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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