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• Interestingly, 16% of tenants surveyed reported that they smoked or allowed someone to smoke in their apartment unit. Now, why would you allow that?!! It must have been the kids’ friends.
Overwhelmingly, 92% of rental property owners favored smoke-free policies...again, the reason is that smoking damages units, turnover is more costly, and smoking causes tenants to complain about one another. That being said, housing providers want nothing to do with enforcement of smoke- free policies, and also do not want to be required to perform additional administrative tasks such as providing notices to renters or posting costly signs. While “no-smoking” may be a provision in their leases, most rental property owners do not want to go so far as to evict a renter for smoking in violation of a lease – which given current regulations today, most tenant protection ordinance make it very difficult to evict a renter for smoking in violation of their lease, and the origin of the smoke may be difficult to prove. And let’s not forget, evictions are costly and time consuming. Our hands are tied... basically. Some jurisdictions, like West Hollywood, outright prohibit evicting a tenant for smoking in violation of that City’s no-smoking at multifamily properties, the West Hollywood property owners have no real enforcement mechanism.
The UCLA study found that 3 out of 5 tenants live in buildings with some form of smoking ban, whether in common areas or individual units. But as I mentioned these policies can be difficult to implement, particularly in rent-controlled jurisdictions. That is why so many tenants reported to UCLA exposure to smoke in their rental units. Also, if a tenant who smokes has rented their unit before a no smoking policy was put in place, an owner typically cannot require them to stop unless the smoking ban is subject to local ordinance, particularly in rent- controlled jurisdictions.
In the absence of a prohibition by local ordinance, landlords can only ask existing tenants to voluntarily refrain from smoking. I have found the city-wide ban on smoking to be the best way to prohibit smoking in multifamily rental housing because it removes the enforcement obligation from the owner, and renters are more willing to comply when there is a threat of a fine imposed that might be imposed by the city. From our Association’s perspective, when it comes to smoke-free policies, we are almost always supportive provided the policies relieve our members
76 JANUARY 2022 - APARTMENT MANAGEMENT MAGAZINE AMM1/6
of significant administrative obligations, excessive costs, and enforcement obligations.
Our ultimate goal is to assist you, our members, with providing safe and affordable housing at a fair return. Accordingly, policies to protect our residents from the health risks of secondhand and thirdhand smoke in their homes is critical, and policies that ultimately save money so property owners can make a few bucks in the business, is something we like to get behind.
The best smoke-free ordinances are ones that include the establishment of a single smoke-free policy requiring all multiunit housing properties in a local jurisdiction to be 100% smoke-free – as I mentioned, an outright ban on smoking in apartment buildings works. This is the only way to protect all tenants. Most owners, as pointed out in the UCLA survey, feel smoking should be banned throughout the entire property and not permitted just in common areas or outdoors on balconies, for example. Any smoke-free policy must include appropriate and timely policy-enforcement and should never depend on rental property owners who are most often absent from their properties and unable to “catch” a smoker in the act. In the UCLA study, 82% of owners felt that enforcement was a barrier to imposing a smoke- free policy at their property. Most owners stated that enforcement by the local jurisdiction was critical to a successful smoke-free policy.
Lastly, it is extremely important that local governments educate both residents and owners about smoke-free policies and provide smokers with access to resources that help people quit smoking in order to aid in the compliance and enforcement process. The UCLA survey found that many owners were unaware if there was a no smoking provision in place in the local jurisdiction, and the same was true of renters as to whether any no-smoking policy imposed by their landlord or the jurisdiction in which they live covered their property.
As we start the New Year, and we all talk about our New Year’s resolutions, let’s propose a toast to our health and those of our friends, families, and residents. Maybe someday, we can look to a smoke- free world when it comes to our rental properties. It is important that all rental housing providers know the issues about smoking and smoke-free policies because that regulatory train is coming around the bend, and if you don’t speak up, the government will speak for you...make your opinions on smoke-free policies count.