California Landlords May Now Ban Smoking
As of January 1 2012, landlords in California have the right to ban smoking in multifamily housing and condos. While many rental property owners have already established smoking bans, the new law will reinforce their positions.
In California, smoking anywhere—indoors or out—is becoming harder to accomplish. Restaurants, bars, bowling alleys, stores and most other public buildings are smoke free. Some municipalities extend smoking bans to city streets, parks, bus stops, commercially zoned sidewalks, common areas in shopping centers and outdoor dining areas; other cities include private homes that are licensed as family day care facilities.
Now, the entire state is covered by the new law, which was signed by Governor Jerry Brown on September 6, 2011 and hailed by landlords who choose to restrict smoking. The law leaves no question about whether or not they can legally do so, and includes inside units, parking lots, balconies and other common areas. Landlords are required to list in leases and rental agreements where smoking is prohibited.
Multifamily residences account for more than 30% of California housing. 88% of the state’s residents do not smoke, according to data announced by the State Department of Public Health last July. Alex Padilla, who wrote the bill, said “Living in multifamily housing should not compromise the health of renters or their children.”