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sr-071012-7ccr% ➢o City Council Report Santa Monica, City Council Meeting: July 10, 2012 Agenda Item: 7-C To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Introduction and First Reading of an Ordinance Amending the Anti - Smoking Law to Require Designation and Disclosure of Smoking Status of Residential Units and to Provide Remedies For Smoking In All Units Designated Non - Smoking Recommended Action Staff recommends that City Council introduce for first reading the attached proposed ordinance which would require disclosure of the smoking status of all units in multi -unit residential properties, and provide remedies for smoking in designated non - smoking u n its. Executive Summary The proposed ordinance would make two changes to the City's anti - smoking laws as Council directed; and also make a third change that is recommended as necessary to effectuate the directed changes. First, it would require that all existing residential units in multi -unit properties be designated as either smoking or non - smoking, and that the smoking status of units be disclosed in certain ways. Second, it would deem the units of all new occupancies as non - smoking, including those previously designated smoking that had been vacated. Background On June 28, 2011, the City Council directed staff to prepare an ordinance to require that all units in multi -unit residential properties be designated by their occupants as either smoking or non - smoking; and to create certain disclosure requirements after the units are so designated. Council also directed staff to explore other potential areas to expand the City's protections against second -hand smoke ( "SHS ") in multi -unit residential properties, and to explore enforcement options. 1 On December 13, 2011, staff returned with an ordinance requiring the designation and disclosure of the smoking status of all units in multi -unit residential properties and providing remedies for smoking in non - smoking units. Council directed staff to conduct further study of various options in this area of regulation and to provide a new update on legislation and other developments in other California cities. Council also adopted a more limited ordinance prohibiting smoking in newly constructed hotels. Since the December 13, 2011 meeting, staff has consulted further with other agencies and advocacy groups in drafting the recommendations below and the proposed ordinance. Staff met and consulted with the Rent Control Board, which convened a special study session on the subject; the Building Official and Director of Public Works; the director and staff of Community Corporation of Santa Monica; a study group comprised of a Councilmember, Rent Control Board member, and other tenant rights advocates; and counsel for the Technical Assistance Legal Center. Staff also considered the policies previously adopted by Council and input from members of the public and the Apartment Association of Greater Los Angeles. Finally, staff reviewed studies conducted to measure the migration of SHS between units in multi -unit residential properties and potential ways to reduce such migration. Discussion Update on Other California Cities' Legislation and Enforcement Since staff's last report a number of California cities and other local jurisdictions have adopted new second -hand smoke protections for multi -unit residential properties. These include the following: City of Alameda: All new units in multi -unit residential properties (apartments and condominiums) are deemed nonsmoking effective January 1, 2012. All existing units must be nonsmoking by January 1, 2013. The enforcement power for this ordinance is with the police and code enforcement departments. 7 • Baldwin Park: All new apartments and condominiums are deemed nonsmoking effective June 2, 2012. All existing units in apartment buildings must be non- smoking by December 2, 2012. However, property owners may allow smoking in 20 percent of the units (including condominiums) if they meet certain requirements. The enforcement power for this ordinance is any peace officer or code enforcement officer. • Compton: All new apartments and condominiums are deemed nonsmoking effective November 24, 2011. All existing units in apartment buildings must be non - smoking by January 1, 2013. • Huntington Park: Smoking is banned in all new apartments and condominiums effective January 1, 2013; and for existing units on July 1, 2013. The ordinance is enforced by the city's code enforcement division. As to enforcement, staff has contacted representatives of other California cities whose residential smoking ordinances are already in operation to learn their recent experiences. The representatives have reported as follows: • Pasadena: All new units are non - smoking; all existing units must be non- smoking by January 1, 2013. The city's Department of Public Health oversees the program and reports that feedback has been very positive. When the department receives a complaint, it sends a notice of the law to the relevant party. Residents affected by second -hand smoke can also bring private lawsuits. • South Pasadena: The ban on smoking in new units is already in place. The ban on existing units does not begin until September 2013. The city has not yet set up an enforcement program. • Burbank: The city has received some complaints of smoking in violation of the ordinance. Most complaints are resolved by educating owners and tenants of the law. Burbank's enforcement is done by its community development and police departments. 911 A complete listing of California cities that had adopted residential smoking restrictions as of November 2011 is attached to this report. Council also requested an update on the implementation of S.B. 332, codified at Civil Code section 1947.5, which is the new state law that confirms the right of property owners to prohibit smoking inside units. As previously discussed, section 1947.5 does not alter Santa Monica law since it leaves in place rent control protections against unilateral changes in rental terms including smoking restrictions. The only Santa Monica case staff is aware of related to the new law involved a landlord who instituted a new no- smoking rule in her building, purportedly pursuant to section 1947.5. A tenant had requested the rule from the landlord after a heavily smoking neighboring tenant refused his requests to smoke outside, and the tenant's unit had become infused with SHS. The property is under rent control. Staff informed the owner that local law prohibited the unilateral change, notwithstanding section 1947.5. SHS Studies and Potential Changes To Building Codes Council requested further information about potentially reducing SHS in residential properties by improving building standards to better insulate non - smoking units. Staff consulted with Planning and Community Development (PCD) staff, including the Building Official, as well as the Public Works Director. Staff also reviewed available studies that have been conducted to measure SHS migration between units in multi -unit residential properties, and to assess the viability of building modifications to protect against SHS between units. The studies, conducted by the Center for Energy and Environment, demonstrate the following: • There is considerable air transfer between units in apartment buildings including migration of SHS. • Older buildings have greater transfer of SHS between units. • Existing buildings can be modified to reduce SHS transfer, but this is generally not a practical alternative. 2 • Even when buildings are modified, or when applicable air leakage standards are met, neighboring units still receive SHS from units where there is smoking. Adopting local building standards for SHS protection is possible. However, it would require a finding of unique local factors that warrant departure from the state codes. Such changes would apply only to new construction. As to existing properties, requiring retrofitting to insulate units would not be practical. The time, cost, and effort involved would be likely prohibitive. And, the studies reviewed indicate that although SHS migration can be reduced through increased barriers and insulation, such changes do not eliminate the migration; and there are no safe levels of SHS exposure. Also, to the extent properties have shared ducting such as with central heat or air conditioning, such changes would not be effective. The subject of shared ventilation systems has been discussed in previous Council meetings. PCD staff confirms that most apartments in the City do not share a common ventilation system. The only exception is the largest new buildings which often feature common ducting. However, SHS travels between units through walls and ceilings, various shared gaps and cracks (such as where there are plumbing or electrical outlets), and via windows and doors. Thus SHS migration is not dependent on shared ventilation systems. Proposed Ordinance (1) Designate And Disclose Rule The proposed ordinance requires that all occupants of multi -unit residential properties designate their units as smoking or non - smoking, and that a document describing the status of all units be given to all current occupants as well as future prospective occupants. This portion of the ordinance was previously requested by Council. The primary purposes of the requirements would be to provide information to those making 5 decisions about where to live, and to decrease exposure to second -hand smoke in residential properties. Under the proposed law, current occupants of apartments and condominiums would be able to choose either smoking or non - smoking status for their dwelling unit. If a unit is designated non - smoking, then smoking would thereafter be prohibited in that unit. If a unit is vacated (including a smoking unit), the unit's designation would be non - smoking for the next occupant and thereafter. The designate and disclose rule would not apply to properties or units that are already smoke -free. (2) Remedies For Smoking In Non - smoking Units Staff recommends that Council include in the proposed ordinance an explicit prohibition against smoking in all units that are designated non - smoking. All current tenants who choose to designate their units for smoking, or those that remain undesignated, would be exempted. Thus, all current tenants who smoke would thereby be allowed to continue smoking in their units. This rule is designed to effectuate the designate and disclose rule. Without an explicit prohibition, there would be no consequence for smoking in designated non - smoking units. Conversely, a prohibition on smoking for new occupancies would be difficult to monitor or enforce without the information derived from the designate and disclose rule. For example, without documentation of non - smoking units at a property, there would be no practical way for a person to know whether a tenant smoking in a unit was grandparented by the ordinance. The ordinance's requirement that the designation records be available from the owner on demand would enable the person to verify whether smoking was permissible in that unit. Thus the two rules support each other and appear to be mutually necessary. In staff's discussions with both the Rent Control Board and the Apartment Association's local chapter, there appeared to be informal consensus that the designate and disclose rule would work best if accompanied by a remedy for violations. Under the proposed ordinance the remedy entails a damages award of $100 for a first violation, $200 for a second violation, and $500 for a third and subsequent violations. Policy Considerations Council has several policy options to address in considering the proposed ordinance. First, Council should consider the default status for units whose occupants fail to make a designation. Under the proposed ordinance, such units would remain undesignated, meaning it would still be acceptable to smoke in such units. It would take an affirmative action by the occupant to "opt in" to non - smoking status. This is the principal change from staffs prior proposed ordinance. It was based on feedback from various agencies which believe that it would be unfair to mandate non - smoking status for a unit without the occupant's assent. If Council considers making the default status non - smoking, it will be important to assure ample notice and opportunity for all occupants to designate the status of their units. Second, the ordinance could be modified to keep private the unit number of designated units. Thus, prospective occupants could be told that there would be one or more smoking units adjacent to theirs, but not exactly which units those are. Some people believe that this is a privacy and stigma issue and that it would unduly prejudice occupants of smoking units if all units' designations were made available. However, staff believes that full and accurate information is essential to implementation of the ordinance. For example, there would be no way to address potential violations of the ordinance if the designations of specific units were unknown. Thus the proposed ordinance provides for disclosure of the status of each unit. II Third, the City's Homeless Services Administrator and Human Services Division recommend that any smoking prohibitions inside units not apply to housing used by individuals who are recovering from other addictions or in transition from homelessness. Although there is a growing trend to prohibit smoking in homeless shelters (including in the City of Pasadena's new ordinance), this is seen as conflicting with the City's housing -first policy. Some Council members and other staff have stated that in Santa Monica the policy of housing those people most at risk takes priority over protections from second -hand smoke. Thus, given the higher incidence of tobacco addiction in the homeless population, transitional and related housing programs likely should be exempted from both the designate and disclose rule and the prohibition against smoking inside units. The proposed ordinance reflects this recommendation. Fourth, discussion by community groups has included the option of requiring the disclosures for each property to be filed with a government agency, such as the Rent Control Board, on a regular basis (such as annually). This presumably would increase awareness of the designations in each unit. However, such a requirement would create extra recordkeeping work for both property owners and the government agency, while the degree of potential benefit is unclear. As drafted the ordinance requires that all prospective occupants be given a copy of the current smoking status roster. Council could also consider requiring that periodic updated notices be given to all occupants of a property, such as annually. This would assure more accurate information is given to occupants; but it would also impose an additional burden on owners. Staff recommends that owners be required to maintain updated smoking status rosters, but that they only need be provided upon demand by occupants after the initial disclosure. Fifth, Council needs to decide whether to include condominiums in the ordinance. Thus far, Council has included all multi -unit properties in its residential smoking laws. Staff sees no reason to exclude condominiums from the proposed ordinance, especially since the effects of SHS on neighboring units are identical. It should also be noted that under the proposed ordinance, the occupants — not owners — of all units would do the designating. Hence owners of individual condominium units would not be