 Santa Monica News
SANTA MONICA—The Santa Monicans for Non-Smoking
Renters Rights wants the city to expand non-smoking laws by creating
non-smoking sections in multifamily residential buildings, including individual
units.
The group is asking that the City Council review its
current non-smoking laws, and look into expanding those laws to require that
landlords designate sections of apartment buildings and condominiums as
non-smoking. They also ask that City Council require landlords to disclose
information on locations of smoking and non-smoking units to potential renters
and buyers.
The Santa Monicans for Non-Smoking Renters Rights,
formerly known as the Alliance for Protection from Secondhand Smoke in
Apartments and Condominiums, have been successful in the past when they lobbied
the City Council to ban smoking in common areas of condominiums and apartments.
The City Council has been urged to take up measures
similar to that of Oakland and Calabasas in order to make a large percentage of
condos and apartments smoke-free.
Currently, 85 percent of all apartments in Oakland are
non-smoking and Calabasas has recently passed a law that requires 80 percent of
all condos and apartment buildings to be non-smoking; that law is to take
effect in 2010.
In 2008, the City Council explored different solutions
to the secondhand smoke issue when The Santa Monicans for Non-Smoking Renters
Rights as well as other concerned individuals brought forth the proposal to ban
smoking in common areas of condos and apartments.
It was noted on an October 2008 staff report
concerning the ban, which took effect in January, that, “Whatever enforcement
approach the Council takes, it is vital to consider the practical ramifications for
landlords, smoking tenants, and non-smoking tenants. Remedies and the effect of
the law on smoking tenants’ rights and tenancies need to be considered and
carefully spelled out in the ordinance. Landlords and their organizations have
expressed concern about landlords’ potential liability to non-smoking tenants
if they fail to take action against smokers; they also expressed concern that
they not be seen as violating tenants’ rights laws if they take action against
smoking tenants. Rent Control Board staff and a representative of Santa
Monicans for Renters Rights expressed concern that any regulation not undermine
the existing rights or tenancies of tenants in controlled rental units. They
also expressed concern that, even if existing smoking tenants are protected
under the law, that some unscrupulous landlords may still use any anti-smoking
regulation as a pretext for harassment of tenants in controlled units.”
Similar concerns are at hand for the City Council
regarding expanding the smoking ban this time around.
Smoking is currently banned in most public areas in
Santa Monica such as the Farmers Market, outdoor dining areas, bus stops, Third
Street Promenade and ATM lines.
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