(a) Family child care homes shall be considered a residential use. Notwithstanding any other law to the contrary, every recorded restriction or prohibition entered into whether by way of covenant, condition upon use or occupancy, or upon transfer of title to residential real property, which directly or indirectly restricts or prohibits family child care homes on residential real property is void.
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Terms Used In Hawaii Revised Statutes 501-231

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) This provision shall not apply to:

(1) Housing for older persons as defined by 42 United States Code § 3607(b)(2);
(2) Limited-equity housing cooperatives created pursuant to chapter 421H; or
(3) Cooperative housing corporations created pursuant to chapter 421I.
(c) For the purposes of this section “family child care home” means a private residence, including an apartment, unit, or townhouse, as those terms are defined in § 502C-1, at which care may be provided for three to no more than six children who are unrelated to the caregiver by blood, marriage, or adoption at any given time.

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