designating their units' status. Of course, such owners could simply ban smoking in the units if that is otherwise allowed by law. Enforcement There are also options as to how the proposed ordinance will be enforced. As to the designation of units, notice and recordkeeping, the primary onus should be on owners and homeowners' associations since they are in a unique position to communicate with all occupants and to maintain records. However, as a matter of standard practice, the City would conduct outreach and education about the ordinance, and owners would be liable only if they refused to comply with the law despite prior written notice and warning (as with existing provisions of the City's smoking laws). As to violations by people smoking in units that are designated non - smoking, staff recommends keeping in place the existing remedies for other smoking violations at multi -unit properties: violations must be addressed first with an informal effort to resolve the problem. If that fails, an action could be brought in small claims court for a specified amount of damages. As with other areas of smoking enforcement in the City, education, awareness and informal resolution should be the main means of effectuating the law. These have proven effective in the past. Council could also consider direct enforcement of the ordinance by City staff, but there are no obvious available methods. The Office of Sustainability and the Environment might be a logical candidate to perform in- person enforcement, but they lack available personnel for the job and would need to add employees to do so. Also, it is not clear how staff would gather evidence sufficient to prove violations in court. Most likely any City department that performed enforcement duties would rely on written notice and deterrence more than direct legal action. Although many California cities empower N employees to enforce residential smoking laws, as of this writing staff is not aware of any city where employees have actually begun issuing citations and gathering evidence of violations inside residential units. Thus, at least for the present, staff recommends staying with the existing enforcement mechanisms, as described above. Another enforcement option is to require that the non - smoking status of a unit be a required lease term for applicable rental units, as many California cities have done. Thus, units that are designated non - smoking would have a lease requirement inserted to that effect. In Santa Monica, both tenants' rights groups and the Apartment Association oppose this option. Tenant advocates fear misuse of any potential ground for eviction, while many landlords do not want the added responsibility of enforcing smoking rules inside units. Staff recommends not including any lease requirement as to existing tenants. For future tenancies, on the other hand, staff sees no practical reason why smoking should not be a required lease term. However, if Council is inclined to address future tenancies in this manner, staff recommends a gradual approach, beginning with existing remedies for enforcement at least until these rules become more widely known. Later, if it is seen as helpful, Council could consider broadening the remedies to include required lease terms beginning with new tenancies. As drafted, the proposed ordinance retains the City's prior policy not to make smoking a ground for eviction, though landlords retain the right to do so in new tenancies. Alternatives Council could consider various alternatives to the proposed ordinance as described in more detail above. Financial Impacts & Budget Actions Adopting this ordinance will result in marginal additional costs for outreach and Me communication. The City Attorney's Office, and any other departments conducting outreach, will cover these costs within existing budgets. Prepared by: Adam Radinsky, Head, Consumer Protection Unit Paula Rockenstein, Consumer Affairs Specialist Approved: Forwarded to Council: Mar a Jon outrie Rod Gould City Attorney City Manager Attachments: A: Proposed Ordinance B: Matrix of California cities' residential smoking regulation 11 City Council Meeting: July 10, 2012 ATTACHMENT A Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 4.44 OF THE SANTA MONICA MUNICIPAL CODE ON SMOKING TO EXPAND PROTECTIONS FROM SECOND -HAND SMOKE IN MULTI -UNIT RESIDENTIAL PROPERTIES WHEREAS, more than 440,OOO. people die in the United States from tobacco- related diseases every year, making it the nation's leading cause of preventable illness; and WHEREAS, in 2006 the United States Surgeon General issued a landmark report describing "massive and conclusive scientific evidence" that environmental tobacco smoke (ETS) causes premature death and disease in adults and children, including cancer, cardiovascular disease, and asthma; and WHEREAS, the Surgeon General's Report concluded that "there is no risk -free level of exposure to secondhand smoke" and that exposure to ETS has "immediate adverse effects" on the cardiovascular system; and WHEREAS, the Surgeon General's Report concluded that public smoking laws are having the effect of improving public health and also reducing the incidence of smoking generally; and WHEREAS, the Centers for Disease Control estimates that secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute, chronic middle ear infection in children; and WHEREAS, the United States Environmental Protection Agency (EPA) has classified second -hand smoke as a Group A carcinogen, the most dangerous class of carcinogens; and WHEREAS, the EPA has concluded that second -hand smoke causes coronary heart disease in non - smokers; and WHEREAS, exposure to ETS is the third leading cause of preventable death in this country, killing over 52,000 non - smokers each year, including 3,000 deaths from lung cancer; and WHEREAS, second -hand smoke is especially hazardous to particular groups, including those with chronic health problems, the elderly, and children; and WHEREAS, the California Air Resources Board (GARB) has officially identified second -hand smoke, or ETS, as a "toxic air contaminant" pursuant to Health and Safety Code Section 39660, providing the most authoritative finding to date of the health dangers of ETS in California; and WHEREAS, the CARB report noted the following health statistics resulting from second -hand smoke exposure each year in the state of California: VA • Over 400 additional lung cancer deaths • Over 3,600 cardiac deaths • About 31,000 episodes of children's asthma • About 21 cases of SIDS About 1,600 cases of low birth weight in newborns • Over 4,700 cases of pre -term delivery; and WHEREAS, most Californians do not smoke and a majority favor limitations on smoking in multi -unit residences; and WHEREAS, increased protections from ETS in multi -unit residential properties are necessary to protect the public health, safety and welfare of Santa Monica residents; and WHEREAS, a growing number of residents and owners in Santa Monica are requesting greater protections from ETS at multi -unit residential properties including designation and disclosure of the smoking status of individual units; and WHEREAS, the City Council wishes to reduce residents' exposure to ETS from other units in multi -unit properties while preserving the ability of current occupants to smoke inside their units; and WHEREAS, an ever - growing number of California cities already regulate ETS in the manners described below, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 4.44.040 of the Santa Monica Municipal Code is hereby amended to read as follows: Section 4.44.040 Smoking In Multi -Unit Residential Properties. (a) Remedy. Any person who smokes in a Multi -Unit Common Area or in a residential unit designated "Non - smoking" as described in subsection (c), is subject to an award of damages of not less than $100 which may be collected by any person in a civil action, including an action in Small Claims Court. The minimum damages amount shall increase to $200 for the second violation within one year; and to $500 for the third and subsequent violations within one year. (b) Notice Required. The landlord or homeowners' association of every multi -unit residential property shall provide notice of the remedy in subsection (a) to all affected occupants by posting and maintaining one or more prominent signs in conspicuous locations in each multi -unit common area to ensure that the signs are readily visible to all users of the area. (c) Designation of Residential Units' Smoking Status. 12 (1) All units in multi -unit residential properties, including apartments and condominiums, shall be designated as either "Smoking" or "Non - smokinq" pursuant to this subsection. The required procedure for this designation is as follows: (A) Within 60 days after the effective date of this subsection the Owner (defined as the landlord in the case of apartments and the homeowners' association in the case of condominiums) shall provide the occupant of each unit at the Property with written notice asking the occupant to designate the unit as "Smoking" or "Non - smoking." (B) Within 90 days of the effective date of this subsection, the occupant of each such unit shall deliver to the Owner the designation of the unit. (C) Within 120 days of the effective date of this subsection the Owner shall notify all units in writing of the designations for all units. Any occupant wishing to change or correct his or her unit's status maV do so in writing to the Owner within 150 days of the effective date of this subsection. (D) Within 180 days of the effective date of this subsection the Owner shall deliver the final designation list for all units at the property (i) to each unit and (ii) to all non - occupying owners of condominium units. 5 (2) If an occupant fails to designate his or her unit's smoking status under the procedure described above, the unit shall be deemed undesignated for the remainder of that occupancV. (3) Every unit that becomes vacant after the effective date of this subsection shall thereafter be designated "Non - smoking" regardless of its prior designation. (4) Evert/ unit in a new multi -unit residential propertV for which an occupancy permit is issued on or after the effective date of this ordinance shall be designated "Non - smoking." (5) The Owner shall maintain a current list of all units' smoking designations and shall update that list in the event of a unit changing status as described above. (6) The Owner shall provide a copy of the current list of all units' smoking designations (A) to all new or prospective occupants of the property, and (B) to any person upon request. fc) Limitations and Exceptions. (1) Nothing in this Section may be used as grounds to terminate a tenancy. Nothing in this section shall render smoking in multi -unit common areas or in a designated "Non - smoking" unit a violation of law pursuant to any rental housing agreement. (2) No action may be brought pursuant to this section unless the complaining party has first made a good faith attempt to resolve the situation informally, including written notice of this section and a written request to cease smoking in the Multi -Unit Common Area at least 30 days before filing suit. (3) The property owner, manager, or homeowners' association may designate a portion of a Multi -Unit Common Area where smoking is allowed. Any such designated area: (A) must be located at least 20 feet from any indoor area; (B) must not include and must be at least 20 feet from play or recreation areas including but not limited to areas improved or designated for swimming or other sports; (C) must be no more than 25 percent of the total outdoor area of the premises of the property; (D) must have a clearly marked perimeter; (E) must be identified by conspicuous signs; and (F) must not overlap with any area in which smoking is otherwise prohibited by this chapter or other law. (4) The prohibition and remedy for smoking in designated non- smoking units shall not apply to temporary and special needs housing facilities for people with disabling conditions including addiction to substances. 7 (5) For multi -unit properties in which smoking is already prohibited in all units the designation requirements of this section shall not apply. Lel A Nonexclusive Remedies and Penalties. Nothing in this Section shall preclude any person from pursuing any other remedies, penalties or procedures provided by law. Nothing in this Section limits the ability of property owners to restrict smoking in residential units as otherwise allowed by law. . SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the i3 official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ', r plowil.. .AMERICAN LUNCASSOCIATM . IN CAL�WFNu Matrix of Local Smokefree Housing Policies November 2011 Smokefree housing is the next frontier in California's ongoing effort to protect its citizens from secondhand smoke. Although California has made great progress in getting secondhand smoke out of workplaces, for the many Californians who live in multi -unit housing breathing secondhand smoke which drifts from neighboring units, balconies and outdoor areas has become a -real health problem. This Matrix of Local Smokefree Housing Policies is intended to help you understand the current state of this complex policy issue. Smokefree housing policies have been adopted in fifty-five California communities — Alameda, Albany, Baldwin Park, Belmont, Burbank, Calabasas, Carpinteria, Compton, Contra Costa County, Dublin, Emeryville, Eureka, Fairfax, Glendale, Kern County, Laguna Woods, Larkspur, Loma Linda, Madera, Martinez, Menlo Park, Novato, Oakland, Oxnard, Pasadena, Paso Robles, Pinole, Pleasant Hill, Pleasanton, Plumas County, Port Hueneme, Rancho Cordova, Rancho Mirage, Richmond, Rohnert Park, Sacramento (City), Sacramento County, San Bernardino County, San Diego County, San Joaquin County, San Leandro, San Luis Obispo (City), Santa Barbara (City), Santa Barbara County, Santa Clara County, Santa Monica, Sebastopol, Sonoma County, South Pasadena, Temecula, Thousand Oaks, Tiburon, Union City, Winters and Woodland. The policies are listed in reverse chronological order from the most recently passed and are divided into three sections: -(1) City/County Ordinances that require a certain percentage of units to be declared nonsmoking, that require landlords to disclose information about smoking policies and the location of smoking and nonsmoking units and /or that declare secondhand smoke exposure a nuisance (Page 2) (2) Housing Authority/Affordable Housing Policies that require the creation of nonsmoking units in low- income, senior or other types of affordable housing (Page 24) (3) City/County Resolutions that encourage landlords to designate a certain percentage of units as nonsmoking (Page 30) This Matrix details each policy with information about major provisions, enforcement provisions, and a discussion of strengths and weaknesses. To be included on the Matrix, a smokefree housing policy must in some way address the issue of drifting secondhand smoke from neighboring units. Policies that only address common areas are not included on this Matrix, but this is still an important component to smokefree housing policies. The Center has produced a comprehensive list of the forty -five communities (as of November 2011) that have adopted a smokefree outdoor common areas policy. The fifty -five cities and counties listed on this Matrix have led the way on this emerging issue and are building momentum for other legislative action around the state. Please call the Center at (916) 554 -5864 for more information about any of these policies or for campaign assistance in passing a smokefree housing policy. The Center's website, www.Center4TobaccoPolicy.org/localoolicies-smokefreehousing, contains many other smokefree housing resources. For sample ordinance language on smokefree housing, please visit the Technical Assistance Legal Center's (TALC) website at httr),//www.phlr)net.orc[. The Center for Tobacco Policy & Organizing • American Lung Association in California 1029 J Street, Suite 450 • Sacramento, CA 95814 • Phone (916) 554 -5864 • Fax (916) 442 -8585 • www Center4TobaccoPolicv.oro © 2011. California Department of Public Health. Funded under contract #09- 11173. City /County Ordinances �ommtiNrtylDate passe i Ma)oePrOVision5- } Erifnremeht Pro4isidps , .