Garin Hussenjian HI, Thank you for the this notice. Smoking is and has been a problem for the real estate community to contend with through the years.
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- Doris Hodge
- 5 years ago
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1 Regulating From: Sent: To: Subject: Kevin Kearney Tuesday, April 11,2017 1:52 PM FW: Health and Safety Commission Update - Smoking in Multi-Unit Housing From: Martin Geimer Sent: Saturday, April 08, :37 PM To: Cc: Pamela Mottice-Muller; Kevin Kearney Subject: Re: Health and Safety Commission Update - Regulating Smoking in Multi-Unit Housing HI, Thank you for the this notice. Smoking is and has been a problem for the real estate community to contend with through the years. I. Single family homes should be left alone at this time. 2. Condominiums being owned units are again difficult to regulate. This should be undertaken by the HOA s themselves. 3. 2, 3, and 4 unit buildings will be difficult if the owner occupies one of the units and smokes. Most owners don t smoke and might go along with it voluntarily if approached properly. Owners are considerate of nonsmoking tenants and concerned with the added expense of the clean up. A city mandated regulation on smoking would help them in keeping smokers out. 4. Multi family units of 5 or more might be easier to gain acceptance as it deals with multiple adult tenants and children. There will always be a majority of nonsmoking tenants than smokers. 5. Hotels police themselves with rooms reserved for smoking and seems to work nicely. Trying to take on a new hotel with owned units recently approved and endorsed by the Chamber might be a mountainous unattainable task. They are well funded passing along needed millions in TOT. My suggestion would be to take this in parts starting with number 4. Next work an educational program gaining support from the HOA S and owners of 2, 3, and 4 unit buildings. Leave the hotels alone. This is one persons opinion take it for what s it s worth. Marty 1
2 Compass Gold Properties Inc Santa Monica Blvd. Suite 881 Beverly Hills, CA President 2013 Beverly Hills Greater Los Angeles Assoc. Realtors. CPR of Beverly Hills Past President Greystone Foundation Past President Beverly Hills Historical Society, Past President Beverly Hills Recreation & Parks Commissioner, Past Chair Martin Geimer Broker/C EQ 2
3 Regulating From: Mariella Salvatori < Sent: Wednesday, April 19, :19 PM To: Cc: Pamela Mottice-Muller; Kevin Kearney Subject: Re: Health and Safety Commission Update - Smoking in Multi-Unit Housing Good morning, I live at the apartments located at 320 N Palm Dt- Beverly Hills and for the last couple of years I have been living with the constant smell of cigarette smoke wafting through my apartment. My neighbors below me and directly to my left and myself (amongst other units) share a common courtyard which were our balconies are located. My neighbor s are constantly smoking and my apartment has an overwhelming smell of smoke. I am not one to complain, but I have had cancer numerous times-just recently I had surgery for thyroid cancer and the smell of smoke has greatly affected my health and I need a resolution. I do not find it fair or courteous of my neighbors to smoke in common areas that affect their neighbors. With the recent moves that Beverly I tills has taken to better our community and the health of its residents I would like to find a solution that allows for everyone to enjoy their home and living situation. I would like to propose that smoking should not he allowed in common areas and that if they so wish to smoke that these tenants smoke in their own units and not taint their neighbors air space. Best. Mariella Salvatori On Apr 6, 2017, at 3:53 PM, <ghussenjian(bever1yhi1ls.org> wrote: Thank you for your interest in the Health and Safety Commission s discussion on regulating smoking in multi-unit housing within the City of Beverly Hills. Your input has been and continues to be a helpful part of the dialogue on this topic. We would like to inform you that we will be holding a Special Meeting to discuss this topic on Monday, May 1st, at 4:00pm in City Hall, Room 280A. Regards, Garin Executive Assistant I Policy & Management City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA P: (310) g h usse n beverly hi I Is org 1
