CC SR 20220215 06 - RPV Smoke Free Ordinance
CITY COUNCIL MEETING DATE: 02/15/2022
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to encourage the voluntary implementation of smoke-
free policies in multi-family housing units.
RECOMMENDED COUNCIL ACTION:
(1) Authorize Staff to provide informational materials to property owners and
homeowners associations of multi-family housing complexes within the City to
encourage the voluntary implementation of smoke-free policies in multi-family
housing units.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Deputy Director/Planning Manager/
Steven Giang, Associate Planner
REVIEWED BY: Ken Rukavina PE, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Letter to Multi-Family Property Owners Encouraging Smoke-Free
Policies (page A-1)
B. “How Landlords Can Prohibit Smoking in Multi-Family Housing” Handout
(B-1)
C. August 3, 2021 staff report (page C-1)
____________________________________________________________________
BACKGROUND:
On May 19, 2021, the City Council requested the consideration of a non-smoking
ordinance for multi-family residential units be agendized for a future meeting date.
On August 3, 2021, the City Council was presented with a report that provided an
overview of smoke-free multi-family housing information including housing classifications,
1
CfTYOF RANCHO PALOS VERDES
existing City regulations, a survey of non-smoking policies in the surrounding area and
potential code amendment considerations (Attachment C).
As an outcome of this meeting, which included public comments from a number of smoke-
free advocacy groups and organizations, the City Council requested Staff prepare smoke-
free informational materials to be shared with property owners/landlords and
homeowners’ associations of multi-family residential complexes in order to provide them
information to create or implement their own voluntary smoke-free policies without
requiring a Citywide ordinance.
DISCUSSION:
In response to the City Council’s direction, Staff has prepared draft informational materials
to be mailed to all multi-family housing property owners and homeowners associations in
the City encouraging and providing them the tools to implement smoke-free policies by
highlighting the benefits of these policies. Smoke-free policies would apply to both
traditional cigarettes as well as electronic cigarettes (vaping). The draft materials will
include:
• An informational handout that details the legalities of instituting a new smoke-free
policy (Attachment B)
• A letter that provides the benefits to landlords, tenants, and the public when
smoke-free policies are in place (Attachment A)
In addition to the distribution of the informational materials, Staff is in the process of
preparing a Multi-Family Residential Smoke-Free homepage on the City’s website that
would make the informational materials available to the public. The homepage will also
include additional resource information and links to the websites of advocacy groups
including the Los Angeles County Department of Public Health.
If acceptable by the City Council, Staff anticipates distributing the informational materials
and having the homepage available by March 1. Additional updates will be provided to
the City Council via the City Manager’s Weekly Administrative Report.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Identify specific areas of research and continue the consideration of a
proposed code amendment at a future meeting date.
2. Take no action on the proposed initiative at this time.
2
Month Day, Year
[Landlord]
[Address]
Rancho Palos Verdes, CA 90275
SUBJECT: BENEFITS OF ENACTING SMOKE-FREE MULTI-FAMILY HOUSING UNIT
POLICIES
Dear [Property Owner/Landlord/Homeowners Association]:
On August 3, 2021, the City Council considered creating an ordinance that would prohibit smoking
(including vaping) in all multi-family residential complexes, including apartment buildings and
condominiums. The City Council concluded that before a Citywide ordinance is considered,
individual property owners, landlords and homeowners associations should be given the
opportunity to create their own policies to voluntarily manage smoking on multi-family properties,
each customized to their specific community’s desires and needs.
The intent of this letter and handout is to provide information on the benefits of creating smoke-
free housing policies within multi-family residential complexes and steps on how property owners,
landlords and homeowners associations can accomplish the task of creating such policies within
their communities.