� D 3cu9si01ti r , f � City of Alameda The City Council adopted an ordinance that prohibits The Alameda Police Alameda becomes the sixth November 2011 smoking in 100% of the units of both new and existing i Department is responsible jurisdiction to adopt an ordinance to multi -unit housing complexes with two or more units. for enforcement and any, prohibit smoking in all apartments and The nonsmoking unit requirements apply to both Fire, Code Enforcement condominiums with two or more units. apartments and condominiums and the definition of a Officer or any peace officer This ordinance will provide important unit includes patios and balconies. All new units must may enforce the ordinance. protection to tenants from drifting be nonsmoking starting on January 2, 2011. For existing Violations are punishable secondhand smoke. units, 100% of units are required to be nonsmoking no p as an infraction with fines later than January 1, 2013. starting at $100. The f This ordinance contains no '. ordinance also allows any grandfathering for tenants who The new law requires the lease of all units to contain member of the public to currently smoke. This is important ' language that states the unit is nonsmoking. Prior to ; bring legal action against because current tenants who are January 1, 2013, landlords are required to disclose to li another person to enforce `., grandfathered in could smoke in their prospective tenants whether the unit is smoking or these provisions. unit until they move, continuing to nonsmoking and which units are designated !. expose tenants in nonsmoking units to !, nonsmoking. After January 1, 2013, landlords are secondhand smoke. required to disclose that smoking is prohibit in the units. Sellers of condominiums are required to disclose to prospective buyers that smoking is prohibited in the units effective January 1, 2013. The ordinance prohibits smoking in indoor and outdoor common areas of multi -unit housing complexes, except that a landlord or a homeowners' association may create f an outdoor designated smoking area that meets certain �. criteria. Baldwin Park The City Council adopted an ordinance to prohibit An y p eace ofcer, code This is a strong smokefree housing November 2011 smoking in all multi -unit housing complexes with two or enforcement official or city ordinance that follows the model of more units, including apartments and condominiums. attorney can enforce these making nonsmoking units the norm For all new units (apartments and condominiums) issued provisions. Violations are while providing a process for landlords a certificate of occupancy after June 2, 2012, smoking is punishable as an infraction and homeowners' associations to '.. prohibited in 100% of the units. For existing units in with fines starting at $500. create smoking - allowed units. While I apartment buildings, 100% of units will be nonsmoking The ordinance also allows landlords and homeowners' as of December 2, 2014. However, landlords who follow any member of the public associations are still able to designate certain requirements and deadlines may allow smoking to bring legal action against up to 20% of units as smoking, they .,. in up to 20% of the units. For condominiums, 100% of another person to enforce have to follow a specific process to do I units will be nonsmoking as of December 2, 2014. '. these provisions. 'i so, and all units will be designated as However, by meeting certain timelines and by a vote of f nonsmoking if the required steps are the membership, a homeowners' association may `. not followed. This will make it easier decide to allow smoking in up to 20% of the units. For ". for landlords who want to have 100% 1 multi -unit housing with smoking - allowed units, all nonsmoking units to do so. nonsmoking units must be grouped together to the._, __ ___�, ____ _______ Page 2 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 Comtr�omty/k7ate, i + Nlalnr Provons! i „ > Enforcement Fro4isrons a u�, �Drscussion. maximum extent possible. If a complex has smoking- j The ordinance does have a phase -in �'I allowed units, then smoking is prohibited within 25 feet ', period of three years for nonsmoking of any designated nonsmoking unit, including on private units, which is longer than most of the patios and balconies of a smoking - allowed unit. other recent ordinances, which range 1 from 13 to 18 months. Landlords who designate some units as smoking- . allowed must disclose to tenants and prospective tenants the location of smoking and nonsmoking units and provide a map depicting the location of these units. h h The new law also requires the lease of all units to contain language that states the unit is nonsmoking and - that other tenants in the building may enforce the no- smoking lease term. -. The ordinance prohibits smoking in indoor and outdoor -.. common areas of multi -unit housing complexes, except !i that a landlord or a homeowners' association may create an outdoor designated smoking area that meets certain criteria. Finally, the ordinance declares secondhand smoke exposure a nuisance. . . Compton __. ........ _.. ............ _.. The City Council adopted an ordinance that prohibits .........I The City Manager is f .. __. ........... .. __.. -. This is a strong ordinance that will October 2011 smoking in 100% of the units of both new and existing responsible for prohibit smoking in 100% of all multi- : multi -unit housing complexes with three or more units. . enforcement. Violations of { unit housing in the city with three or The nonsmoking unit requirements apply to both the ordinance are 1, more units, providing important apartments and condominiums and the definition of a punishable as an infraction protections to tenants from drifting unit includes patios and balconies. All new units must !. with a fine of $100. The :.. secondhand smoke. However, the be nonsmoking starting on November 24, 2011. For ordinance also allows any !. ordinance does not prohibit smoking in existing units in apartment buildings, 100 % of units are member of the public to many of the town homes in the city required to be nonsmoking no later than January 1, bring legal action against since they are built as duplexes and 2013. another person to enforce the nonsmoking provisions only apply G these provisions. to complexes with three or more units. The new law also requires the lease of all units to I contain language that states the unit is nonsmoking and - j This ordinance contains no that other tenants in the building may enforce the no- grandfathering for tenants who smoking lease term. currently smoke. This is important because current tenants who are The ordinance also prohibits smoking in indoor and I grandfathered in could smoke in their outdoor common areas of apartments as of November unit until they move, continuing to 24, 2011. ! expose tenants in nonsmoking unitjto ! secondhand smoke. Page 3 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 Page 4 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 is !on# - – - - — - — ---- Discussion; [lewd J: !I. Sonoma County The Board of Supervisors adopted an ordinance to 1 Violations of the ordinance Sonoma County is only the second September 2011 prohibit smoking in 100% of multi-unit housing are punishable a S an county (after Santa Clara County) and complexes in the unincorporated parts of the county. infraction With f Ines starting fifth jurisdiction overall to adopt an For all apartment and condominium complexes with two at $100 and subject to civil ordinance to prohibit smoking in all or more units, there will be no smoking allowed in any action by the county. apartments and condominiums with existing units after January 12, 2013 (14 months after I two or more units. This ordinance will the ordinance goes into effect). Smoking is prohibited in provide important protection to new units after May 10, 2012 and new units are defined tenants from drifting secondhand to include any unit issued an occupancy clearance 180 4� smoke. days after the effective date of this ordinance (November 12, 2011). The ordinance also prohibits smoking on the However, the ordinance is missing patios and balconies. Current tenants who smoke are some common enforcement provisions not grandfathered in, meaning that they will not be able that are found in similar ordinances, to smoke in their units after January 12, 2013. such as requiring language about nonsmoking units to be placed in The ordinance prohibits smoking in indoor and outdoor leases, allowing affected tenants to common areas of multi-unit housing complexes enforce the lease terms and allowing (effective November 12, 2011), except that a landlord or for private enforcement for people a homeowners' association may create an outdoor f impacted by drifting secondhand designated smoking area that meets certain criteria. smoke. Tiburon The Town Council adopted an ordinance that prohibits Violations of the ordinance This is a strong ordinance that will July 2011 smoking in 100% of the units of both new and existing are punishable as an prohibit smoking in 100% of all apartments with four or more units. The requirements infraction with a fine of up I apartment units in the town, providing for nonsmoking units do not apply to condominiums. to $100 and are enforced important protections to tenants from The nonsmoking units provisions go into effect on by the Town Manager. The drifting secondhand smoke. However, August 19, 2011 for new units. For existing units, the ordinance also allows any there are some provisions nonsmoking provisions go into effect for any new I I blic to member of the public the ordinance weaker than other tenants after August 19, 2011 when they begin bring legal action against recently adopted smokefree housing occupying the unit. For existing units with tenants who another person to enforce ordinances. The ordinance does not f. occupied that unit prior to August 19, 2011, the these provisions. require nonsmoking units for I nonsmoking provisions do not go into effect until July 1, condominiums and has a phase-in 2014. period of nearly three years. The phase-in period for other recent The new law also requires the lease of all units to ordinances is between 13 and 18 contain language that states the unit is nonsmoking an d months. that other tenants in the building may enforce the no- smoking lease term. The ordinance also prohibits smoking in indoor and outdoor common areas of apartments as of August 19, 2011, except that a landlord may create an outdoor designated smoking area that meets certain criteria. Page 4 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 s ,P�rrrrr� ., .., 11or vo .E.nfCfluniylDal rcamentPro.lnsion.sf ,� Drs�ou, ss r, Pasadena The City Council adopted an ordinance that prohibits The ordinance is enforced With this ordinance, Pasadena July 2011 smoking in 100% of the units in both new and existing by the Health Officer in becomes the largest city and the multi -unit housing with two or more units, including accordance with the : I fourth jurisdiction overall to prohibit apartments and condominiums. The nonsmoking units citation schedule in the smoking in 100% of units in multi -unit provisions go into effect on January 1, 2013 for existing municipal code. housing of two or more units, including units and go into effect immediately for new units. !'.. condominiums. The ordinance requires every new lease or purchase This ordinance contains no agreement after January 1, 2012 to include information _ grandfathering for tenants who about the smoking prohibitions. '. currently smoke. This is important { because current tenants who are The ordinance also prohibits smoking in all indoor and ` grandfathered in could smoke in their outdoor common areas of multi -unit housing. unit until they move, continuing to j expose tenants in nonsmoking units to secondhand smoke. � The ordinance is missing some I enforcement provisions that are found � in similar ordinances, such as allowing affected tenants to enforce the lease terms and allowing for private enforcement for people impacted by drifting secondhand smoke. f Dublin The City Council adopted an ordinance that prohibits The City Manager is A strong provision in this ordinance is July 2011/ smoking in 75% of the apartment units for apartment responsible for that it does not grandfather in current December 2008/ complexes that have 16 or more units. Landlords are enforcement and violations tenants who smoke. This means that September 2006 required to designate nonsmoking units by January 1, are punishable as an once a unit is designated as 2013. In December 2008 the City Council had passed infraction. A private person '. nonsmoking, no one can smoke in that an ordinance requiring 50% nonsmoking units and the may also bring legal action '.. unit, even if the current tenant still lives July 2011 ordinance increases the units requirements to 'i to enforce these provisions. there and previously smoked in that 75 %. A unit includes patios and balconies, and all I unit. li i nonsmoking units must be grouped together to the r i I maximum extent possible. Current tenants who smoke 'I However, the ordinance only restricts are not grandfathered in, meaning that they will not be smoking in apartment buildings with able to continue to smoke in their unit after January 1, 16 or more units, so this will leave 2013 if their unit is designated as nonsmoking. people that live in smaller apartment Landlords are required to notify tenants within 90 days complexes unprotected from�i of the implementation plan for their unit. Landlords must secondhand smoke. maintain and provide to tenants a floor plan identifying I the smoking and nonsmoking units as well as the location of any designated smoking areas. Landlords may designate 100% of the units as nonsmoking. Page 5 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 Page 6 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 — — ---- ----------- --- q! P K! T iA 11 g� The ordinance also prohibits smoking in indoor and outdoor common areas, except that a landlord may create an outdoor designated smoking area that meets certain restrictions. The new law also requires the lease of nonsmoking units to contain language that states the unit is nonsmoking and that other tenants in the building may enforce the no-smoking lease term. In September 2006, the City Council passed an k. ordinance that declared secondhand smoke a nuisance. Fairfax The Town Council adopted an ordinance that prohibits The ordinance is enforced This is a strong smokefree housing May 2011 smoking in 75% of the units of both new and existing by the Town Manager in ordinance that will protect many multi-unit housing with four or more units for both accordance with the town tenants of smokefree housing in the apartments and condominiums. The nonsmoking units i code. Prior to assessing town from exposure to secondhand provisions go into effect on August 4, 