New Smoke-Free Multi-Unit Housing Ordinance
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2 BEVERLY New Smoke-Free Multi-Unit Housing Ordinance In order to promote healthy living and reduce unwanted exposure to secondhand smoke, the City Council has adopted a Smoke-Free Multi-Unit Housing Ordinance that will prohibit smoking in multi-family residences. On January 1, 2018, 5moking will be prohibited in indoor and outdoor common areas and in all newly-leased rental units. On January 1, 2019, smoking will be prohibited in all multi-family units, including all renter-occupied and owner-occupied units. Property managers such as landlords and homeowners associations have additional requirements. for more information about this ordinance and other smoking regulations, please visit beverlyhills.org/smoking or call (310) City of Beverly Hills 455 N. Rexford Once Beved Hills, CA PRSRT STO U.S Postage PAID Permit #31050 Los Angeles. CA
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4 reg ulations, please visit beverlyhills.org/smoking or call (310) For more information about this ordinance and other smoking associations have additional requirements. Property managers such as landlords and homeowners units, including all renter-occupied and owner-occupied units. On January 1, 2019, smoking will be prohibited in all multi-family outdoor common areas and in all newly-leased rental units. On January 1, 2018, smoking will be prohibited in indoor and Housing Ordinance that will prohibit smoking in multi-family residences. secondhand smoke, the City Council has adopted a Smoke-Free Multi-Unit In order to promote healthy living and reduce unwanted exposure to.- Multi-Unit Housing Ordinance New Smo e-free
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6 - City of Beverly Hills 455 N. Rexfaid Drive? Beverly Hills,CA O 0 - New Smoke-Free Multi-Unit Housing Ordinance, City of Beverly Hills 455 N. Rexford Drive Beverly Hills, (A (S)2] 0 New Smoke-Free Multi-Unit Housing Ordinance 9 1O City of Beverly HIk 455 N Revford Drive Beverly Hilk, CA NEW SMOKE-FREE MULTI-UNIT HOUSING ORDINANCE
7 City of Beverly Hills 455 N. Rexlord Drive Beverlyllills, CA O New Smoke-Free Multi-Unit Housing Ordinance J/ City of Beverly HiHs 455 N. Rexford Drive Beverly Hills, CA 90210
8 RE: NEW SMOKE-FREE MULTI-UNIT HOUSING ORDINANCE Dear Residents and Property Managers, On October 3, 2017, the City Council adopted a Smoke-Free Multi-Unit Housing Ordinance that prohibits smoking in multi-family residences. The City s intent is to provide for the public s health, safety, and welfare by discouraging the inherently dangerous activity of smoking around non-consenting individuals and protecting the public from nonconsensual exposure to secondhand smoke in their homes. The new law applies to all multi-unit properties in the city, including duplexes, condominiums and apartments. Starting January 1, 2018, smoking will be prohibited in all newly leased/extended multi-unit rental dwellings and associated exclusive use areas such as balconies, patios and decks. Additionally, smoking will be prohibited in all indoor and outdoor common areas such as hallways, pathways, lobbies, community rooms and laundry facilities. f Effective January 1, 2019, smoking will be prohibited in all multi-unit dwellings, including rental and owner-occupied dwellings. Landlords and homeowners associations have specific requirements to achieve compliance. Those include the following summarized below Removal of ash trays or similar receptacles used primarily for smoking waste Posting of no smoking signage Distribution of written notice to tenants/owners regarding smoking restrictions prior to January 1, 2018 Inclusion of language prohibiting smoking in all new leases or extended/renewed leases starting January 1, 2018 For more information regarding this new ordinance, please see the frequently asked questions pages included with this letter, visit or call (310) City of Beverly Hills 455 N. Rexford Drive, Beverly Hills, California p (310) BeverlyHills.org
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10 1 smoke. California Health and Safety Code prohibits the smoking of cannabis or cannabis products in a location where smoking tobacco is prohibited. What is considered a unit? A unit is any personal dwelling space in a multi-unit property. This includes any associated exclusive-use area, such as a private balcony, porch, deck, or patio. Do the no-smoking laws apply to_my place of residence? Smoke-Free Multi-Unit Housing Ordinance Frequently Asked Questions What are the Citys laws coveting smoking in multi-unit housing? If you live on a property with two or more units in Beverly Hills, the new laws likely apply to you and your unit. In summary, apartments, condominiums, townhouses, and