classrooms. Infants are provided a home environment. The State of Michigan recognizes that accessibility to quality and affordable care is lacking. I am participating in the STARS program when eligible. If a family needs DHS assistance I want to be able to help them as much as I can.

How can we change this? How can we HELP as opposed to HINDER families that need to survive? I don't know what has happened to the world we live in but I have a stronger sense of community. The saying "it takes a village to raise a child" has never been more true. The difference is our "villages" are now being policed by outdated HOA's when 35 or more years ago homes were rarely regulated and the majority did not know there was a need for registration or a license.

Maybe I was born in the wrong decade but I believe in helping "the underdog" succeed in life and become a better person.

In 10 years' time is my having additional children in my yard going to affect you as a neighbor? No. You will go on with your day-to-day routine. You won't remember my name. You may still live there, you may move away.

Is it going to affect those children's lives? God I hope so. I hope I give them a foundation of trust and stability the first five years of life. I want to give hope to the children of that family that is struggling to put food on the table. Hope that they can continue and get an education and advance in their careers.

Sometimes that's what we need. We need that one silver lining that shows us someone is there to help even when you feel like you can't go on. I have been that person to give hope and I have been that person who didn't know how they were going to make it another day. Until you have a single mother with no support come to you (who makes $50 over the childcare subsidy limit) with tears in their eyes because they didn't know how they were going to survive you won't understand the importance of this.

Yes, we can sell our home. We can move where we do not have deed restrictions. This is not HELPING! There are still going to be people here who need care. Who don't have anywhere else to go. Who again are forced with the decision: "Do I leave my child home alone? Do I put them in a home that is unregulated because the cost is lower? Do I choose not to eat so they can?"

New Jersey and California have put into laws that deed restrictions are not enforceable for homes providing childcare. I think that this is something the entire country needs to follow. Do I think these states have all of their childcare issues solved? No, but I think it's a start. It's a start to allow us as providers to do what we do best. Provide for families and children.

Although my main focus is childcare many other families can be affected because of the wording of restrictions. They state "no land shall be used for business or professions." These restrictions were written in the late 1970s. Home-based business and professions had a different meaning then. Technology has advanced and working from home has become normal. This restriction essentially means you cannot do ANY profession on your land. Do you check your emails? Are you a real estate licensee who answers calls at home with a home office? Do you sell on e-bay? All restricted.

Do I believe there needs to be deed restrictions? In some instances, yes. But I believe they need to evolve with the times. Do I want a store in a residential area? No. I am not changing the character of my home by providing childcare, just as many of those with a home office are not? If you drive by my property there is nothing that stands out and says "CHILDCARE". You see a home that has children. A swingset and bikes. A home that is lived in and has love. A home that is just trying to get by.

Facts to consider:

  • Michigan childcare homes were previously regulated as part time foster care homes. A study for current procedures of childcare homes were NOT completed until October of 1977. Daycare homes have always required some sort of licensing but due to technology it was not widely known that "babysitting" was considered illegal without a license. Many families had friends or neighbors "babysit" their children with compensation during this period.
  • As population, cost of living, single parents and 2 parent working homes have increased so has the need for affordable childcare.
  • Childcare workers are one of the lowest paid positions even with a masters degree. This leads to high turnover and instability in programs due to limited advancement and a low maximum salary. By being a home provider we are able to continue our education and teach at a high level due to the lower additional overhead. No staff turnover leads to stability in at risk childrens lives. As providers at a home these children and parents become "our family" and sometimes we are the only "family" they have. We may be the only place they eat until they are full. We may be the only place that nurtures them like a parent would. We help them through their struggles. We rejoice in their achievements.
  • Current center based programs are available to only higher income families in my area. Two working parent homes with 3 children must make a minimum of $150k per year to afford childcare, housing and necessities.
  • Michigan ranks one of the highest costs of childcare with infant costs averaging $9,724 in a center and $6656 in a family home. Using minimum wage as a starting point we will take $8.50 x 40 hours x 52 = $17, 680 ($14,820 take home) per year income or $1473 ($1235 take home) per month. This family qualifies for $617 or $7404 per year in assistance for childcare. With a center based program the family is still looking at a cost of ~$2300 per year. This may not seem like a lot to some but that is essentially 1/6 of their income. With a home setting you will have no additional cost. Now use $13 per hour or $27040 per year or $2253 per month ($21,736 or $1811 take home). This single parent household no longer qualifies for childcare assistance. They are now accountable for 100% of the average $186 per week cost in a center program or $128 in a home. This doesn't account for sick time or emergencies. Again $60 a week doesn't seem like much but the savings will feed your child. Again this is for ONE child. Many low income families have more than one child in need of childcare.
  • Homes are able to offer care at a lower cost because we do not have the additional staffing, building costs and other expenses associated with a freestanding center. I purchased a center with the intention of continuing the have low cost care for families. I was unable to continue to offer the discounted rates I was. When you have infants and toddlers you MUST charge a minimum of $200 per week just to pay the staff. This leaves no extra for any bills or expenses. I understand WHY the costs in a center are so high because I have provided both. My argument is not that costs are too high and the state needs to help, my argument is why are we being so restricted when we can do something about it?
  • I believe with the same regulations but no deed/HOA restrictions many more unlicensed providers will become licensed. The only thing stopping them now might be the regulations placed upon their home.
  • If foster homes and home childcares are licensed by the same agency and listed in the same zoning statute why is one considered a business and one not? Does this mean deed restrictions can essentially prohibit foster care homes? Foster parents are reimbursed for their time and their space. This rarely covers all the costs associated with a foster child but the fact remains they are essentially paid to "watch" children in foster care. We are essentially paid to "watch" children that could enter the system without a stable support system or care. I don't believe that foster care and childcare are the same but I do believe that neither of them negatively impacts a neighborhood and we are getting paid for both. The salary we make as a home provider barely breaks even when you factor in all aspects but it does pay for our homes and it keeps our children, both personal and not, in a home environment that they can flourish in.
  • With the economy shifting, rental rates high and foreclosures many families are forced to rent. The law currently has no regulations as to how rentals are handled. California strictly prohibits landlords from not allowing home childcare.

Please see the following studies and articles:

This is why I am turning to you.

I know there are many bills and many meetings on the table. I know this may not be the most important one to you but it is to me and to all of the caregivers that could be affected by this now and in the future.

The US – and Michigan – have a long way to go when it comes to childcare and family support, but every small action has an impact. Every decision we make to better our children for the future puts us one step closer to our goal.

Do I think this will solve every problem? No. But I truly believe that it will help more families than it will hurt.

I am not a politician. Truth be told I don't know much about public policy or the legalization of marijuana. There are lots of things I don't know.

But what I do know is children. I know that to build the economy and create a stable state we need to start at the bottom. We need to start with the people that haven't experienced life. The ones that will become our future. We need to give them a successful start. We need to focus on the ones that can't choose. The ones that rely on us for their every need. To give them an example to live up to. To give them positivity and encouragement.

There is so much more I could argue. So many more points I can give you. I just HOPE that you will look at this and realize that there is a need and it needs to happen now before children get lost in a chain that never ends.

Thank you,

Melissa

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