2012. any civil penalties for smoke. However, it is worth noting violations, a written that some of the major provisions are The new law also requires the lease of all units to warning must be issued. I, not as strong as in other recently i contain language that states the unit is nonsmoking and adopted smokefree housing that other tenants in the building may enforce the no- ordinances that require nonsmoking smoking lease term. units. The 75% nonsmoking unit requirement is lower than most other The ordinance also prohibits smoking in indoor and recently adopted ordinances and it is outdoor common areas of apartments as of June 4, does not require 100% nonsmoking 2011, except that a landlord may create an outdoor units for new housing. designated smoking area that meets certain criteria. Finally, the ordinance declares secondhand smoke exposure a public nuisance. wyl Larkspur The City Council adopted an ordinance to prohibit 1 Violations of the ordinance This is a strong smokefree housing April 2011 smoking in all multi-unit housing complexes with two or are punishable as an ordinance and is the second ordinance more units, including apartments and condominiums. infraction with a $100 fine r (after South Pasadena) to make For all new units (apartments and condominiums) and are enforced by the nonsmoking units the norm while constructed after May 20, 2011, smoking is prohibited in City Manager, who may providing a process for landlords and 100% of the units. For existing units in apartment partner with County of I homeowners' associations to create buildings, 100% of units will be nonsmoking as of May Merin or Twin Cities police smoking-allowed units. While 20, 2012. However, landlords who follow certain authority. landlords and homeowners' . requirements and deadlines may allow smoking in up to associations are still able to designate 20% of the - units. For condominiums, 100% of units will The ordinance also allows up to 20% of units as smoking, they be nonsmoking as of May 20, 2012. However, by any member of the public a have to follow a specific process to do meeting certain timelines and by vote of the _ _c ti _ea_a� _a_ to bring legal against t, �m__ so, and all units will be� designated as__ _ Page 6 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 ----------- _-- ---- ----- ------ --------- ... . ......... . ... . ql�o /D ----- -__ - lip T a 5 H I.Y1,1; hl',E membership, a homeowners' association may decide toy another person to enforce nonsmoking if the required steps are allow smoking in up to 20% of the units. For multi-unit these provisions. not followed. This will make it easier housing with smoking-allowed units, all nonsmoking for landlords who want to have 100% units must be grouped together to the maximum extent nonsmoking units to do so. possible. If a complex has smoking-allowed units, then smoking is prohibited within 25 feet of any designated nonsmoking unit, including on private patios and balconies of a smoking-allowed unit. Landlords who designate some units as smoking- allowed must disclose to tenants and prospective tenants the location of smoking and nonsmoking units and provide a map depicting the location of these units. This information must also be made available to the city. The new law also requires the lease of all units to I contain language that states the unit is nonsmoking (unless the landlord has allowed smoking in the unit) and that other tenants in the building may enforce the no- smoking lease term. The ordinance also prohibits smoking in indoor and outdoor common areas starting May 20, 2011, except that a landlord may create an outdoor designated smoking area that meets certain criteria. Finally, the ordinance declares secondhand smoke exposure a public nuisance. Laguna Woods The City Council adopted an ordinance that prohibits The City manager is ( These smokefree housing provisions I March 2011 smoking in certain areas in all multi-unit housing with 1 responsible for will provide some protection to two or more units, including apartments and enforcement and smoking I residents of multi-unit housing. By condominiums. Smoking is prohibited on patios and violations are punishable prohibiting smoking on all patios, balconies of all units including unenclosed, screened by a fine no greater than 1. balconies and common areas, and enclosed patios (unless all doors and windows are $50. residents will be protected from closed for enclosed patios). drifting secondhand smoke from outdoor areas. The ordinance prohibits smoking in all indoor and outdoor common areas. Smoking is also prohibited in However, the ordinance does not all unenclosed swimming pools and covered and semi- require the creation of any nonsmoking covered carports. j units. This means that residents can continue to be exposed to drifting The ordinance also requires to city to engage in a public secondhand smoke from inside IL education program to inform owners and managers of Traigh1boringunits Page 7 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 Camm�mtylbate! MajorF'rovis�ons. , Enforoemen #Provisions prsatrsslon.:; , pass�il. .:, the purposes and requirements of this ordinance. pp `'.. Carpinteria The City Council adopted an ordinance that prohibits ''. The code compliance A nuisance policy can provide February 2011 smoking in all indoor and outdoor common areas of officer, in cooperation with I protection to residents from multi -unit housing with two or more units, including !. the Santa Barbara County '. secondhand smoke on an individual 1 apartments and condominiums. In addition, the '! health officer, is basis, but only if tenant brings a ordinance declares secondhand smoke exposure a responsible for ':i lawsuit against his/her neighbor. The nuisance, which allows a citizen to take private legal enforcement. Violations creation of nonsmoking units would action. are punishable in better protect residents from drifting accordance with the secondhand smoke. municipal code. IL Union City The City Council adopted an ordinance that prohibits Violations of the ordinance '= This is a strong smokefree housing November 2010 smoking in 100% of the units of both new and existing are punishable as an ordinances that will protect all apartment complexes with two or more units. The infraction with a $100 fine apartment tenants from drifting 1 �,. nonsmoking unit requirements do not apply to and subject to civil action secondhand smoke. This ordinance condominiums. All new units must be nonsmoking by the city. i contains no grandfathering for tenants starting on December 23, 2010. For existing units in who currently smoke. This is apartment buildings, 100% of units will be nonsmoking The ordinance also allows important because current tenants as of February 23, 2012. any member of the public who are grandfathered in could smoke to bring legal action against in their unit until they move, continuing The new law also requires the lease of all units to another person to enforce to expose tenants in nonsmoking units contain language that states the unit is nonsmoking and these provisions. to secondhand smoke. that other tenants in the building may enforce the no- smoking lease term. However, the nonsmoking unit policy does not apply to condominiums, h. The ordinance also prohibits smoking in indoor and ( meaning that those residents will not outdoor common areas of apartments as of December 4 be protected from drifting secondhand 23, 2010, except that a landlord may create an outdoor smoke. designated smoking area that meets certain criteria. f !. Finally, the ordinance declares secondhand smoke exposure a public nuisance. '.. Santa Clara County The Board of Supervisors adopted an ordinance to Violations of the ordinance Santa Clara County became the third Santa November 2010 prohibit smoking in 100% of multi -unit housing are punishable as an . on, to prohibit smoking in complexes in the unincorporated parts of the county. infraction with fines starting 100% of units in multi -unit housing of For all apartment and condominium complexes with two ! at $100 and subject to civil two or more units, including or more units, there will be no smoking allowed in any ( action by the county. condominiums. In addition, Santa . new units after December 9, 2010 and any existing units Clara County is the first county to I' after February 9, 2012 (14 months after the ordinance ! require the creation of nonsmoking goes into effect). The ordinance also prohibits smoking f units for existing housing. on the and balconies of units Current tenants Ir. -: okos who smoke are not randfathered in, meanm that the t Zan Y This ordinance contains no I _.. —_ ___.___.. Page 8 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 Cor)7munrtylDate �� '� Ma)orProvisions En#orcementProvrsians ai Discussion: �, I will not be able to smoke in their units after February 9, l grandfathering for tenants who 2012. currently smoke. This is important because current tenants who are The new law requires lease agreements for all units to grandfathered in could smoke in their contain language that states the unit is nonsmoking and unit until they move, continuing to that other tenants in the building may enforce the no- expose tenants in nonsmoking units to '.- smoking lease term. secondhand smoke. The ordinance prohibits smoking in indoor and outdoor I common areas of multi -unit housing complexes (effective December 9, 2010), except that a landlord or a homeowners' association may create an outdoor p designated smoking area that meets certain criteria. Contra Costa In October 2010, the Board of Supervisors updated the The county can enforce the E This ordinance will protect all residents l County county secondhand smoke ordinance (which was smoking provisions through of new multi -unit housing from drifting October 2010/ adopted in 2006 and updated in 2009) with additional administrative fines, secondhand smoke from inside other October 2009/ smokefree housing provisions. The updated ordinance infraction citations or any units, which is a step in the right October 2006 prohibits smoking in 100% of all new multi -unit housing other remedy allowed by I direction. However, there are no !i complexes, including apartments and condominiums, l law. [ provisions to create nonsmoking units i with four or more units that receive a building permit in existing multi -unit housing, leaving after January 1, 2011. There is no requirement to '= current tenants unprotected from ! establish nonsmoking units in existing multi -unit housing drifting secondhand smoke from other !. complexes. For all new and existing multi -unit housing i i. units. The ordinance does restrict complexes with four or more units, including apartments !. smoking in common areas and on and condominiums, the ordinance prohibits smoking ', patios and balconies, so tenants of within 20 feet of any door or window and on all patios, both new and existing multi -unit balconies, decks and carports. The new law also i housing will be protected from drifting requires the lease of all units to contain language that secondhand smoke from outdoor states whether the unit is smoking or nonsmoking. areas. The update in 2009 requires the owner or manager of i The policy requiring disclosure of I�! multi -unit housing complexes with four or more units, 'I smoking and nonsmoking units allows l including apartments and condominiums, to disclose tenants of existing housing to make an i! information to tenants about smoking on the property. 4 informed decision about where they I Owners and managers must maintain and provide to can live to find protection from drifting { tenants a list of all designated nonsmoking units,a floor '.. secondhand smoke. Despite these plan showing the location of nonsmoking and smoking benefits, since there is no requirement units and any designated outdoor smoking area and the '.. !. for landlords to permanently designate policy for handling smoking complaints. '. nonsmoking units in existing housing, ''. the smoking status of units could The original ordinance from 2006 prohibits smoking in all change at any time. While tenants indoor and outdoor common areas of apartment building would have to be informed of changes, and condominium co�lexes that have four or more units that are originally rp otected from Page 9 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 Goritmuaity /Da4e aased .. " ,',,a.. jdesignated ------ -- --....� MalorProwsions �i' units, except that a landlord may create an outdoor smoking area that meets certain criteria. __.._,._.._......__.. ., ---__ ,--- -- .- .. - ---- _ _- _ -____- Enforaament Provisions i '. t7iscussion drifting secondhand smoke, could later be impacted by drifting secondhand smoke, if management changes the smoking policies. j Burbank October 2010 The City Council updated the city's secondhand smoke ! ordinance to include several smokefree housing The Chief of Police is responsible for The creation of nonsmoking units by this ordinance is not a model that provisions. The new smokefree housing restrictions will enforcement. Violations should be copied. This ordinance only go into effect on May 1, 2011. are punishable through prohibits smoking specifically in units remedies available in the that share a common ducting system The ordinance prohibits smoking in multi -unit residences municipal code, in which air travels from one unit to that share a common heating or cooling system that I another unit. While this will create utilize the same ducting system, which results in air from some nonsmoking units, it seems to one unit being distributed to another unit. imply that there is no danger from drifting secondhand smoke in multi- In addition, for all multi -unit housing complexes with two 4 unit housing if there is no common or more units, including apartments and condominiums, ducting system. That is not the case smoking is prohibited on all private patios and j as secondhand smoke can drift into balconies. Smoking is also prohibited in all indoor neighboring units whether there is a common areas and in certain outdoor common areas. common ducting system or not, such The outdoor common areas where smoking is restricted as through windows, doors, are swimming pool areas when being used by children j baseboards and openings for electrical �i, and all children play areas. ( wires and light fixtures. The creation of nonsmoking units should be applied 4 to all multi -unit housing and should not f f be based on the type of ducting ',.. -- -- i _ ------------------ - - -- - _- I _ --- - ._... -. _ - - -- -! system. .. __.__w.