duplexes all fall under the City s Smoke-Free Multi-Housing Ordinance. This includes planned developments, and stock cooperatives, and residential portions of mixed-used hotel! common interest development projects. The laws will not apply to single-family homes with accessory dwelling units. I liv in a mixed hotel/common interest development roject? Do the no-smoking laws apply to my residence? In short, startingjanuary 1, 2018 smoking is be prohibited in all areas of multi-unit properties in the city, including inside personal dwelling units. There is a transition period for units already occupied. Please see the questions and answers below for more information, Does the lawgo into effect all at once? No. There is a one-year transition period. Startingjanu1, 2018, smoking is prohibited in all common areas. Additionally smoking is prohibited in all rental units governed by a new lease or renewed/extended lease. This includes any monthto-month lease that is renewed. Starting January 1, 2019, smoking is prohibited in all units, this includes both rental units and owner-occupied units. Why does the City prohibit smoking in multi-unit housing? The City s intent is to provide for the public s health, safety, and welfare by protecting the public from nonconsensual exposure to secondhand smoke in and around their homes. What is considered a common area? A common area is every interior or exterior area that residents or owners of more than one unit are entitled to enter or use, including, for example, halls, paths, lobbies, courtyards, elevators, stairs, community rooms, recreation areas or rooms, playgrounds, gym facilities, swimming pools, jacuzzis, parking garages, parking lots, restrooms, laundry rooms, cooking areas, and eating areas. What is considered smoke/smoking? The smoking regulations apply to traditional tobacco smoke, electronic cigarettes/vaping devices, and marijuana Yes. A mixed hotel/common interest development is a comprised of both a hotel and common interest development, but only the residential portions. The 4 smoking laws do not apply to the buildings, portions of the buildings, or any other areas that are designated as part of the hotel including, but not limited to, hotel rooms, and common areas that are used by hotel patrons and guests. Where else is smoking prohibited in Beverly Hills? Within public right-of-way (sidewalks, streets, alleyways, etc.), unless actively travelling by On public school property In or within 20 feet of open air dining areas, unless actively travelling by In vehicles with minors In or within 20 feet of public buildings In enclosed spaces at places of employment At City parks and the Beverly Canon Gardens At farmers markets At public and private plazas At outdoor public events At outdoor service lines (ATM lines, ticket lines, etc.) In City-owned vehicles
11 On or before January 1,2018, landlords and homeowners Beverly Hills Municipal Code sections and , complies with the code requirements as set forth in As long as the a landlord or homeowners association representation of a burning cigarette enclosed in a red responsible for a resident s violation of the nosmoking regulations? circle crossed by a red bar). Such signs shall be maintained 2. Not permit the presence of ash trays, ash cans, or other b. Any unit that is governed by a lease that was entered into on or after January 1, 2018 is designated as a non into before January 1, 2018 will be designated as a non allow or engage in smoking on the property. of smoking waste within any common area. The landlord or homeowners association does not need to of a unit that is entered into, renewed, or amended on or afterjanuary 1, 2018, notifying the tenant that it is a 4. Include a provision in any new lease for the occupancy 3. Provide written notice to all residents stating that: by the landlord. letters of no less than one inch in height or contain the sufficient numbers and locations of the property to make it obvious to a reasonable person that smoking is O City s website at A sample letter to residents may be found on the c. Any unit that is governed by a lease that was entered beginning January 1, smoking unit. smoking unit when the lease is renewed or extended, d. That all units will become non-smoking beginning 1. Post clear and unambiguous No Smoking signs in in all common areas and units in the multi-unit residence. associations shall: prohibited throughout the property. The signs shall have international No Smoking symbol (consisting of a pictorial receptacles designed for, or primarily used for, the disposal Q a. Smoking is prohibited in all common areas of the January 1, on the City s website at beverlyhills.org/srnoking. Sample No-Smoking signage templates may be found or January 1, 2019, whichever is earlier. provide this