California New Smokefree 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 authroizes 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 smokefree policies.
City of Pasadena is even more strict with its smokefree housing law for multi-family units 2012.
The City of Pasadena is leading new 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.
Harrison K. Long – REALTOR® and broker associate, GRI – Coldwell Banker Residential Brokerage – CA DRE 01410855 – SFR short sale and foreclosure resource certified by the National Association of REALTORs® – now serving as an appointed director at the California Association of REALTORs® – elected director atOrange County Association of REALTORs - attorney member of the California State Bar Association #69137
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