Don’t make landlords the ‘Smoking Police’

No one likes secondhand smoke. But is it really a good idea to turn landlords into the “smoking police” in apartment buildings?

The Carlsbad City Council seems to think so with their recent vote to ban all types of smoking inside and outside multi-unit apartment and con­do buildings. While this might seem like a step towards health­ier living environments, it is a misguided decision that fails to address this complex issue and creates a host of new problems.

First, this ordinance would force landlords to take on a City enforcement role, cracking down on any use of tobacco and cannabis – both legal in Califor­nia – in private homes. That’s impractical and unfair.

Second, it’s a legal minefield for landlords, who could face lawsuits from tenants or third parties claiming insufficient en­forcement or wrongful eviction due to smoking violations.

There’s a better way to ad­dress smoking that bothers a smoker’s neighbors, and it’s already happening through rental agreements at voluntari­ly smoke-free properties. After all, most apartment properties have already banned smoking because of market demand – an increasing number of people want to live in smoke-free envi­ronments. This trend has been in place for over a decade, sup­ported by resources and guide­lines from industry associations like the Southern California Rental Housing Association (SCRHA) and legislation such as California’s Senate Bill 332.

The notion that a local ordi­nance will somehow prevent smoking more effectively than existing policies is flawed.

Advocates for multifamily smoking bans often overlook the fact that cities and counties that pass these laws do little to nothing to enforce them. The police will not respond to smok­ing complaints, and the onus falls completely on the housing provider to enforce the law. It is very challenging to enforce a smoking ban within multi-unit housing. Even with explicit rules in the rental agreement, supported by state law, humans will still be humans and skirt the rules.

Additionally, there is the delicate balance that applies to medical marijuana smokers, where housing providers must balance lease violations with reasonable accommodations.

Sadly, the Carlsbad City Council’s action will likely lead to more evictions. The process for dealing with tenants who violate smoking bans remains complicated. Evicting a tenant for smoking is a long and diffi­cult process that can take many months.

Renters also need to under­stand that apartment owners and managers might be doing all they can to prevent smoking or remove a smoker, but this is balanced with tenant protection laws and due process rights.

With all the efforts underway throughout the region and state to prevent displacement, keep people housed, and prevent homelessness, is forcing people out of their homes due to smok­ing the best path forward?

There are steps many housing providers already take to stop smoking at their properties, and it starts with the rental agree­ment and the choice by a renter to seek out a nonsmoking mul­tifamily property. “No Smoking” signs on the property can help. Our Association can provide best practices to help property owners and managers transi­tion properties to non-smoking.

Again, landlords should not be forced to become the smok­ing police. The complexities and enforcement challenges make it clear that voluntary policies, supported by clear guidelines and market demand, are the most effective way forward.

Alan Pentico, CAE, is the Executive Director of the Southern California Rental Housing Association.