Research has identified many benefits to enacting smoke-free policies in multi-family residential
complexes. These policies benefit both the residents and the landlords alike. The City
recommends that property owners, landlords and homeowners associations consider making
their buildings or areas of their complexes smoke-free in order to protect tenants’ and residents’
health, save money, attract and retain tenants, and reduce fire risk, which are discussed in further
detail below:
• Secondhand Smoke and Health
Secondhand smoke (SHS) is dangerous to everyone’s health. SHS from tobacco causes
approximately 33,950 deaths from heart disease and 7,330 deaths from lung cancer each
year in the US.1 It is especially harmful to children and other vulnerable populations.2 It
contains 250 toxic gases and tiny particles, including 70 known to cause cancer. The U.S.
Surgeon General has also ruled that there is no minimal safe level of exposure to
secondhand smoke.3
Cigarette and electronic cigarette smoke inside a building travels to other apartments or
units and affects other tenants. Even though units are separated by walls, floors, and
doors, the gases and particles from secondhand smoke can circulate through apartments.
A-1
fTYOF CHO PALOS VERDES
2
Smoke can move through ventilation and heating systems, cracks, openings in lighting
and plumbing fixtures, electrical outlets, and under doors. A 2020 survey of 4,800 Los
Angeles multi-family tenants indicated that 49% of residents have been exposed to
secondhand smoke related to tobacco, marijuana, or e-cigarettes where they live.4 The
risks of indoor smoking in residences are very real.
The toxic gases and particles from secondhand smoke can’t be removed by ventilation
systems. The American Society of Heating, Refrigerating, and Air Conditioning Engineers,
which sets international standards for indoor air quality, unanimously agreed that
secondhand smoke can’t be removed by ventilation and air filtration.5 Opening windows
is also considered not effective to avoid secondhand smoke exposure. The only way to
prevent secondhand smoke exposure in residential buildings is by adopting and enforcing
smoke-free policies. Smoking outside the building near windows and doors can also draw
smoke into the building. Therefore, most smoke-free housing policies do not let residents
smoke near buildings.
• Cost Savings
Research indicates that management and maintenance expenses, like cleaning and
repair, are much higher when a tenant has been smoking inside an apartment. The
turnover costs for units that have been smoked in can be several thousand dollars higher,
sometimes higher than turnover for non-smoking units.6 A smoke-free building is ultimately
less costly because units don’t have damage from smoke. Avoiding damage protects your
investment and makes it easier to maintain.
Some insurance companies even offer discounts on insurance for 100% smoke-free
buildings. Ask your insurance carrier for more information.
• Attracting and Keeping Tenants
Smoke-free housing can reduce tenant turnover and increase tenant satisfaction. That
means fewer tenant complaints and requests for relocation and reasonable
accommodation. A 2020 survey of 4,800 Los Angeles multi-family tenants found that
nearly 92% would support either a full ban or some restrictions on smoking in multi-family
housing units. This percentage is larger than the number of multi-family complexes that
institute some form of non-smoking policy (46%) thus indicating a demand that is not being
met.7
A recent LA County Public Health survey of 293 Rancho Palos Verdes residents found
that 76% supported a total ban of smoking near windows and doors of privately owned
buildings.8
• Fire Safety
Smoking in the home is a leading cause of both residential fires and fatal residential fires
in the U.S.9 Fires caused by cigarettes and other smoking products cause more building
or property damage than other types of residential fires.10
A-2
3
Smoking cigarettes and other products in the home is especially dangerous because they
may come into contact with flammable furniture, bedding, curtains, clothes, and other
items, and start a fire. Smoking was the second leading known cause of home fire deaths
between 2017-2019.11
The risks are even higher in buildings with large numbers of elderly or disabled residents
who may have mobility issues that will not allow them to escape from a fire.12 Close to
50% of all deaths from residential smoking-related fires are people over the age of 65.13
Residents who use home oxygen, which is highly flammable, are at serious risk from
smoking or being near smoking. The U.S. Fire Administration (USFA) advisers to never
smoke around medical oxygen because it can explode, even when it is turned off, if a fire
or spark is nearby. Oxygen also makes fires burn faster and hotter than other fires.14
Although the City of Rancho Palos Verdes is not considering enacting a full ordinance at this time
to prohibit smoking in multi-family residential complexes, the City strongly encourages property
owners, landlords and homeowners associations to consider creating their own smoke-free
policies that are tailored to each individual community to limit/prohibit secondhand smoke.