__._w.. - -- -- — Menlo Park The City Council adopted an ordinance that prohibits Violations are punishable in A nuisance policy can provide September 2010 smoking in all indoor and outdoor common areas of accordance with the protection to residents from - multi -unit housing with two or more units, including I municipal code. A private t secondhand smoke on an individual apartments and condominiums. In addition, the person may also bring legal j basis, but only if tenant brings a ordinance declares secondhand smoke exposure a [ action to enforce these ( lawsuit against his /her neighbor. The nuisance, specifically in a multi -unit housing setting, [ provisions. creation of nonsmoking units would which allows a citizen to take private legal action. better protect residents from drifting secondhand smoke. Sebastopol The City Council adopted an ordinance to prohibit I Violations of the ordinance This is one of the strongest smokefree August 2010 smoking in 100% of multi -unit housing complexes in the ! are punishable by the city I housing ordinances in the nation. city. For all apartment and condominium complexes as an infraction with a $100 Sebastopol is now the second city with two or more units, there will be no smoking allowed fine. The Police i (Richmond was the first) to prohibit in any units after November 2, 2011 (14 months after the Department is responsible smoking in 100% of units in multi -unit f ordinance goes into effect). The ordinance also I for enforcement and the housing of two or more units including J?rohibits smoking on the patios and balconies Curzent _ City Attorney, anypeace __ condominiums Page 10 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 Co)llmunity�Date l Malar PPowsians; Enforcement Provisions si Disaul l tenants who smoke are not grandfathered in, meaning officer or code enforcement J that they will not be able to smoke in their units after '''. official can also enforce the I This ordinance contains no November 2, 2011. ordinance.i grandfathering for tenants who '� currently smoke. This is important li The new law requires lease agreements for all units to The ordinance also allows because if current tenants are contain language that states the unit is nonsmoking and any member of the public p grandfathered in, this means that they that other tenants in the building may enforce the no- to bring legal action against could continue to smoke in their unit smoking lease term. another person to enforce until they move. Tenants of I these provisions as long as nonsmoking units would then continue'' The ordinance prohibits smoking in indoor and outdoor.. proper notice is given to to be exposed to secondhand smoke. common areas of multi -unit housing complexes r the city and the city is not This ordinance ensures that all (effective September 2, 2010), except that a landlord or pursuing a civil action. ( residents of multi -unit housing will be a homeowners' association may create an outdoor ' protected from drifting secondhand �r designated smoking area that meets certain criteria. k smoke when the nonsmoking units go - into effect. Finally, the ordinance declares secondhand smoke exposure a public nuisance. South Pasadena The City Council adopted an ordinance to prohibit I Violations of the ordinance This is a strong smokefree housing August 2010 smoking in multi -unit housing complexes with two or ( are punishable by the city ordinance and is the first ordinance to more units, including apartments and condominiums. as an infraction with a $100 make nonsmoking units the norm while For all new units (apartments and condominiums) fine. The City Manager, providing a process for landlords and constructed after September 4, 2010, smoking is Community Improvement homeowners' associations to create prohibited in 100% of the units. For existing units in Coordinator, code smoking - allowed units. While apartment buildings, 100% of units will be nonsmoking enforcement official or any landlords and homeowners' as of September 4, 2013. However, landlords that peace officer can enforce associations are still able to designate follow certain requirements and deadlines may allow the ordinance. up to 20% of units as smoking, they .smoking in up to 20% of the units. For condominiums, have to follow a specific process to do 100% of units will be nonsmoking as of September 4, The ordinance also allows so, and all units will be designated as 2013. However, by meeting certain timelines and by a any member of the public nonsmoking if the required steps are vote of the membership, a homeowners' association to bring legal action against not followed. This will make it easier may decide to allow smoking in up to 20% of the units. another person to enforce for landlords who want to have 100% For multi -unit housing with smoking - allowed units, all these provisions. ! nonsmoking units to do so. !. nonsmoking units must be grouped together to the maximum extent possible. If a complex has smoking - While all the provisions of the 'ii. allowed units, then smoking is prohibited within 25 feet ordinance are strong, it does have a of any designated nonsmoking unit, including on private long phase -in period. Units are not patios and balconies of a smoking unit. required to be nonsmoking for three years, whereas many other similar Landlords who designate some units as smoking - '. ordinances have the nonsmoking units allowed must disclose to tenants and prospective r requirement go into effect after 14 tenants the location of smoking and nonsmoking units f months of ordinance adoption. and provide a map depicting the location of these units. I This information must also be made available to the cam. " Page 11 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 Comrq umty/It�te. Passe,4j.,�, 'u.,�,`,.�. Ma�oi. k'rovisionsnforcementPra�nsions prscussron The new law also requires the lease of all units to contain language that states the unit is nonsmoking I l(unless the landlord has allowed smoking in the unit) and i 1 that other tenants in the building may enforce the no- smoking lease term. The ordinance also prohibits smoking in indoor and starting September 4 2010 outdoor common areas s g p except that a landlord may create an outdoor �: designated smoking area that meets certain criteria. I Santa Monica The City Council originally adopted an ordinance in The common areas I Santa Monica is a city with rent f. August 2010/ ! January 2009 to prohibit smoking in outdoor common smoking prohibition can be control, which makes passage of January 2009 '. areas for both apartment and condominium complexes. enforced through a civil restrictions on smoking in multi - unit's In August 2010, the City Council updated the ordinance action. Before doing so, housing difficult. This ordinance by expanding the definition of an outdoor common area °' the affected tenant must addresses the issue of drifting to include any outdoor area within 25 feet of an door, first attempt to resolve the I secondhand smoke from outdoor window or vent into a multi -unit residence. This change matter informally with the areas, such as common areas and prohibits smoking on all patios and balconies of multi- tenant who is violating the balconies and patios of neighboring unit housing and outdoor areas of adjacent properties smoking restrictions by units, but does not address the issue that are within 25 feet of a unit. providing a written notice of drifting secondhand smoke from with 30 days to cease inside other units. smoking before filing a suit. Awards for civil actions are Despite the benefits of restricting no less than $100 for the ( smoking in common areas, f first violation, $200 for the enforcement for this provision is r second violation within one lacking. lacking. There are no provisions for year and $500 for the third the city to enforce the multi -unit and subsequent violations housing smoking restrictions. In order , -'. within one year. to enforce the smoking restrictions, f '. residents must use private enforcement, which many people may be reluctant to do. Eureka —I The city passed a broad secondhand smoke ordinance Violations are punishable These smokefree housing provisions July 2010 in July 2010 that includes several smokefree housing as an infraction with a fine will, provide some protection to provisions. First, the ordinance requires landlords to of $100. The Chief of residents of multi -unit housing. By disclose to prospective tenants information about where ( Police is responsible for prohibiting smoking on all patios and smoking is allowed or not allowed on the property. enforcement, but any balconies, residents will be protected Landlords are required to provide a diagram showing the f peace officer or code I from drifting secondhand smoke from location of any nonsmoking units and the location of any enforcement official may ( outdoor areas. The policy requiring outdoor designated smoking areas. enforce. disclosure of smoking and nonsmoking units allows tenants to Page 12 of 30 - Center for Tobacco Policy &Organizing, November 29, 2011 Second, the ordinance prohibits smoking on all Both the city attorney and make an informed decision about balconies and patios of all multi unit housing complexes private individuals can where they can live to find protection with two or more units, including apartments and ! °, bring legal action to from drifting secondhand smoke. condominiums. This smoking prohibition applies to all enforce these provisions. secondhand smoke from inside other units, even units where smoking is allowed inside the ordinance (May 20, 2010). There is no requirement to However, the ordinance does not unit. require the creation of any nonsmoking infraction with fines starting direction. However, there are no units. This means that residents can Finally, the ordinance prohibits smoking in all indoor and at $100.. continue to be exposed to drifting outdoor common areas of apartments and I complexes with two or more units, including apartments r secondhand smoke from inside . condominiums, except that a landlord may create an neighboring units. outdoor designated smoking area that meets certain criteria. Pinole The City Council adopted an ordinance that prohibits The city manager is This ordinance will protect all residents April 2010 smoking in 100% of all new multi -unit housing responsible for - of new multi -unit housing from drifting complexes constructed after the effective date of the enforcement and violations secondhand smoke from inside other ordinance (May 20, 2010). There is no requirement to are punishable as an units, which is a step in the right establish no- smoking units in existing multi -unit housing I infraction with fines starting direction. However, there are no complexes. For all new and existing multi -unit housing at $100.. provisions to create nonsmoking units complexes with two or more units, including apartments r in existing multi -unit housing, leaving and condominiums, the ordinance prohibits smoking I current tenants unprotected from within 20 feet of any door or window. drifting secondhand smoke from other units. The ordinance does restrict The ordinance also prohibits smoking in indoor and ''i smoking in common areas and on outdoor common areas of all multi -unit housing patios and balconies that are within 20 complexes, except that a landlord or homeowners' feet of another unit, so tenants of both association may create an outdoor designated smoking new and existing multi -unit housing area that meets certain criteria will be protected from drifting secondhand smoke from outdoor areas. The ordinance is missing some key enforcement provisions such as requiring language in lease agreements about nonsmoking units, allowing affected tenants to enforce those lease terms and allowing for private enforcement for people impacted by drifting secondhand smoke. Pleasant Hill 1 The City Council adopted an ordinance that prohibits The ordinance does not This ordinance will provide some April 2010/ ''. smoking inside both new and existing apartment [ designate a specific ( protection to some residents living in n, ,ni Est grins comnlexes with four or more units. The nonsmoking enforcement agency within apartment complexes with four or Page 13 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 CbmmumtylDatei Mafur Prbvislons ..�,'' ) nforoement f�royns�bns r > piscusslon' unit requirements do not apply to condominiums. For ''. the city, but allows for more units from drifting secondhand -' existing apartment complexes with four or more units, ', violations to be enforced by ; smoke by requiring the creation of 50% of the units must be designated as nonsmoking. '', any means authorized in nonsmoking units. For new apartment Landlords must begin designating nonsmoking units in the municipal code.. buildings, the ordinance is strong. I January 2011 and complete it within five years. All However, the ordinance is weaker nonsmoking units must be grouped together to the !' when it comes to existing apartment maximum extent possible. For all new apartment f complexes where only 50% of units buildings with four or more units completed after the are required to be nonsmoking. In effective date of the ordinance (May 5, 2010), 100% of addition, the phase -in period for the units must be designated nonsmoking. Smoking is nonsmoking units is long compared to prohibited within 20 feet of any designated nonsmoking - similar ordinances. Other nonsmoking unit, including on private patios and balconies of a units ordinances have phase -in smoking unit. periods as short as 14 months, while this ordinance is five years. The ordinance also contains a provisions that requires j ''. landlords to disclose to prospective tenants the location ( The ordinance is missing some key of smoking units, whether there is smoking allowed in j enforcement provisions such as any adjacent units and if the previous tenant smoked in requiring language in the lease about the unit. r nonsmoking units, allowing affected tenants to enforce those lease terms The ordinance also prohibits smoking in indoor and and allowing for private enforcement outdoor common areas, except that a landlord may for people impacted by drifting, create an outdoor designated smoking area that meets i secondhand smoke. certain criteria. I Finally, the city adopted an ordinance in 2006 that !. declared secondhand smoke exposure a public nuisance. '.. City of Glendale In March 2010, the City Council updated its secondhand 1, The city manager, director : The city made some good changes March 2010/ smoke ordinance including expanding the smokefree I of parks, recreation and when the smokefree housing l: October 2008 housing provisions it adopted in October 2008. community services, any ordinance was updated. By police officer, any park expanding prohibitions on smoking in The first provision requires apartment landlords to ranger, neighborhood common areas to condominiums and disclose to prospective tenants whether smoking is services administrator, or prohibiting smoking on all patios and allowed in the prospective unit and if the unit was city clerk license balconies, more residents will be designated as smoking or nonsmoking for the previous investigator can enforce protected from drifting secondhand tenant. In addition, landlords need to provide to tenants this ordinance. smoke from outdoor a re a s. The with and display a map with the locations of smoking disclosure policy will allow tenants to and nonsmoking units, the location of all common areas A violation of this ordinance make an informed decision about where smoking is prohibited and the location of any occurs when a person is where they can live to find protection areas where smoking is allowed. - warned to stop smoking or from drifting secondhand smoke. to move away from a !, The ordinance prohibits smoking on all balconies and 1 smoking prohibited area, j However, the ordinance still does not Ij.. Page 14 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 Gommunrty/bate',: Mafariprovrsions 6{rforcementprovrsons Discussion r jrequlre patios of multi unit housing of two or more units, but continues ko smoke in the creation of any nonsmoking including apartments and condominiums. This smoking that area. Violations are units. This means that residents can prohibition applies to all units, including on private punishable pursuant to the continue to be exposed to drifting patios and balconies of a smoking unit. j municipal code. secondhand smoke from inside neighboring units. Finally, the ordinance prohibits smoking in all indoor and Violations of a smoking ! outdoor common areas of apartments and policy in multi -unit housing, condominiums, except that a landlord may create an through either smoking in a !. outdoor designated smoking area that meets certain i common area where l criteria. smoking is prohibited or smoking in a unit that the landlord has declared nonsmoking, are added to the list of reasons whereby a landlord can evict a tenant. i i Both the city attorney and private individuals can bring legal action to enforce these provisions. 