By Alan Pentico
No one likes secondhand smoke. But is it really a good idea to turn landlords into the “smoking police” in apartment buildings?
The Carlsbad City Council seems to think so with their recent vote to ban all types of smoking inside and outside multi-unit apartment and condo buildings. While this might seem like a step towards healthier living environments, it is a misguided decision that fails to address this complex issue and creates a host of new problems.
First, this ordinance would force landlords to take on a City enforcement role, cracking down on any use of tobacco and cannabis – both legal in California – in private homes. That’s impractical and unfair.
Second, it’s a legal minefield for landlords, who could face lawsuits from tenants or third parties claiming insufficient enforcement or wrongful eviction due to smoking violations.
There’s a better way to address smoking that bothers a smoker’s neighbors, and it’s already happening through rental agreements at voluntarily smoke-free properties. After all, most apartment properties have already banned smoking because of market demand – an increasing number of people want to live in smoke-free environments. This trend has been in place for over a decade, supported by resources and guidelines from industry associations like the Southern California Rental Housing Association (SCRHA) and legislation such as California’s Senate Bill 332.
The notion that a local ordinance will somehow prevent smoking more effectively than existing policies is flawed.
Advocates for multifamily smoking bans often overlook the fact that cities and counties that pass these laws do little to nothing to enforce them. The police will not respond to smoking complaints, and the onus falls completely on the housing provider to enforce the law. It is very challenging to enforce a smoking ban within multi-unit housing. Even with explicit rules in the rental agreement, supported by state law, humans will still be humans and skirt the rules.
Additionally, there is the delicate balance that applies to medical marijuana smokers, where housing providers must balance lease violations with reasonable accommodations.
Sadly, the Carlsbad City Council’s action will likely lead to more evictions. The process for dealing with tenants who violate smoking bans remains complicated. Evicting a tenant for smoking is a long and difficult process that can take many months.
Renters also need to understand that apartment owners and managers might be doing all they can to prevent smoking or remove a smoker, but this is balanced with tenant protection laws and due process rights.
With all the efforts underway throughout the region and state to prevent displacement, keep people housed, and prevent homelessness, is forcing people out of their homes due to smoking the best path forward?
There are steps many housing providers already take to stop smoking at their properties, and it starts with the rental agreement and the choice by a renter to seek out a nonsmoking multifamily property. “No Smoking” signs on the property can help. Our Association can provide best practices to help property owners and managers transition properties to non-smoking.
Again, landlords should not be forced to become the smoking police. The complexities and enforcement challenges make it clear that voluntary policies, supported by clear guidelines and market demand, are the most effective way forward.
Alan Pentico, CAE, is the Executive Director of the Southern California Rental Housing Association.
