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California Laws Regarding Cigarette Smoking in an Apartment

In May 2011, the California Senate passed Senate Bill 332, extending the legal powers that landlords and cities have to regulate smoking in apartments. If approved by the Assembly, the bill, which takes effect January 1, 2012, permits property owners to ban smoking in dwelling units as well as other interior and exterior areas. The law does not preempt local anti-smoking ordinances in effect prior to the state bill’s effective date. Cities such as Calabasas and Belmont and counties such as Contra Costa already have strict smoking laws in place for apartment dwellers.

  1. What SB 332 Requires

    • As of January 1, 2012, all new leases must state the smoking policy and specify where tenants cannot smoke. If a lease that permitted smoking is already in effect, the landlord or leasing agent must provide written notice to the tenant of a change in terms as required by the Code of Civil Procedure, Section 1162 and any local ordinances that apply.

    Concerns About SB 332

    • The state bill’s wording makes it possible for property owners to use a tenant’s failure to abide by the smoking policies as grounds to begin eviction procedures for violating the terms of the lease. Opponents fear that landlords can use the law to remove tenants in rent-controlled units.

    Belmont City Ordinances

    • Belmont municipal ordinance 20.5 includes private decks, patios and balconies as part of the dwelling unit. The city’s definition of smoking includes tobacco as well as any other plant or weed that is lit or burned by any method. The ordinance bans smoking in dwelling units if there is at least one ceiling or floor in the unit that is common to another unit. Landlords may establish outdoor smoking areas of 25 percent or less of the total outdoor area if they post conspicuous signage, mark the perimeter clearly and if the area is at least 20 feet from any door, window or outdoor area intended for use by children.

    Calabasas City Ordinance

    • Calabasas municipal ordinance 8.12.055 requires landlords to designate at least 80 percent of the units in an apartment complex or other multi-unit residence as non-smoking units not later than January 1, 2012. The property owner may declare all units as non-smoking. If he does not, he must group all non-smoking units together and, to the maximum extent possible, separate them from smoking units. Tenants who have been in continuous occupation of a unit since February 1, 2008, may petition their landlords to declare their units smoking units for as long as they remain tenants. New lease agreements must contain details of the smoking policy and existing leaseholders must receive written notice of the change in policy. The ordinance also bans smoking near any vent, entrance or other opening leading to a non-smoking area and specifically notes that smoking on patios, porches or balconies of non-smoking units is not allowed. The law applies to tobacco or any other weed regardless of the method used to smoke the product.

    Contra Costa County

    • In 2010, Contra Costa County passed a ban on smoking in any apartment complex common area, including balconies and patios. The law also prohibits smoking inside apartments built after 2011. The ordinance applies to tobacco products as well as medical marijuana.

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