4 _ ..__--- -- -------- ---- -._.__—.__ I San Leandro As part of a broader secondhand smoke ordinance that j Private citizens can take - A nuisance policy can provide December 2009 !, prohibits smoking in certain outdoor areas, the City I legal action to abate protection to residents from Council included a provision declaring secondhand secondhand smoke as a secondhand smoke on an individual i smoke a nuisance, which allows a citizen to take private I nuisance. C basis, but only if tenant brings a legal action for exposure to secondhand smoke. I lawsuit against his /her neighbor. The creation of nonsmoking units would better protect residents from drifting secondhand smoke. !: Richmond j The City Council adopted an ordinance that prohibits I Violations of the ordinance ! This is the strongest smokefree ! July 2009 'i smoking in 100% of the multi -unit housing in the city. !, are punishable by the city housing ordinance in the nation. It is !. For all existing apartments and condominiums with 2 or f with a $100 fine. The City the only ordinance to prohibit smoking more units, there will be no smoking allowed in any units Manager is responsible for ''. in 100% of all units, which includes all after January 1, 2011. Landlords can make all units enforcement and any apartments and condominiums with 2 nonsmoking prior to January 1, 2011. All new units that peace officer or code or more units. The smokefree housing become occupied after the ordinance goes into effect enforcement official can ordinance in Belmont, California also (August 20, 2009) are nonsmoking. A unit includes enforce the ordinance. prohibits smoking in 100% of units, patios and balconies. Tenants of existing housing units but the definition of units does not who smoke are not grandfathered in, meaning that t hey The ordinance also allows include single story multi -unit housing. will not be able to continue to smoke in their unit aft er any member of the public January 1, 2011. to bring legal action against Another strong provision in the another person to enforce Richmond ordinance is the fact that it p Page 15 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 Commenity/Dfe Malorrovisrons : 4,d f Enforcement Provisrona 'Dtscusswn' The new law also requires the lease of all units to these provisions. does not grandfather in current contain language that states the unit is nonsmoking and 'i smokers. This means that when the that other tenants in the building may enforce the no- implementation date comes, there will smoking lease term. be no smoking in the units regardless of whether a current smoker still The ordinance also prohibits smoking in indoor and resides in their same unit. outdoor common areas, except that a landlord may create an outdoor designated smoking area that meets i f certain restrictions. Landlords must maintain and provide to tenants a diagram showing the location of any designated smoking areas with any new lease agreement after January 1, 2011. Landlords and condo sellers will be required to disclose the ordinance requirements to all prospective and existing tenants and buyers beginning 90 days after ordinance takes effect. I Martinez The City Council adopted an ordinance with several Landlords that have j This ordinance effectively addresses April 2009 smokefree housing provisions. First, all apartment °. knowledge of violations of III. the issue of secondhand smoke !. landlords will be required to disclose information about the smoking . provisions are =. drifting from outdoors into a tenant's the smoking regulations for the property to prospective ! responsible for taking unit by prohibiting smoking in outdoor tenants. All landlords, including landlords that do not reasonable steps to common areas and prohibiting have any designated nonsmoking units, would be enforce the regulations smoking on balconies and patios of required to maintain a list of designated nonsmoking including, informing the units. units and a floor plan identifying those units and give tenant of the violation and tenants these documents for all new leases or other the course of action if the The disclosure policy brings agreements entered into on or after June 1, 2010. violation is not corrected. awareness to the issue of restricting Other tenants are able to smoking in apartments and provides The ordinance prohibits smoking in all private outdoor bring legal action to tenants with information about the spaces of multi -unit housing, including apartments and enforce the provisions. I location of smoking and nonsmoking condominiums, with 4 or more units. Private outdoor units. This allows tenants to make an spaces includes the balconies, patios, decks, entry informed decision about where they !, porches and carports of individual units. Smoking can live to find protection from drifting !I would still be allowed inside the individual units. secondhand smoke. The ordinance also prohibits smoking in indoor and However, this ordinance does not outdoor common areas, except that a landlord may prohibit smoking inside of any units. create an outdoor designated smoking area that meets I This means that tenants could still certain restrictions. These provisions all go into effect ! suffer from drifting secondhand smoke June 1, 2010. from another unit. k The new law requires the leases of all units to contain language that states that smoking is prohibited in Page 16 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 Cbrrirquniiy /Date . Maldr;�ovrsioris. , , .. common areas and private outdoor spaces and that other tenants in the building may enforce the no- smoking lease term. Finally, the ordinance declares secondhand smoke exposure a public nuisance. EnforcementpKOUisions l biscussion, , Rohnert Park The City Council adopted an ordinance that prohibits Violations of the ordinance ! A strong provision in this ordinance) is April 2009 smoking inside the units of both new and existing multi- are punishable as an that the nonsmoking units unit housing, which includes apartments and infraction. No specific city requirements apply to all multi -unit condominiums. For new apartment buildings (those that staff is designated to housing with 2 or more units, which !, are built after June 1, 2009) with 2 or more units, 75% of i enforce the ordinance. Any can help protect tenants in all sizes of the units must be designated as nonsmoking. For all private person can bring 'II. multi -unit housing. Also, the provision existing apartments with 2 or more units, 50% of the legal action for damages or to require a higher percentage of new '. units must be designated as nonsmoking. New units are , relief against a tenant who ''. units to be designated as nonsmoking required to be designated as nonsmoking immediately. violates the ordinance. makes sense because it is easier to Existing units must be declared nonsmoking by June 1, create nonsmoking units in new 2011. For both new and existing housing, the definition '': housing. of a unit includes patios and balconies, and all nonsmoking units must be grouped together ether to the g However, the ordinance does allow maximum extent possible. Current tenants of existing grandfathering. This means that a j housing who smoke will be grandfathered in, meaning tenant who lives next to a tenant who that they may continue to smoke inside their unit for as smokes could still be exposed to long as they continuously reside in that unit, even if that secondhand smoke even after the unit is designated as nonsmoking. For both new and smoker's unit is designated as existing apartments, landlords may designate 100% of i nonsmoking. the units as nonsmoking. Also the ordinance does not declare The ordinance also prohibits smoking in indoor and secondhand smoke a nuisance but outdoor common areas, except that a landlord may rather declares smoking in an area create an outdoor designated smoking area that meets where smoking is prohibited as a certain restrictions. nuisance. This limits where an individual can use the nuisance Landlords must maintain and provide to tenants a floor declaration to protect themselves and - plan identifying the smoking and nonsmoking units as means an individual who lives next to a designated smoking areas. well as the location of any 9 9 smoking unit, would not be able to use {III the nuisance designation to protect 9 P i themselves from secondhand smoke exposure. - -,_... _...._ -.._. . Loma Linda ....... .- .....--- -------- . ______........ w . ............. .... -- The City Council passed an ordinance that requires ---'--.... _......__....- --- - -- Tenants who smoke in a - - ------ This ordinance continues the l June 2008 landlords to prohibit smoking in at least 70% of the units nonsmoking unit may be momentum of similar local ordinances of new and existing apartments, including patios and subject to eviction if a that have created nonsmoking units. _.., .,..,_...�....._..__-____._.._. balconies. Nonsmoking units must be grouped together .._..___... -- -- ..._...,_.._.,._ landlord receives two Loma Linda is now the fifth city in Page 17 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 0 ammNmyIDa3e - MaAOrProvlslons - Enfcrsement Provisrons ; ' 1 A t Chscuseion; vertically, horizontally and in separate buildings to the letters of complaints from California to require landlords to create r maximum extent possible. different individuals. nonsmoking units. This ordinance is However, eviction is up to very similar to the one adopted in Landlords have until January 1, 2012 to permanently the discretion of the Calabasas; the major difference being designate at least 70% of units as nonsmoking. Until landlord. that the Loma Linda ordinance they do so, landlords must submit an annual report to P requires 70 %, instead of 80 %, of units the city that shows the number and location of Violations of the law are to be nonsmoking. nonsmoking and smoking units, identifies any units punishable as an infraction. where residents have been grandfathered, -and shows the location of any designated smoking areas. The city prosecutor, city attorney, any peace officer The ordinance also prohibits smoking in all indoor and or any city code outdoor common areas in multi -unit housing, except for enforcement officer may designated areas. enforce the provisions in i.... s this ordinance. Landlords must also present every potential tenant with a floor plan of the smoking and nonsmoking units and the location of a designated smoking area. Finally, landlords are required to create an outdoor designated smoking area, but can get an exemption from the city if 1, there is no suitable place for an outdoor designated smoking area on the property. The ordinance allows current tenants to have their unit 'I grandfathered in as a smoking unit past the January 1, 2012 date as long as they continuously live in that unit and provide proper notification to their landlord. The new law also requires the lease of nonsmoking units to contain language that states the unit is nonsmoking and that other tenants in the building may enforce the no- smoking lease term. Finally, the ordinance declares secondhand smoke exposure a public nuisance. Albany The City Council passed a broad secondhand smoke Violations are punishable The disclosure policy brings June 2008 ordinance that contains two smokefree housing as an infraction and subject awareness to the issue of restricting provisions. First, landlords and sellers of condominiums to a fine of between $50 - smoking in apartments and provides will be required to disclose the smoking policy of the 1 $100 for a first violation, ( tenants with information about the units they manage or sell. For apartments, landlords $100 - $250 for a second location of smoking and nonsmoking must maintain and provide to tenants a list of designated violation, and $250 - $500 units. This allows tenants to make an nonsmoking units, a list of designated smoking units and for any additional violation. informed decision about where they a floor plan that identifies the location of smoking and _ [ can live to find protection from drifting � Page 18 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 nonsmoking units, as well as any designated smoking The police department is ':1 secondhand smoke. areas. Sellers of condominiums must disclose to responsible for smoking inside the units of both new and existing potential buyers whether smoking is permitted in the unit I enforcement, but any Despite these benefits, since there is and what the smoking policy is for the complex. peace officer or code no requirement for landlords to create enforcement officer may nonsmoking units, the smoking Secondly, the ordinance prohibits smoking in indoor and ! enforce this ordinance. I policies could change at anytime. outdoor common areas, except that a landlord may '''.. While tenants would have to be create an outdoor designated smoking area that meets Services is responsible for `••. informed of changes, units that would certain restrictions. new and existing housing, a unit includes patios and '' originally be protected from drifting that have passed ordinances creating secondhand smoke, could later be letter. Any resident can :, nonsmoking units in multi -unit impacted by drifting secondhand together to the maximum extent possible. Current initiate enforcement by smoke if management changes the tenants who smoke will be grandfathered in, meaning smoking policies. Novato The City Council adopted an ordinance that prohibits The city manager is A strong provision in this ordinance is April 2008 smoking inside the units of both new and existing responsible for that it requires units to be designated apartments. For new apartments with 10 or more units, i enforcement. The Marin as nonsmoking on the date the 75% of the units must be designated as nonsmoking. € County Department of ordinance goes into effect, which is 90 For all existing apartments with 10 or more units, 50% of V!. Health and Human I days after it was passed on April 23.. the units must be designated as nonsmoking. For both Services is responsible for `••. This is much faster than in other cities new and existing housing, a unit includes patios and '' writing the initial warning ''. that have passed ordinances creating balconies, and all nonsmoking units must be grouped letter. Any resident can :, nonsmoking units in multi -unit together to the maximum extent possible. Current initiate enforcement by housing. tenants who smoke will be grandfathered in, meaning notifying the city manager. ':. that they may continue to smoke inside their unit for as A resident may also bring The provision to require a higher long as they continuously reside in that unit. For both private action to enforce percentage of new units to be new and existing apartments, landlords may designate these provisions. designated as nonsmoking makes 100% of the units as nonsmoking. sense because it is easier to create - - The penalty for a first nonsmoking units in new housing. The new law also requires all new leases to contain violation is a fine not language that states whether the unit is nonsmoking or exceeding $100 and /or five ':: The ordinance restricts smoking in smoking and that other tenants in the building may days of community