For additional information on how to enact smoke-free policies, please reference the enclosed
handout and visit the City’s website: https://www.rpvca.gov/. For questions, please contact the
Community Development Department at (310) 544-5228 or via email at Planning@rpvca.gov.
Sincerely,
[CITY STAFF OR ELECTED OFFICIAL]
[TITLE]
Enclosed: How Landlords Can Prohibit Smoking in Multi-Family Housing
1 U.S. Department of Health and Human Services. 2014.
The Health Consequences of Smoking—50 Years of Progress:
A Report of the Surgeon General. https://www.ncbi.nlm.nih.
gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf
2 California Tobacco Control Program, TobaccoFreeCA. (2020). Secondhand Dangers.
https://tobaccofreeca.com/secondhand-dangers/
3 Centers for Disease Control and Prevention. (2006). The health consequences of involuntary
exposure to tobacco smoke: A report of the Surgeon General. Atlanta.
http://www.ncbi.nlm.nih.gov/books/NBK44324/
4 UCLA Center of Health and Policy Research. (2020). Health at Risk: Policies are Needed to End
Cigarette, Marijuana, and E-Cigarette Secondhand Smoke in Multi-Unit Housing in Los Angeles.
http://healthpolicy.ucla.edu/publications/Documents/PDF/2020/Health-at-Risk-policybrief-may2020.pdf
5 ASHRAE. (2010). ASHRAE position document on environmental tobacco smoke. www.ashrae.org
6 Change Lab Solutions. (2014). Economic benefits of smoke-free housing.
http://www.changelabsolutions.org/sites/default/files/Appendix_2-Economic-benefits-smokefreehousing_
FINAL_20140417.pdf
7 UCLA Center of Health and Policy Research. (2020). Health at Risk: Policies are Needed to End
Cigarette, Marijuana, and E-Cigarette Secondhand Smoke in Multi-Unit Housing in Los Angeles.
A-3
4
http://healthpolicy.ucla.edu/publications/Documents/PDF/2020/Health-at-Risk-policybrief-may2020.pdf
8 County of Los Angeles Public Health. (2020). Outdoor Areas Public Opinion Survey. Tobacco Control &
Prevention Program.
9 U.S. Fire Administration. (2015, December). Fire risk in 2013. Topical fire report series, 16 (6).
https://www.usfa.fema.gov/downloads/pdf/statistics/v16i6.pdf
10 U.S. Fire Administration. (2012, June). Smoking-related fires in residential buildings (2008-
2010). Topical fire report series, 13 (6). https://www.usfa.fema.gov/downloads/pdf/statistics/v13i6 .pdf
11 FEMA US Fire Administration. (2017-2019). Civilian Fire Fatalities in Residential Buildings.
https://www.usfa.fema.gov/downloads/pdf/statistics/v21i3.pdf
12 Change Lab Solutions. (2014). Economic benefits of smoke-free housing.
http://www.changelabsolutions.org/sites/default/files/Appendix_2-Economic-benefits-smokefreehousing_
FINAL_20140417.pdf
13 National Fire Protection Association. (2013, July). The smoking-material fire problem.
http://www.nfpa.org/research/reports-and-statistics/fire-causes/smokingmaterials
14 U.S. Fire Administration. (2007, June). Fire safety facts for smokers and people who live with
Smokers. http://www.pfa.org/firesafe/USFA_factsheet.pdf
A-4
How Landlords can Prohibit Smoking in Multi-Family Housing
Although Californians have extensive protections from exposure to secondhand tobacco smoke where they
work, eat, and play, some are still exposed to secondhand smoke where they live. Landlords and property
managers can protect tenants from exposure to secondhand smoke by prohibiting smoking in common areas
and in individual rental units.
