Landlords Need Smokers' OK To Evict Them
Posted by Daniel Antolin on Dec 6, 2011 - 4:01:23 PM
West Hollywood City Hall. Photo by Kibiwot Limo.
WEST HOLLYWOOD—On Monday, December 5, the West Hollywood City Council unanimously adopted an ordinance that will prohibit landlords from unilaterally changing renters' leases in a way that bans smoking in their homes and justifies evictions.
California Senate Bill 332, which was passed into law in May, allows landlords to prohibit smoking on property that they lease. WeHo Ordinance No. 11-879 clarifies that landlords must first receive tenants' written consent before adding this kind of language to rental agreements. Introduced in November as an urgency ordinance, 11-879 reconciles both statutes in order to prevent unwarranted evictions.
SB 332 language reinforces WeHo's ordinance, "For a lease or rental agreement entered into before January 1, 2012, a prohibition against the smoking ... shall constitute a change of the terms of tenancy, requiring adequate notice in writing."
On November 21, the West Hollywood City Council unanimously passed an initial reading of the ordinance. Officially adopted by the council on December 5 as part of the consent calendar, 11-879 will become effective immediately.
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