Barrett

— In 1981 the California Legislature enacted a law which declared that restrictive covenants made after the effective date of the law (January 1, 1982), which limited family daycare homes in residential neighborhoods, were void. Then, in 1983, the Legislature amended the law to delete the reference to covenants made after its effective date. Covenants restricting family daycare homes were now “void,” period.

This case involves a restrictive covenant made prior to 1981 prohibiting a residence in Tustin from being used for any “business” activity, including a family daycare home. The neighbors want to enforce the covenant to close down a family daycare home now operating on the property.

We have determined that given the Legislature’s 1983 change, it is obvious the Legislature intended the law to apply to restrictive covenants made at any time. Furthermore, such an application does not contravene the contract clause of either the federal or the state Constitutions. Accordingly, we affirm the judgment allowing the family daycare home to remain in operation.

Health and Safety Code Section 1597.40, Subdivision (c) Applies to All Restrictive Covenants, Regardless of When…