service. :' apartment buildings with 10 or more enforce the no- smoking lease term. A second violation within units, so this could leave people that one year is punishable by a live in smaller apartment complexes The ordinance also prohibits smoking in indoor and fine of up to $200 and /or unprotected from secondhand smoke. outdoor common areas, except that a landlord may ten days of community However, they would have the -:. create an outdoor designated smoking area that meets '. service. A third violation nuisance provision available to use if ' certain restrictions.: within one year is secondhand smoke exposure punishable by a fine of up `. becomes a problem. The nuisance Landlords must maintain and provide to tenants a floor to $500 and /or fifteen days j'., provision in this ordinance is unique plan identifying the smoking and nonsmoking units as of community service. because it only declares secondhand well as the location of any designated smoking areas.. smoke a nuisance in a place of human habitation. Page 19 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 Page 20 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 a uts RT F �:ii: 'T exposure in a place of human habitation a nuisance. Calabasas In January 2008, the city passed an ordinance that Tenants who smoke in a Prohibiting smoking in 80% of January 2008/ requires landlords to prohibit smoking[ in at least 80% of nonsmoking unit may be apartment units is a strong provision February 2006 the units of new and existing apartments, including subject to eviction if a that will protect many residents from patios and balconies. Nonsmoking units landlord receives two drifting secondhand smoke and create grouped together vertically, horizontally and in separate letters of complaints from momentum for other cities to follow. buildings to the maximum extent possible. different individuals. The city worked with and gained the However, eviction is up to support of the California Apartment Landlords have until January 1, 2012 to permanently the discretion of the Association for this ordinance. I designate at least 80% of units as nonsmoking. Until landlord. they do so, landlords must submit an annual report to I However, landlords are given up to the city that shows the number and location of Violations of the law are four years to designate these nonsmoking and smoking units. subject to punishment as a I nonsmoking units. This is a long misdemeanor. compliance period and could leave Landlords must also present to every potential tenant a tenants unprotected from drifting floor plan of the smoking and nonsmoking units and the The city prosecutor, city secondhand smoke for years if location of a designated smoking area. Finally, landlords attorney, peace officer, or landlords do not voluntarily designate are required to create an outdoor designated smoking city code enforcement nonsmoking units sooner. area, but can get an exemption from the city if there is officer may enforce the no suitable place for an outdoor designated smoking provisions in this The February 2006 ordinance was the area on the property. ordinance. The ordinance f first ordinance in California to declare requires business owners secondhand smoke a public nuisance. The ordinance allows current tenants to have their unit to enforce these provisions A nuisance policy can provide grandfathered in as a smoking unit past the January 1, in their establishments. protection to residents from 2012 date as long as they continuously live in that unit Residents of Calabasas secondhand smoke on an individual and provide proper notification to their landlord. can also report any basis, but only if a tenant uses the violations of the law to the declaration to bring a lawsuit against The new law also requires the lease of nonsmoking units code enforcement unit. his/her neighbor. The creation of to contain language that states the unit is nonsmoking r nonsmoking units will better protect and that other tenants in the building may enforce the The ordinance also allows residents from drifting secondhand no-smoking lease term. I any member of the public smoke, but this nuisance policy could to sue another person to be useful before these units are Two years earlier, in February 2006, the city prohibited enforce these provisions. officially designated as nonsmoking. smoking in all indoor and outdoor common areas in multi-unit housing (lobbies, hallways, swimming pools, outdoor eating areas, play areas, etc). That ordinance also declared that exposing others to secondhand smoke is a public nuisance. Oakland December 2007 Two smokefree housing provisions were included in a broader secondhand smoke ordinance passed by the To requirements implement the The disclosure requirements are a new policy direction in California. By cLity. First, landlords, and sellers of condominiums will be _ _ _ lace language ge� the city _c city d L requiring landlords tojrforrnjpoitentLl L�e a._ Page 20 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 required to disclose the smoking policy of the units they manage or sell. For apartments, landlords must disclose to prospective tenants if the unit is smoking or nonsmoking, which units in the complex are smoking units, and what the smoking policy is for the complex. Sellers of condominiums must disclose to potential buyers whether smoking is permitted in the unit and what the smoking policy is for the complex. Secondly, the ordinance prohibits smoking in all indoor and outdoor common areas of multi -unit housing. Belmont The city passed an ordinance that prohibits smoking in October 2007 all new and existing apartments and condominiums that share a common floor and /or ceiling. For current tenants who smoke, there is a 14 month grace period during which time they are still allowed to smoke in their unit. within a notice to tenants that all landlords were already required to give to tenants each year. This results in an automatic annual reporting of these disclosures. The City Administrator is responsible for enforcement. Any citizen can register a compliant with the City Administrator to initiafe enforcement. Private citizens can bring legal action to enforce these provisions. Violators that smoke in a prohibited area are guilty of an infraction and can be punished by a fine of up to $100 for a first violation, up to $200 for a second violation within one year, and up to $500 for each additional violation within one year. Each violation is an infraction subject to a $100 fine. Violations are also subject to civil action brought by the city, with a fine of between $250 and $1000. The new law also requires every lease of a unit where smoking is prohibited to contain language that states the This ordinance can be . unit is nonsmoking and that other tenants in the building enforced by any peace may enforce the no- smoking lease term. The same officer or code enforcement grace period of 14 months applies to the new lease official. terms for current tenants who smoke. Landlords are not tenants of the smoking restrictions in the apartment complex, it will provide information about whether drifting secondhand smoke could be a problem in the unit they are about to rent. This empowers tenants to make informed decisions about where they want to live based on the smoking polices of apartment complexes. Despite these benefits, since there is no requirement for landlords to create nonsmoking units, the smoking policies could change at anytime. While tenants would have to be informed of changes, units that would originally be protected from drifting secondhand smoke, could later be impacted by drifting secondhand smoke if management changes the smoking policies. This ordinance makes Belmont the first city to prohibit smoking in almost all multi -unit housing units. By prohibiting smoking in 100% of units that share common floors and /or ceilings, residents in Belmont will be protected from deadly secondhand smoke in the place where they spend the most time, their homes. However, the way that multi -unit housing is defined is not ideal. It will Page 21 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 required to enforce the new no- smoking lease terms nor The city attorney can also '!. condominiums, town homes, and one - are they required to evict a tenant who smokes in a bring a civil action to story apartment buildings partly nonsmoking unit. remedy violations, unprotected from secondhand smoke. r. including nuisance I These residents will still have the The ordinance also declares secondhand smoke a I:. abatement proceedings, ability to use the nuisance declaration nuisance. code enforcement p. to protect themselves from exposure, extent possible. proceedings or suits for but will not be protected from drifting Finally, the ordinance bans smoking in indoor and injunctive relief. secondhand smoke under the new outdoor common areas, with landlords allowed to create I smokefree housing law. designated smoking areas that meet certain restrictions (i.e. 20 feet away from entrances and windows). Temecula This city passed an ordinance that requires landlords to Violations of this ordinance This ordinance is the tirst in ualrtornia May 2007 designate 25% of their units as nonsmoking in all new are enforceable by the city to require a certain amount of units to and existing multi -unit residences with 10 or more units ! and subject to penalties i be set aside as nonsmoking for market (it does not apply to condominiums). These nonsmoking ` outlined in the Temecula rate housing within a city. By requiring units must be grouped together horizontally and municipal code. these units to be separate from vertically and in a separate building to the maximum i smoking units, it will provide important extent possible. protection from secondhand smoke to the residents of Temecula. Emeryville December 2006 For new multi -unit housing, landlords must submit a floor plan to the city that identifies the smoking and nonsmoking units within six months of enactment of this ordinance. Landlords of existing multi -unit residences must submit a floor plan to the city that identifies the smoking and nonsmoking units within one year. Landlords have up to five years to actually designate these units as nonsmoking and may apply for up to three, one -year extensions to comply, with the exception of senior housing. This ordinance also prohibits smoking in all indoor and outdoor common areas for all multi -unit residences (any residence with two or more units). The ordinance bans smoking in indoor common areas of multi -unit housing. The ordinance also declares secondhand smoke a nuisance, which allows a citizen to take private legal action. However, the ordinance states that the city cannot he a Dartv in that leeal action or have legal a� However, the five -year compliance period (and up to eight -year period with extensions), is too long for implementation. Hopefully landlords will comply sooner, but this could mean that residents that move into a nonsmoking unit could still be surrounded by a smoking unit for many years. Enforcement will be ':: The nuisance provision is substantially handled by the City 1 weaker than the nuisance provisions in Manager. Citizens can Dublin and Calabasas. While it register a complaint with declares secondhand smoke a the City Manager to initiate nuisance, the ordinance renders that enforcement. declaration almost useless by Page 22 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 Page 23 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 Ii Housing Policies Pleasanton ! The City of Pleasanton Housing Commission adopted a October 2011 policy to prohibit smoking at the two multi -unit housing complexes under its jurisdiction. Smoking will be prohibited inside of all units and in all common areas, with the exception of specifically designated smoking areas in outdoor common areas. All residents will need to sign new leases stating that smoking will not be allowed starting March 1, 2012. City of San Luis The Housing Authority of the City of San Luis Obispo Obispo - ( HASLO) adopted a policy to prohibit smoking in 16 September 2011 1 housing complexes. As leases come up for renewal beginning on January 1, 2012, tenants will need to sign a no smoking lease addendum, with no smoking allowed at all after January 1, 2013. The policy prohibits smoking throughout the entire complexes, including within individual units, decks and patios. Smoking is already prohibited in the indoor and outdoor common areas of these HASLO complexes through the city's secondhand smoke ordinance. Tenants in the building may enforce the no- smoking lease addendum to prohibit smoking or for damages. - San Diego County The Board of Supervisors approved the Housing March 2011 Authority Annual Plan that included no smoking provisions for all affordable housing managed by the County. Smoking is prohibited in all units, all indoor common areas and within 20 feet of all buildings, including porches, balconies and patios. The policy allows for the creation of outdoor designated smoking areas. All residents will be required to sign and return to the Resident Manager a copy of the no smoking policy. The smoking provisions went into effect on July 1, 2011. The County is partnering with the American Lung Association in California to provide cessation resources. San Joaquin County The Housing Authority of the County of San Joaquin's November 2010 Board of Commissioners approved a policy to prohibit smoking at all the public housing properties managed by the Housing Authority. Smoking is prohibited in all units, indoor and outdoor common areas and within 20 feet of The Housing Commission I This is a strong policy that will prote, will enforce the residents of two housing complexes nonsmoking provisions in !'. from drifting secondhand smoke. accordance with the enforcement procedures for all lease provisions. Tenants can inform This is a strong policy that will end up landlords of any violations. protecting tenants of 16 housing Landlords need to take complexes from drifting secondhand reasonable steps to ensure smoke once it is phased in throughout compliance. 