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A Guide to California’s Proposed Ban on Smoking in Apartments

| March 14, 2013
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It’s move-in day. You’re sitting in the great new condo you just bought. And suddenly you catch a whiff of cigarettes coming from next door. If you’re a healthy-living type, your home-buyer happiness may be gone in a puff of smoke.

Now California Assemblyman Mark Levine, D-Marin, is trying to address that problem with a statewide ban on smoking in multiunit housing.

What would the bill do?

AB 746, currently in the Assembly Housing and Community Development  Committee, would ban smoking in “any residential property containing two or more units with one or more shared walls, floors, ceilings, or ventilation systems.”

It would be one of the toughest smoking laws in the country, and affect some 12 million Californians, Michael Krasny explained on KQED’s Forum Wednesday.

Why is the bill being proposed?

“When we sent our children to school, we send them to a smoke-free environment,” said Levine on the show. “When we go to work we have protections because of state law to work in a smoke-free environment. Where we should feel safest in our own homes, where we sleep each night, is not protected.”

The U.S. Surgeon General says there is no safe level of exposure to the smoke, but 4.6 million-4.9 million Californians are exposed to it in multiunit housing against their wishes. The smoke can pass through walls as well as ventilation, said Levine.

“We’re not trying to stop people from smoking here, what we’re trying to do is protect the people who want to breathe clean air from having to breathe this toxic air contaminant,” said Levine.

One caller to the show from Miami, Fla., wished there was a similar law where he lived:

My wife and I recently bought a condo in Miami where there are no such laws, and we discovered after we bought that our next door neighbors are a couple of great guys, very respectful and are aware that their second hand smoke permeates into other units and into the hallways. But they are addicted. They are smokers. There is not really much we can do about it. So the one thing I would like to say is if you are considering buying an apartment or a condo be very careful who you are buying next to.

That point of view is shared by most people in multiunit housing, said Levine. He cited a poll by the American Lung Association showing that 82% of California renters would prefer to live in an apartment complex where they don’t have to breathe second-hand smoke.

The law is consistent with others on the books, such as those that restrict playing loud music late at night, or smoking in a car with a baby, he said.

Who opposes it?

The bill is raising concerns not only among smokers but also among landlords who fear they will be liable for renting to smokers, said Debra Carlton, senior vice president of public affairs for the California Apartment Association. “We can’t enter the unit without the tenants’ agreement,” she said. “But at the same time it tells landlords you are responsible for the actions of your tenants.”

The Apartment Association acknowledges that second-hand smoke is a problem and has not officially opposed the bill, but wants closer scrutiny of its implications. “We want to make sure we do this right in not putting people out in the streets, but at the same time we’re not harming the tenants next door who don’t want to breathe second-hand smoke,” said Carlton.

How would it be enforced?

One caller to the show, Ned, saw the bill as an invasion of privacy: “Are we going to put cameras in people’s homes to make sure they’re not smoking? I mean this is ridiculous. Don’t you have anything better to do than to go to people’s homes and tell them what to do?”

Carlton said landlords will run into particular problems enforcing the regulation in jurisdictions with rent control because it’s so difficult to evict tenants.

Levine responded that already 40 local jurisdictions, and 18 housing authorities have passed some sort of prohibition on smoking in multiunit housing. “I was part of passing this in San Rafael where we had a 100% ban. Enforcement has not been a problem at all.”

Ray, a Sonoma County landlord, phoned the show to say enforcement is very much a problem there. He said one county ordinance restricted smoking near doorways and windows, then another prohibited smoking indoors. That has put him in an awkward position with his smoking tenants. “I can’t evict my people,” he said. “They’ve been living here for years. What am I supposed to do, go and chase them around?”

What about medical Marijuana?

Other callers worried that medical marijuana smoker would lose access to their medicine, but Levine said the law would apply only to tobacco smoke.

 

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Category: Environment, Government, Health, Human Rights

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  • http://www.facebook.com/people/Hilary-Walsh/100001706915216 Hilary Walsh

    so those stinky clove and camel dung cigarettes are ok?

  • RemyBon

    Cloves are already banned in the US as are all flavored cigarettes, they contained tobacco and so they would be not allowed to smoke inside multi unit houses if they were still available.

  • Generalissimo X

    another freakin zio-fascist trying to deny americans their liberty. what is it with a certain tribe anyway?

  • JasonL77

    What about odor from cooking, pets and people that never clean their apartments? When are they going to do something about that?

  • Truelitistnot

    Time to leave commiefornia. Seriously, this state is so full of it. Going to leave soon. Selling all my properties and leaving. Screw you California.

    • Janet

      I would so leave except my husband’s job and our families live here too! Argh!!!

      • Truelitistnot

        I hear you. Well, no job to me is worth it anymore. Me, my mother, my wife and son are out of here. Already called the real estate agent on the first property.

  • Bigg Donn

    Smokers simply do not appreciate how annoying tobacco smoke is….
    Suppose we liked to eat beans and phart continuously such that it permeated *your* unit…??

  • Janet

    See, let’s just smoke our “medical” marijuana. Nothing wrong with others’ getting a contact high. What about your little kid? Who wants their children high? If you don’t want to live next a person or people who smoke, then don’t! It’s pretty simple, idiots! This is one reason I hate CA so badly.

    • http://www.facebook.com/people/Myke-Folkes/1348314707 Myke Folkes

      A contact high..? Are you kidding me..? It’s MARIJUANA, NOT LSD. You could be in a hot boxed closet or vehicle, not smoke any yourself, and not feel anything. Contact highs are a MYTH. Everybody I’ve ever known who was a medical marijuana patient, has kept it and it’s smoke away from their children.

  • http://www.facebook.com/people/J-Orion-Wood/100002270344492 J Orion Wood

    My favorite is that reefer madness style propaganda piece (commercial) that you see in California when you are watching your favorite programs where someone is smoking on their patio and the smoke goes through three walls, a front door of an apartment, through the baby’s shut door and right into the lungs of that infant. I honestly believe that in our lifetimes, we are all going to know someone who serves jail time for smoking a cigarette in public. And these same numb skulls are always the first to complain that there are too many cops. How else are you going to get people to comply with the draconian progressive agenda and it’s loony bans and restrictions if you don’t have leftist Hitler style police officers running amok?

  • Truelitistnot

    Expect smoke detectors that go off from cigarette and cigar smoke next. See an old man smoking a cigar, call the cops… I can see the television ads already.

  • californian

    “The smoke can pass through walls as well as ventilation, said Levine.”

    Smoke can pass through solid objects, huh? What is this… quantum cigarette smoke from the 12th dimension?

    These mental-midget control freaks really need to get over themselves.

  • PersonWhoCares

    Ok this guy is truly an idiot. Mark Levine, D-Marin are you not aware that in order for the children to breathe in a clean safe environment you have to remove all smoke that is polluting our atmosphere which includes Cars, Planes, Cigarettes, and anything else that produces a toxic fume that is not only harmful to the human body but also is an imbalance to human health and longevity. Unlike marijuana which on record has no statistics relating to anyone actually dying from it. If your not with The Constitution then you must be with The Terrorists.

  • comf78

    I don’t like liberal California and I don’t like intrusive, big government. But as a condo owner who can’t sit in my own back yard due to the nasty stench of my neighbors, I applaud California if they pass this law. After all, isn’t one of government’s true duties, to protect the citizenry? Second hand smoke is a proven carcinogen and if you can’t keep it off my patio, then ban it!