Smoke-Free Multi-Unit Housing refers to a ban on smoking tobacco products in a multiple‐unit or multi‐unit housing (MUH) complex which is defined as a public or private building, or portion thereof, containing two or more dwelling or other housing units including, but not limited to, a building with live/work units, apartment buildings, condominiums, senior citizen residences, nursing homes, housekeeping room/units, residential or single room occupancy hotels, and other multiple unit residential dwellings, group housing, or boarding facilities. According to recent estimates, roughly 80 million (1 in 4) United States (U.S.) residents live in MUH complexes and more than 1 in 3 renters are exposed to secondhand smoke.
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Origins
The first ban on smoking in multi-unit housing in the U.S. occurred in Belmont, California due to the advocacy efforts of a group of low-income senior citizen residents who were frustrated by the drifting secondhand smoke from their neighbors. The City Council voted unanimously in November 2006 to pass a comprehensive ordinance that bans smoking anywhere in the city except single-family detached homes. The law was adopted in October 2007 and sparked the interest of city officials from around the nation and the world.
Dangers of Secondhand Smoke
Secondhand smoke is a major cause of disease and premature death, including lung cancer, heart disease, and respiratory problems in nonsmoking adults. According to the U.S. Surgeon General, there is no safe level of secondhand smoke exposure. Children exposed to secondhand smoke are at increased risk of Sudden Infant Death Syndrome (SIDS) and are more susceptible to respiratory infections, asthma, and ear infections. One study showed that children who live in homes in which no one smokes inside have a 45% increase in cotinine levels if they live in multi-unit housing compared with detached homes, due to seepage through walls and shared ventilation systems.
Secondhand smoke exposure in multi-unit housing is a serious health threat because secondhand smoke drifts into housing units from neighboring units, balconies, patios, and common areas. The most effective way to address this problem and protect tenants from secondhand smoke is to pass a strong policy making, at a minimum, all units and indoor common areas in a building smoke-free.
Terms of Tenancy
In addition to banning smoking in multi-unit housing residences such as apartment buildings and condos, smoke-free housing laws usually change terms of tenancy for rental units, making it a lease violation to smoke in a nonsmoking unit. These lease changes are automatic for new leases and upon renewal for existing leases. Declaring secondhand smoke as a nuisance is another option for city and county governments.
Smoking and Rent Control
Communities with rent control laws have differing options in passing a smoke-free multi-unit housing policy as landlords are restricted in changing terms of tenancy without the consent of the tenant. One option is to prohibit smoking in new tenancies and even some existing tenancies. In May 2014, the City of Berkeley was the first rent control city in California to adopt a smoke-free multi-unit housing law with a city enforcement mechanism in place that covers all newly initiated leases while encouraging those with existing leases to sign a new non-smoking lease addendum on a voluntarily basis. With this law, all residents of multi-unit housing including condos and rent-controlled units are covered.
Municipalities with Laws Addressing Multi-Unit Housing
After Belmont passed its smoke-free multi-unit housing policy, other cities began to follow suit. As of April 4, 2016, 22 jurisdictions in California have enacted municipal laws at the city or county level that prohibit smoking in 100% of private units of all specified types of multi-unit housing. These laws typically apply to both privately-owned and publicly-owned multi-unit buildings. These laws apply to all existing and future buildings, and do not permit current residents to continue smoking in the building (i.e. no “grandfathering” clause). This includes: Alameda, Belmont, Berkeley, Burlingame, Compton, Daly City, El Cerrito, Foster City, Huntington Park, Pasadena, Petaluma, Richmond, San Anselmo, San Mateo, San Mateo County, San Rafael, Santa Clara County, Sebastopol, Sonoma County, Tiburon, Union City, and Walnut Creek.
In addition, 28 jurisdictions in California have municipal laws at the city or county level that do not prohibit smoking in all units of all multi-unit residential buildings in the community, but restrict smoking in private units of some specified types of multi-unit buildings. These laws typically apply to both privately-owned and publicly-owned multi-unit housing. This includes: Albany, Baldwin Park, Burbank, Calabasas, Contra Costa County, Corte Madera, Cotati, Culver City, Dublin, El Monte, Fairfax, Glendale, Lafayette, Larkspur, Loma Linda, Manhattan Beach, Marin County, Mill Valley, Novato, Oakley, Pinole, Pleasant Hill, Rohnert Park, Santa Monica, Santa Rosa, Sausalito, South Pasadena, and Temecula.