2012. Smoking in prohibited ^E This is a strong policy because it areas is considered a lease I prohibits smoking in all public housing violation and subject to the 1 in the county and does not allow courses of action in the grandfathering. Another important Admissions and Continued aspect of this policy is that it includes Occupancy Policy. cessation services to help residents f who smoke to quit smoking if they choose. The Housing Authority will This policy provides a very clear enforce violations k. enforcement plan, which is not found according to this schedule: in other housing authority policies. Another important aspect of this policy First violation — verbal I is that it includes cessation services to Page 24 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 all buildings. Smoking is allowed in parks, sidewalks warning; second violation — help residents who smoke to quit and streets. The prohibitions for smoking in apartment written warning letter; third smoking if they choose. The smoking units go into effect immediately for new residents. violation — 30 -day lease prohibitions are strong, but the one - Existing residents may sign a smoking exemption form ! termination notice with the year exemption for existing residents to allow them to continue smoking in their unit for 12 option to remedy; fourth ` does mean that some tenants may months. However, the residents may not smoke in their violation — 30 -day lease continue to be exposed to drifting unit when any employee or representative of the termination notice secondhand smoke for 12 months. Housing Authority is present. Cessation resources will be made available to all residents. San Bernardino The Housing Authority Board of Commissioners voted to Residents are responsible ` A strong provision of this policy is that County adopt a 100% nonsmoking policy for four housing for informing guests of the it prohibits smoking everywhere on the July 2010 complexes in the county (Redlands Brockton Site, nonsmoking policy and will grounds of specific housing Waterman Gardens Community, Yucaipa Crest and be responsible for any complexes. That ensures that Colton Senior Housing Complex). The policy prohibits f damages caused by a residents will be protected from smoking on the entire properties, including in 100% of violation of the policy. The secondhand smoke drifting from other the units, common areas, every building and adjoining Housing Authority can I units or from outdoor areas of the grounds. terminate the rental complex. is no grandfathering (except for at one senior property). agreement for violations of Current tenants who smoke can request a one -year p the smoking provisions, grace period to be able to continue to smoke in their unit which are considered a for one year. material breach of the change. rental agreement. City of Santa The Housing Authority of the City of Santa Barbara !', HACSB will respond to This policy includes strong smoking Barbara (HACSB) adopted a policy to restrict smoking inside " complaints and ;, prohibitions and good enforcement April 2010/ units and in limited outdoor common areas. For observations of violations provisions. It is a good example of a November 2005 common areas, HACSB reviewed each property to to the smoking policy and policy that resulted from complaints determine if there were locations suitable to designate use warnings and from residents about secondhand as outdoor smoking areas. If there was not a suitable : progressive notifications in smoke exposure. location, then the property was declared 100% : °. an attempt to achieve smokefree. Smoking is prohibited in all units and there compliance. All possible is no grandfathering (except for at one senior property). remedies will be The HACSB used a one -year implementation timeline to I exhausted, up through implement new lease agreements and ensure that all !. eviction. tenants were fully informed about the no- smoking policy change. -_.___ , ......... , .__ — ..._.._ . .. ----- _, .. Santa Barbara The Housing Authority adopted a policy to restrict This policy is a step in the right County smoking inside units and in outdoor common areas. For 'i +. direction to protect people from April 2010 common areas, each property manager is responsible drifting secondhand smoke in units for determining where smoking is prohibited and which managed by the Housing Authority. areas are designated outdoor smoking areas. All new However, because the smoking 'i tenants are prohibited from smoking in their units. For _ �.. prohibitions are applied to existing Page 25 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 existing tenants, the smoking prohibitions are applied on a voluntary basis. Kem County The Housing Authority adopted a policy to prohibit -April 2009 smoking in several housing complexes. For the Village Park Senior Apartments (60 units), smoking is prohibited in all units, common areas, buildings and adjoining grounds. All residents must sign an addendum for the smokefree policy and tenants in the building may enforce the no- smoking lease addendum. For the Plaza Towers and Plaza Towers Annex (199 total units), smoking is prohibited for new tenants. Plumes County The Board of Supervisors adopted a policy to make a July 2008 public housing units in the county nonsmoking. All housing units will become smokefree on July 1, 2009 with no grandfathering for current tenants. Any units that become vacant before that date will be declared nonsmoking when a new lease is signed. This will impact over 200 housing units and both senior and family housing. Residents will still be allowed to smoke outdoors on the properties but will be encouraged not to smoke near windows and doorways. Designated smoking areas with weather covers will be created at each location. Low literacy cessation services will be offered to all residents. City of Alameda The City of Alameda Housing commission adopted a April 2008 -I policy to prohibit smoking within residential units, balconies and on the grounds of the property for all of the apartment complexes that the Alameda Housing Authority manages. The smokefree policy will first be implemented at Independence Plaza, a 186 -unit senior complex. The policy went into effect on August 1, 2008. There will be no grandfathering for current residents who smoke and no designated smoking areas on the property. The smoking restrictions will also apply to employees and Residents can report any smoking violations to the manager. The owner /manager is not required to take steps to enforce this policy unless they have been provided with written notice. The Housing Authority has the right to inspect apartments for evidence of smoking if they are notified of a violation of the no- smoking policy. Residents will be given 24 hours notice prior to an inspection. The Housing Authority can terminate the rental aareement for violations of residents on a voluntary basis, this means that tenants can continue to be exposed to drifting secondhand smoke. The policy for the senior housing is strong because it prohibits smoking everywhere on the property and provide residents with enforcement tools. The policy for the other complex is a step in the right direction but it only prohibits smoking for new tenants meaning that some tenants may continue to be exposed to drifting secondhand smoke. This is a strong policy because it prohibits smoking in all public housing in the county and does not allow grandfathering. While the policy does not address smoking in outdoor common areas, it does prohibit smoking in the most important location, inside the actual units where drifting secondhand smoke can cause the most harm. This is a very strong housing authority policy. By prohibiting smoking everywhere on the grounds of the apartment complexes and not grandfathering in current residents who smoke, this policy ensures that residents will be protected from drifting secondhand smoke as soon as the policy goes into effect. Page 26 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 Page 27 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 - -------- - ----- - - ---- sph P� ............ this policy. The other senior housing complex, Anne B. Diament Plaza with 65 units, will be the next complex to be t Residents can notify the converted to the nonsmoking policy. Housing Authority of potential violations and the Overall, the Housing Authority manages over 500 units in Housing Authority must Alameda and all of the units will be converted to the then take reasonable steps same nonsmoking policy over the coming year. to enforce these provisions. Residents may also sue another resident to enforce the no-smoking policy but do not have the right to evict another resident. Port Hueneme The City Council adopted a resolution that approves the A violation of the smoking This policy will provide important April 2008 Port Hueneme's Housing Authority policy to restrict policy will be handled like protection from drifting secondhand smoking in two public housing properties. At the Mar any other lease violation. A smoke for some senior and low Vista property (senior housing), smoking will be verbal warning will be given income families. Another important prohibited in all units on the bottom three floors, with for a first violation and a aspect of this policy is tha t it includes smoking allowed in units on the top two floors of the written warning for a cessation services to help residents building. Current residents who smoke and live in the second violation. Any who smoke to quit smoking bottom three floors will be encouraged, but not required, subsequent violations choose. to move to a unit on the fourth or fifth floor. At the could result in a Hueneme Village property (family housing), smoking will termination from the be prohibited inside all newly [eased units after July 1, Housing Authority program. 2008. Oxnard The City Council passed a policy that prohibits smoking Housing Authority staff will This is a strong policy because it March 2008 within the Oxnard Housing Authority's two senior notify residents if they creates two entirely smokefree housing properties. Smoking will be prohibited within violate the policy and then I buildings, which is the best way to 100% of the units, balconies, common areas, and within residents will have a I protect tenants from harmful 30 feet of all entrances in both the Plaza Vista and Palm chance to respond to the I secondhand smoke. This policy also Vista properties, making a total of 150 nonsmoking notice. After three has strong enforcement provisions to units. There will be no grandfathering for current I. violations, a resident's ensure the smoking restrictions are residents who smoke. lease is subject to followed. termination. Residents are responsible for ensuring that guests comply with the policy. Paso Robles The Paso Robles Housing Authority adopted a policy to IThe policy is enforced This policy is strong because it March 2008 prohibit smoking inside all apartment units and through tenant screening (if prohibits smoking everywhere on the anywhere on the housing _p oRe r the Dotter no rty o__ . L . applicant smokes they app_ Rr _ _oo liex_ grounds of the housing _mp Page 27 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 are referred to community quit smoking classes and must show letters of completion upon application acceptance), staff and tenant reporting of violations as well as security cameras that monitor the grounds. Thousand Oaks The City of Thousand Oaks adopted a policy requiring March 2007/ developers of new publicly- assisted rental housing to set September 2004 aside one -third of the new units as nonsmoking units. In March 2007, the city updated this policy to require that two- thirds of newly constructed publicly assisted rental housing and one -half of new supportive housing be smokefree. Rancho Mirage The City Council adopted a smoking policy for the Residents can make December 2006 Rancho Mirage Housing Authority. This policy prohibits complaints to the Housing smoking in outdoor common areas in the Housing Authority. Authority's three senior affordable housing residential - complexes. , The policy would also prohibit smoking within apartment units for the Santa Rosa Villas and any future senior residential complexes. All new residents of the other two existing senior residential complexes will be prohibited from smoking in their units, but people that already live in those two complexes will be allowed to smoke in their units until they move. City of Madera 1 The City Council approved a smoke -free policy of the Residents may make August 2002 i Madera Housing Authority. The Madera Housing I complaints to the site Authority adopted a policy to transition two of three I manager. senior housing buildings to be smokefree. New !. residents moving into buildings A and C at Yosemite 11 Manor will not be allowed to smoke in their units or on their patios. Smokers that already reside in buildings A and C would be allowed to continue to smoke in their ensures that residents will be protected from secondhand smoke drifting from other units or from outdoor areas of the complex. Thousand Oaks is one of the first local governments to designate nonsmoking units in publicly- assisted housing under its jurisdiction. However, the policies are only for new housing and do not specify that the smokefree units be contiguous. Currently, nonsmoking units are being placed next to smoking units, meaning that tenants are still not protected from secondhand smoke. for senior residents since one entire residential complex and all future residential complexes will be smokefree. The other two residential complexes should gradually become smokefree as current residents who smoke move out. Smokers were grandfathered in and there is still an entire building that allows smoking. But making two buildings smokefree will provide valuable health benefits to seniors who are some of the most susceptible to the effects of secondhand smoke. As of And 2007, in the two smokefree Page 28 of 30 Center for Tobacco Policy &Organizing, November 29, 2011 Page 29 of 30 Center for Tobacco Policy & Organizing, November 29, 2011 City /County Resolutions Comm' urhtp /bate ,j wlatogPro4isione Discussion Passekl, , Winters The city passed a resolution that encourages landlords This is a nonbinding resolution, which April 2010 and property managers of multi -unit rental housing to means that property owners are not designate at least 50% of their units, including patios required to make any units smokefree. and balconies, as nonsmoking or to make entire The resolution contains no language buildings within a multi -unit housing complex that the units must be contiguous. smokefree. Property managers that do so will be publicly recognized by the City Council. ( _ City of Sacramento In December 2006, the City Council passed a resolution This is a nonbinding resolution, which April 2009/ that encourages property owners of multi -unit rental `, means that property owners are not December 2006 _ housing to designate at least 25% of their units as required to make any units smokefree. nonsmoking or to make entire buildings within a multi- The resolution contains no language unit housing complex smokefree. The percentage was that the units must be contiguous. increased to 50% of units in April 2009. Property owners that do so will be publicly recognized by the City i Council. Rancho Cordova The city passed a resolution that encourages landlords This is a nonbinding resolution, which] September 2008 j and property managers of multi -unit rental housing to means that property owners are not designate at least 50% of their units, including patios I required to make any units smokefree. I and balconies, as nonsmoking or to make entire The resolution contains no language buildings within a multi -unit housing complex that the units must be contiguous. smokefree. Property managers that do so will be publicly recognized by the City Council. Woodland The city passed a resolution that encourages landlords YP 9 This is a nonbinding resolution, which 9 April 2008 and property managers of multi -unit rental housing to means that property owners are not designate at least 50% of their units, including patios required to make any units smokefree. and balconies, as nonsmoking or to make entire j The resolution contains no language buildings within a multi -unit housing complex that the units must be contiguous.. smokefree. Property managers that do so will be — publicly recognized by the City Council. _ County of The Board of Supervisors passed a resolution that This is a nonbinding resolution, which Sacramento encourages property owners of multi -unit rental housing means that property owners are not April 2007 to designate at least 50% of their units as nonsmoking required to make any units smokefree. or to make whole buildings within a multi -unit housing I The resolution contains no language complex smokefree. Property owners that do so will be I that the units must be contiguous. publicly recognized by the Board of Supervisors. I Page 30 of 30 Center for Tobacco Policy & Organizing, November 29, 2011