This fact sheet describes how a landlord can make common areas nonsmoking and outlines the steps a
landlord must follow to change a lease to make an individual unit smoke free. This information does not
apply to rental housing governed by a local rent control ordinance or to a condominium complex that is
seeking to adopt a no-smoking policy1. Also note that if rental housing is subsidized by a government agency,
such as the U.S. Department of Housing and Urban Development (HUD), additional procedures might be
required to adopt a no-smoking policy.
Why would a landlord want to prohibit smoking?
In addition to the important health benefits of reducing exposure to secondhand smoke, restricting smoking
can decrease the risk of accidental fires and may even reduce fire insurance premiums. Landlords may also
see a significant reduction in maintenance and turnover costs. Cleaning and refurbishing a smoker ’s unit can
require additional time and effort to repaint and to replace carpets and drapes. By
prohibiting smoking in a unit, landlords can minimize or eliminate these expenses
altogether. Another advantage to smoke free buildings is that smoking related fires
are the leading cause of fire-related deaths in residential buildings.
Is it legal for a landlord to prohibit smoking?
Yes. California law affirms that landlords have the authority to prohibit smoking
anywhere on their property, including common areas and individual units.3 A ban on
smoking in common areas is similar to other rules tenants typically must follow
regarding the use of common areas, such as the hours for using the laundry facility
or the requirement that children be accompanied by an adult when using the pool.
It is also legal for a landlord to ban smoking in individual units. Landlords have the
legal right to set limits on how a tenant may use rental property—for instance, by restricting guests, noise,
and pets. A “no-smoking” term is similar to a “no pets” restriction in the lease—another way for a landlord to
protect their property. Landlords who choose to adopt smoke free policies on their property have to inform
all new tenants of the policy by including a provision in the lease describing the portions of the property that
are smoke free. Products that may be prohibited include cigarettes, marijuana (including medical), and e -
cigarettes.
How would a landlord restrict smoking in the common areas?
A landlord may prohibit smoking in indoor and outdoor common areas and designate a specific outdoor
smoking area by changing the rules for those areas. For existing month-to-month rental agreements, a
landlord must provide reasonable notice of the new no-smoking policy, usually 30 days before it becomes
effective. For existing fixed-term leases (leases that last for a set time period, for example, 12 months), the
rules may be modified with reasonable notice if the lease agreement and/or the rules allow for such changes
during the lease period. Otherwise, fixed-term leases should be amended in writing to include the no-
smoking provision, either during the term of the lease with the tenant ’s consent or when the lease renews or
converts to month-to-month. A lease amendment must be signed by the same two people who signed the
original agreement.
Important
A landlord is not unlawfully
discriminating against
smoking tenants or
violating a smoker’s
fundamental right to
privacy when banning
smoking in common areas
or individual units.2
B-1
How would a landlord prohibit smoking in an individual unit?
A landlord would amend the lease with the tenant to add a no-smoking provision or apply the policy to new
tenants only. The process the landlord uses depends on the type of lease involved.
New Lease
The easiest time for a landlord to establish a no-smoking policy is when a new lease is created, either when a
new tenant moves in or when an expired lease is replaced. Once the landlord and the tenant sign the new
agreement, the smoking restriction becomes a requirement like any other provision in the lease. Note that
such a provision does not prevent a smoker from renting the unit; instead, it prohibits smoking by anyone in
the unit—whether tenants or guests.
Existing lease—with consent of the tenant
If a current tenant and landlord agree to change an existing lease to include a no -smoking provision, the
landlord should either:
(a) add an amendment to the existing lease specifying the no-smoking provisions, or
(b) create a new lease that includes the no-smoking provision
Existing lease—without the consent of the tenant
If a landlord wants to include a no-smoking clause in an existing lease but the current tenant does not, the
landlord may still change the lease to prohibit smoking in the unit. The process depends on the type of rental
agreement:
Month-to-month rental agreement
A landlord may add a smoking prohibition to a month-to-month rental agreement by giving written
notice to the tenant of the new condition4 and by making the no-smoking restriction effective at least
30 days after giving notice to the tenant.5 A tenant who does not accept this new lease term is, in
effect, ending the tenancy by refusing to renew the month-to-month rental agreement.
