MULTI-FAMILY RENTAL HOUSING SMOKING ORDINANCE

    

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 were 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.

City of Calabasas © 2014