Renters' OK Needed For Smoke Ban Evictions
Posted by Daniel Antolin on Dec 2, 2011 - 3:45:31 PM
West Hollywood City Hall. Photo by Kibiwot Limo
WEST HOLLYWOOD—On Monday, December 5, the West Hollywood City Council will consider adopting an ordinance that would prohibit landlords from unilaterally changing renters' leases in a way that would prohibit smoking in their homes and therefore justify 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 aims to reconcile 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. If officially adopted, it would immediately become effective. The governing body will consider the matter and others during its regular council meeting at the WeHo Library Council Chambers starting at 6:30 p.m.
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