Fixed-term lease
When a lease is for a fixed term (typically a 6 or 12 month period), the landlord cannot change the
lease during that time period without the tenant’s consent. This type of lease fixes all the conditions
in the lease, and the landlord cannot make any changes to the lease during that time. However, when
a fixed-term lease ends, it may convert to a month-to-month agreement. If so, the landlord may then
add a no-smoking provision to this new month-to-month agreement by following the same steps
outlined for the month-to-month rental agreement, above. Otherwise, at the end of the fixed term,
the landlord and tenant may need to create a new lease, which can include the no -smoking clause.
Can a landlord prohibit smoking on the balcony or patio?
Yes, a landlord may use the lease to restrict smoking both inside and outside the unit. A no-smoking provision
in the rental agreement should clearly state whether smoking is prohibited only inside the unit or on any
outdoor space that only the tenant can use, such as the balcony or patio of that unit.
B-2
What effect does a no-smoking lease term have?
The smoking prohibition becomes part of the lease. This new term will be like any other condition of the
lease: if the tenant or the tenant’s guests fail to comply with the provision, the tenant is in breach of the
agreement, which could be grounds to end the tenancy. The no-smoking rule should be enforced like any
other rule that landlords have taken the time and thought to adopt.
Does this mean that smokers can’t live in these complexes?
No. Smoke free policies restrict smoking—not smokers. A smoke free policy does not limit who can live in an
apartment or condominium, so long as all residents and their guests refrain from smoking indoors.
Can a Landlord evict a tenant for smoking?
Yes but only if a no-smoking policy was properly implemented. A clear no-smoking policy prohibits all form of
smoking, including smoking marijuana for medical reasons. A landlord who has included a no -smoking policy
in a lease or rental agreement can terminate the tenancy of a tenant who smokes. When the no -smoking
policy is part of the rental’s rules and regulations but not incorporated into the lease or rental agreement,
the landlord might only be able to terminate the tenancy or evict if the tenant repeatedly violates the rules.6
For additional resources please visit:
Smokefree Apartment House Registry: http://smokefreeapartments.org/
Los Angeles County Public Health: http://publichealth.lacounty.gov/tob/
California Air Resources Board: https://ww2.arb.ca.gov/our-work/programs/environmental-tobacco-smoke/
california-tobacco-laws-reduce-ets-exposure
California Department of Public Health: https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/Pages/
CaliforniaTobaccoControlBranch.aspx
ChangeLab Solutions7: https://www.changelabsolutions.org/tobacco-prevention
1 The scope of smoking restrictions and the process to adopt such a policy for a condominium complex is very different from that in the rental
housing context, because of condominiums’ ownership structure and covenants, conditions, and restrictions (CC&Rs). Note, however, that this
fact sheet applies if a condominium owner is renting the unit to a tenant.
2 For a more detailed discussion of this topic see the publication There Is No Constitutional Right to Smoke. Available at: http://
changelabsolutions.org/publications/no-constitutional-right-smoke.
3 California Civil Code § 1947.5
4 A landlord must follow the notice requirements set forth in California Code of Civil Procedure § 1162, which authorizes a landlord to serve
notice of a changed lease term in three ways: the landlord must attempt to give written notice to the tenant personally; if that fails, she may
leave a copy with someone of suitable age and discretion at either the tenant’s residence or place of business; and if that fails, the landlord
may fasten a copy in a conspicuous place on the property, and mail a copy to the tenant.
5 California Civil Code § 827(a).
6 NOLO. (2021) Tenant Rights to Smoke Cigarettes or Marijuana in Rental Units. https://www.nolo.com/legal-encyclopedia/tenant-rights-smoke-
california-rental-units.html
7 Most of the materials for this document originated from information provided by ChangeLab Solutions. https://www.changelabsolutions.org/
product/how-landlords-can-prohibit-smoking-rental-housing
The legal information provided in this document does not constitute legal advice or legal representation. For legal advice, readers
should consult a lawyer in their state and seek the advice of their own legal counsel before adding language to their rental
agreements.
B-3