4 Garin Hussenjian Beverly Hills Manager Sent: Tuesday, March 28, :17 AM To: Cc: Pamela Mottice-Muller; Kevin Kearney; Lital Gilad-Shaoulian Subject: RE: Health and Safety Commission Update - Regulating Smoking in Multi-Unit Housing Attachments: No Smoking.docx; SMOKE_FREEADDENDUM.pdf Dear Mr. Hussenjian and members of the Health and Safety Commission, I too was unable to attend the meeting yesterday but would like to add my input as the resident manager of two apartment buildings in Beverly Hills. They are located at 404 N. Maple Dr. and Elm Dr. We have strict No Smoking policies at both buildings, with Smoke Free Addenda attached to the leases, and signs posted about the property. With the exception of only two residents whose leases were in place prior to the policy being implemented, there has been cooperation at the property until the recent recreational marijuana law was enacted in California. The two residents referenced above who are allowed to smoke respectfully limit their use of tobacco to the inside of their units and we have never received complaints about them from other residents. Unfortunately, in recent months I have received numerous complaints from residents in both buildings about marijuana smoke in and around the property. Consequently I provided the attached notice which asks for a copy of a doctor s prescription for the use of medical marijuana. Legal counsel advised me that we could do this, based on our existing No Smoking policy regarding second hand smoke, since we are required to make an exception in the case of medical need. To date I have only received two responses with copies of prescriptions. My concerns are two-fold. Both concern the implementation of the policy by Management. Where I am directly aware of a resident who is violating the policy I can contact take action to enforce the policy. In most cases, however, it is difficult to determine the source of the second hand smoke or even whether it is coming from our building or from an adjacent building. Many residents enjoy keeping their windows or sliding doors open and the smoke becomes a problem, as in the case of Mrs. Gilad-Shaoulian. In those cases, calling the police seems to be the best option, even though it might be difficult for the responding officers to determine the source. Enforcement cannot be limited to Management alone. The second issue may need to be answered by legal counsel. I would like to be able to require any resident who has a medical need for Cannabis to use a delivery method other than smoking, to avoid the second hand smoke. There are many such methods, such as edibles, oils and vape pens. I wonder whether the Commission has considered this to be a viable option and/or requirement. Thank you very much for considering my concerns. I hope that this may be read at the next meeting, disseminated to all members of the Commission, and/or placed into the record. Sincerely, H3pe Resident Manager Standard Management Company 404 N. Maple Drive, Unit 309 Beverly Hills, CA Ji?c 1 p. i/ij
5 PDear Maple and Elm residents, Please be reminded that there is a No Smoking policy at both buildings. The only exception is inside an apartment where a valid doctor s prescription for medical marijuana has been provided to management. In those cases the smoke must be contained within the unit so that second hand smoke is not detectable outside the apartment. This means no smoking on patios or balconies, as well close to an open window or door. Smoking is not allowed in any common areas of the building, including the roof, garage, hallways, lobby or any other area where second hand smoke may bother other residents. At Park Maple in particular, smoking on the roof is strictly prohibited. The second hand smoke has become an issue in both buildings. Many people are sensitive to second hand smoke so please be courteous of others if you are one of the few residents permitted to use marijuana. Today at Park Maple, Raul and I detected cigarette smoke in the elevator and less than an hour later there was marijuana smoke. This simply cannot continue. Thank you for your cooperation. Jane Hope Resident Manager Standard Management Company P6. z/
6 Las Lone Garden SMOKE FREE ADDENDUM TO RENTAL AGREEMENT I LEASE THIS AGREEMENT made and entered into between: Owner/Agent and, Resident who Rents the premises from Owner/Agent located at: (Street Address,) Unit# ftfapplicable) (City) (Zip) Tenant and all members of Tenant s family or household are parties to a tvritten lease with Landlord (the Lease). This Addendum states the following additional terms, conditions and rules which is incorporated into the Lease. 