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Oakland Local Smokefree Housing Laws

OAKLAND LANDLORDS:  Local and State Smokefree Housing Laws

 

 

Oakland Municipal Code, Chap. 8.30: In December of 2007, the City of Oakland adopted new provisions covering smoking in multi-unit housing.

  1. Disclosure of Smoking Policy in New and Existing Multi-Housing

  • All landlords in multi-housing complexes are required to disclose to prospective tenants:  (1) whether smoking is permitted in the unit to be rented; (2) which units are designated smoking units; and (3) how smoking complaints are handled for the complex.
  • All sellers of condominium units are required to disclose to prospective buyers respectively whether smoking is permitted in the unit and the smoking policy for the complex.

 

2. Common Indoor and Outdoor Areas Smoke-Free All common indoor and outdoor areas of apartments and condominiums should be non-smoking. An outdoor area may be designated for smoking with specific limitations including a 25 feet buffer zone protecting structures.

To view the complete ordinance click here

California State Law

SB 332 went into effect on Jan. 1, 2012. This law clearly states that it is legal for landlords to prohibit smoking in the apartments they own and manage and outlines the steps that landlords need to follow should they do so.  For example adding a provision in all leases and rental agreements specifying where smoking is prohibited and providing adequate notice for these changes in accordance with federal, state and local notice requirements.  (CA Civil Code, Section 1947)