City of San Fernando Adopts Smoke-Free Housing Ordinance
New Requirements Imposed Upon Owners of Rental Property
At the June 6th San Fernando City Council meeting, the Council adopted an ordinance prohibiting smoking in multi-unit housing for all new construction and for new leases with a phasing-in period for existing units. The ordinance goes into effect on July 7, 2022 and applies to multi-unit housing within the City with two or more units.
Below is a brief summary of the ordinance requirements, we encourage members with property in the City of San Fernando to review the full details of the ordinance.
Ordinance Applicability
The ordinance applies to multi-unit housing which is defined as “a residential property containing two or more units, including but not limited to, apartment buildings, common interest developments, senior and assisted living facilities, and long-term health care facilities.”
Smoking Prohibition – Phased-In
As of July 7, 2022, smoking is prohibited in multi-unit housing in all newly constructed units and existing units when there is a new lease, and the prohibition extends to the unit’s associated outdoor, unenclosed areas such as private balconies, decks, porches, or patios. After two years, smoking will be prohibited anywhere on the premises of multi-unit housing: in all multi-unit housing units including any associated outdoor areas such as patios, balconies and decks and all common areas with the exclusion of a designated smoking area. The ordinance specifies the parameters of a designated smoking area.
For the first five years until July 7, 2027, smoking is permitted inside of a detached unit. However, smoking is not permitted in any outdoor exclusive-use unenclosed areas connected to the detached unit such as the balcony, deck, or patio.
Lease Language Requirements
The ordinance provides specific language that must be included after July 7, 2022, in all new, renewed, or continued month to month leases. This language specifies that it is “a material breach of the agreement to smoke or to allow smoking in designated non-smoking areas and units….” Please refer to the ordinance for the full lease language.
Notice Requirements
On or before July 7, 2022, rental housing providers are required to provide all renters in each new or existing unit, as applicable, with a copy of the ordinance and written notice regarding the ordinance provisions as set forth in the ordinance. In addition, as of July 7, 2022, written notice must also be provided to prospective renters relative to the ordinance provisions.
The ordinance also specifies that rental housing providers with knowledge of any violations should take “reasonable steps to investigate and enforce the regulations including a written notice to the resident of the landlord’s knowledge of the violation, a request to cease the violation, and the course of action to be taken if the violation is not corrected". Rental housing providers are also directed to provide City and County nicotine dependance resource information. A copy of the ordinance along with nicotine dependence resource information will be made available to members on the Apartment Association of Greater Los Angeles “Forms Library” at www.aagla.org/rental-forms.
Posting No Smoking Signs
As of July 7, 2024, rental property owners must post and maintain clear and unambiguous “No-Smoking” signs at entrances, exits, in common areas, and in conspicuous places adjoining the property grounds. There must be a sufficient number of signs in multiple locations to make it clear that smoking is prohibited in all units. “No Smoking” signage is available for purchase from the Apartment Association of Greater Los Angeles at www.aagla.org/shop.
Penalties/Enforcement
The City Manager or his/her designee is primarily responsible for enforcement with violations subject to administrative citations and related fines.
More information regarding the ordinance will also be available on the City’s Community Development webpage at SFCITY.ORG/Community-Development.
This article is for informational purposes only. If you have any questions regarding your property or specific tenancies and the requirements of any local law changes described herein, please consult with an attorney.