1. Purpose of Addendum: The parties desire to mitigate (1) the irritation and known health effects of secondhand smoke; (ii) the increased maintenance, cleaning, and redecorating costs from smoking; (iii) the increased risk of fire from smoking; and (iv) the higher costs of fire insurance for a non-smoke-free building; 2. Smoke-free Premises: Tenant agrees and acknowledges that the premises to be occupied by Tenant and members of Tenant s household have been designated as a smoke-free living environment. Tenant and members of Tenant s household shall not smoke anywhere in the unit rented by Tenant, or the building where the Tenant s dwelling is located or in any of the common areas or adjoining grounds of such building or other parts of the rental community, nor shall Tenant permit any guests or visitors under the control of Tenant to do so. Should Landlord authorize smoking on the premises, the designated areas to do so, are indicated below. Select one: 0 Smoking of tobacco products is prohibited on the entire property, including individual units, common areas, evety building and adjoining properties. 0 Smoking of tobacco products is prohibited on the entire property except the following designated areas: This Addendum applies to the smoking of marijuana and other products as well as tobacco. Initial Initial 3. Tenant to Promote No-Smoking Policy: Tenant shall inform Tenant s guests of the no-smoking policy. Further, Tenant shall promptly give Landlord a tvritten statement of any incident where tobacco smoke is migrating or drifting into the Tenant s unit from sources outside of the Tenant s apartment unit. 4. Owner/Agent Not Guarantor of Smoke-Free Environment: Tenant acknowledges that Landlord s adoption of a smoke-free living environment, and the efforts to designate the rental complex/property as smoke-free, do not make the Landlord or any of its managing agents the guarantor of Tenant s health or of the smoke-free condition of the Tenant s unit and the common areas. However, Landlord shall take reasonable steps to enforce the smoke-free terms of its leases and to make the complex smoke-free. Landlord is not required to take steps in response to smoking unless Landlord knows of said smoking or has been given written notice of said smoking. (n AOA Form N 198 ( Copnght Apartment Owners Association of California, Inc San Fernando Valley ( n6eies i523)93 -OflI I - Beach 562) Grose ( flea - San Dteii (619(28(14007 Pc;- 3/ %
7 Los Cop)right Long 5. Other Tenants are Third-Party Beneficiaries of Tenant s Agreement. Landlord and Resident agree that the other Tenants at the complex are the third-party beneficiaries this Addendum. Therefore, Tenant s commitments in this Addendum are made to the other Tenants as well as to Landlord. A Tenant may sue another Tenant for an injunction to prohibit smoking or for damages, but does not have the right to evict another Tenant. Any suit between Tenants herein shall not create a presumption that the Landlord breached this Addendum. 6. Effect of Breach and Right to Terminate Lease: A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease. A material breach of this Addendum shall be a material breach of the lease and grounds for immediate termination of the Lease by the Landlord. 7. Disclaimer by Landlord: Tenant acknowledges that Landlord s adoption of a smoke free living environment, and the efforts to designate the rental complex as smoke-free, does not in any way change the standard of care that the Landlord or managing agent would have to a Tenant household to render buildings and premises designated as smoke free any safer, more habitable, or improved in terms of air quality standards than any other rental premises. Landlord specifically disclaims any implied or express warranties that the building, common areas, or Tenant s premises will have any higher or improved air quality standards than any other rental property. Landlord cannot and does not warranty or promise that the rental premises or common areas will be free from secondhand smoke. Tenant acknowledges that Landlord s ability to police, monitor, or enforce the agreements of this Addendum is dependent in significant part on voluntary compliance by Tenant and Tenant s guests. Tenants with respiratory ailments, allergies, or any other physical or mental condition relating to smoke are put on notice that Landlord does not assume any higher duty of care to enforce this Addendum than any other landlord obligation under the Lease. 8. Effect on Current Tenants: Tenant acknowledges that current tenants residing in the complex under a prior lease will not be immediately subject to the No-smoking Policy. As current tenants move out, or enter into new leases, the smoke-free policy will become effective for their unit or new lease. A breach of this Lease Addendum shall give each party all the rights contained herein, as well as the rights in the Lease. The undersigned Resident(s) acknowledges having read and understood the foregoing, and receipt of an original copy. Resident Date Resident Date Owner/Agent Date AOA Form No l JS LOS.06) Apartment Owners Asoc,otion of California. no San Fernando Volley 818) Angeles L523)93-SSl I. Beach (562) Garden Grove 1714l i San Dieeo (6l9)280-7O0
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