In the past, we've discussed California's proactive regulations as well as a disagreement stemming from smokers residing in multifamily units including townhouses and apartments. This new law, effective January 1, 2012, should come as no surprise.
California Senate Bill 332 was signed into law on September 6, 2011 by Governor Jerry Brown. The law now requires landlords to state in lease agreements where smoking is permitted on property. Some upscale units have imposed smoking restrictions in-unit for the greater part of a decade with few legal issues arising. This bill will further allow landlords to take affirmative action in deciding if and where tenants can smoke.
With multifamily housing accounting for more than 30 percent of California's residences, Senator Alex Padilla, Democrat - Los Angeles, believes this provides landlords "on solid legal ground if they choose to have those restrictions." Padilla went on further to state, "While more than 86 percent of Californians do not smoke, there is currently very little smoke-free housing in California. Living in multifamily housing should not compromise the health of renters or their children."
Robert Best, the western region director of the Smoker's Club Inc., a national organization that advocates for smokers' rights, said he believes "landlords have the right to ban smoking in their complexes, but I don't think the state should be attacking smokers while the country is going down the toilet."
No matter what residents prefer, the choice is now available to call and ask if smoking is permitted in unit or on property. This goes to further the rights of people as a collective whole. When someone doesn't want to live around smokers, they can limit their property search to those specifically banning smoked tobacco.
Now the real question: What will this ban do for those who use electronic cigarettes?
What are your thoughts?
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