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MULTI-FAMILY RENTAL HOUSING SMOKING ORDINANCE FACTS
·
Requires at least 80% of apartment buildings to be permanently
designated as non-smoking units by January 1, 2012. According to
the California Apartment Association of Los Angeles, the average
turnover rate for apartments in Calabasas is currently 3-4 years.
·
Landlords are required to submit an initial annual report by July 1,
2008 to the City detailing the number and location of non-smoking
and smoking buildings until the required minimum 80% non-smoking
buildings have been determined.
· Permits
up to 20% of buildings to be designated by landlords as smoking
buildings and allows smokers currently in rental units to be
‘grandfathered’ in. Upon proper notification to their landlord,
smoking unit tenants will be permitted to continue smoking inside
their units even if they are residing in a building designated
smoke-free. Relocating to smoke-free or smoking buildings is
completely voluntary.
·
Prohibits smoking on all multi-unit apartment residence
balconies, porches and patios.
·
Requires landlords to create outdoor designated smoking areas for
smokers as described in
section 8.12.051 of the ordinance.
·
Requires leases for non-smoking units to contain a clause stating
that smoking is prohibited in the unit and that it is a material
breach of the lease to violate the terms of the ordinance.
Landlords will be required to provide potential tenants with a floor
plan identifying the location of smoking units, non-smoking units
and any designated smoking areas.
· Similar
to enforcement of noise laws, if a non-smoking unit tenant violates
their lease by smoking in violation of the ordinance, they are
subject to potential non-renewal. If a landlord receives a two
written complaints from different individuals about a non-smoking
unit tenant smoking, the tenant may be subject to eviction at the
discretion of the landlord. |