written notice if smoking is already prohibited material breach of the lease or other rental agreement to O website at www. be verlyhills. org/smoking. Are landlords and homeowners associations Sample lease language may be found on the City s homeowners associations? What are the responsibilities of landlords and For additional information, please call (310) regulations. Who should I contact? I would like to report smoking activity at a multi-unit I have other questions about City smoking 0 Web: Phone; NO-BUTTS ( ) tobacco, please visit the California s Smoker s Helpline. materials, and online help in six languages. The helpline offers free telephone counseling, self-help For information on how to quit smoking or stop chewing I m interested in quitting smoking. Where can I go? text Beverly Hills Ambassadors at (424) To report outdoor smoking in these areas, please call or rilve. Who do I contact? down. wn business triangle or along South Beverly it.. ld like to report a smoking activity in the and 8:00 a.m. and 5:00 p.m. on Fridays at (310) the hours of 7:30 a.m. and 5:30 p.m. Monday - Thursday Beverly Hills Community Preservation Program between To report a smoking violation, please contact the City of residential property or elsewhere within the city. common areas without exception. Who do I contact? No. Beginning January 1, 2018, smoking is prohibited in all smoking areas at a multi-unit residential property? Can landlords and homeowners associations designate in the previous question. requirements for these two Code sections are outlined the smoking regulations while on the property. The as a result of an owner or any other person violating they shall not be criminally or civilly liable to any person
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13 As set forth in Beverly Hills Municipal Code sections and , landlords and homeowners associations of multi-unit properties in Beverly Hills must provide written notice to all residents regarding the City s smoking regulations. This must be provided prior to January 1, A landlord or homeowners association does not need to provide this written notice if smoking is already prohibited in all common areas and units. A sample notification letter is included on the next page and may be used to comply with the requirements set forth in the Municipal Code.
14 Dear Resident, RE: NEW SMOKE-FREE MULTI-UNIT HOUSING ORDINANCE Date Name Company Title Thank you, or by phone at phone number. Program between the hours of 7:30 a.m. and 5:30 p.m. Monday - 5:00 p.m. on Fridays at (310) report a smoking violation, please contact the City of Beverly Hills Community Preservation For more information regarding this new law, please visit To 2019, whichever is earlier. designated as a non-smoking unit. designated as a non-smoking unit when the lease is renewed or extended, or January 1, Any unit that is governed by a lease that was entered into on or after January 1, 201$ is beginning January 1, Smoking is prohibited in all common areas of this property beginning January 1, Any unit that is governed by a lease that was entered into before January 1, 201$ will be All units, including both renter and owner occupied units, will become non-smoking cannabis or cannabis products in a location where smoking tobacco is prohibited. devices, and marijuana smoke. California Health and Safety Code prohibits the smoking of The smoking regulations apply to traditional tobacco smoke, electronic cigarettes/vaping prohibits smoking in multi-family residences. On October 3, 2017, the City Council adopted a Smoke-Free Multi-Unit Housing Ordinance that Thursday If you have questions or concerns, please do not hesitate to contact me by at address and 8:00 a.m. and COMPANY LETTER HEAD
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16 H ILLS RE: SAMPLE LEASE CLAUSE PROHIBITING SMOKING IN MULTI-UNIT RESIDENCES in the Beverly Hills Municipal Code. 1), or to violate any law regulating smoking while anywhere on the property. City of Beverly Hills 455 N. Rexford Drive, Beverly Hills, California p (310) BeverlyHills.org invitation or permission of the tenant, to engage in smoking on the property, including in the unit and common areas (as those terms are defined in Beverly Hills Municipal Code section 5-4- this lease for the tenant, or any other person subject to the control of the tenant or present by that was entered into, renewed, or amended on or after January 1, It is a material breach of Beverly Hills Municipal Code sections and prohibit smoking in all common areas in a multi-unit residence and a common interest complex, and in all units governed by a lease The following language can be included in new teases and ft4fills landlord requirements as set forth BEVERLY
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