New California Smoke Free Housing Law 2012

no smoking sign

California New Smoke Free Housing Law for 2012

The  California Smokefree Housing Law (SB 332) went into effect on January 1, 2012 – added Section 1947.5 to the California Civil Code– and gives multifamily property owners and managers the power to prohibit smoking in rental units.

This authorizes a landlord of a residential dwelling to prohibit the smoking of tobacco products on the property, in a dwelling unit, in another interior or exterior area, or on the premises on which the dwelling unit is located.

This new law makes requirements on notices and leases that a landlord who prohibits smoking pursuant to this authority is subject to federal, state, and local requirements governing changes to the terms of a lease or rental agreement for tenants.

California owner/landlords had prior legal authority to prohibit smoking – this new law gives them platform for new programs to enforce smoking bans in multifamily housing communities.

See Public Health Law and Policy (PHLP) website – with information for property owners and managers who are considering adoption of smoke free policies.

City of Pasadena is even more strict with its smoke free housing law for multi-family units 2012.

The City of Pasadena is leading the California trend and has banned smoking in all multi-family units including condominiums and townhouses, and prohibits smoking in all common areas and inside units.  See the Pasadena city ordinance at “Reduction of Drifting Tobacco Smoke in Multi-Unit Housing.”  

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Source of some information is Davis-Stirling.com newsletter, is for information only and is not the providing of legal services.

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About Harrison K. Long

Professional real estate representative, Realtor, GRI, Broker associate, HomeSmart Evergreen Realty - Orange County, California - CALBRE #01410855 - Helping property owners, estate trustees, executors and administrators, fiduciaries, bankers, investor group managers, with listing and sale of properties - helping people with their best decisions about homes and real estate - Orange County Association of REALTORs (member with service on its board of directors 2012-2014); California Association of Realtors (member now serving on its board of directors); National Association of Realtors - Attorney member of the California State Bar Association #69137 - Contact by telephone or text at 949-701-2515. Thanks.
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