No Smoking
Allowed?
American Lung Association project promotes
smoke-free apartments
by DIAN KISER AND THERESA BOSCHERT
In an apartment where cigarettes are smoked, secondhand smoke can
cause permanent damage to rugs, drapes, and walls. Owners are all
too familiar with the yellow residue and permanent stains secondhand
smoke leaves on exposed surfaces. It is not uncommon for walls to
be sprayed with detergents and ammonia solutions to take out stains,
then painted with tow layers of paint to repair the discoloration.
The extra cost of cleaning and restoring apartments after smoking
tenants move out has convinced many owners that a smoke-free policy
would be advantageous.
Is preventing this kind of property destruction a legitimate business
interest? Does an apartment owner have the legal right to designate
all or part of an apartment building as smoke-free, include the
individual units? The answer is "yes."
According to attorney David Ezra of Orange County, "As a
general rule, property owners are permitted to impose restrictions
on their tenants unless those restrictions violate existing laws
or are discriminatory. A smoke-free policy is no different from
a no pet, no loud music, or any other policy that protects other
tenants' well-being or the landlords' property. Common law generally
affords the owner with right (and in some cases, obligation) to
protect other tenants and the owner's property."
BREATH, the California Smoke-Free Bars, Workplaces and communities
Program, is a project of the American Lung Association that receives
at least 10 calls per day week from members of the public inquiring
about smoke-free apartments, especially where and how to find them.
"We are not really surprised by these inquiries, " states
Theresa Boschert, Co-Director of BREATH. "After all , nearly
85 percent of Californians do not smoke. As a result, we are seeing
a growing market for smoke-free living."
To meet the emerging need, BREATH formed the California Smoke-Free
Housing Advisory Board and uses information and materials from its
partner organization in southern California, the Smoke-Free Apartment
Registry. The Advisory Board is make up of multi-unity housing owners
and managers, among others, who are exploring the options for smoke-free
multi-unit housing.
"We want apartment owners to know that it is their legal
right and their choice to make a portion or all of their units smoke-free
if the wish," says Dian Kiser, BREATH Co-Director. "Because
Californians are more and more conscious not only of the health,
but also the safety hazards of smoking in multi-unit housing, owners
are seeing how smoke-free living can provide a marketing edge as
well as reduce maintenance costs," says Kiser.
The project has developed a website www.breath-ala.org, which
contains numerous material, information, and fact sheet for owners,
managers, and builders regarding the benefits of smoke-free properties,
including sample policies and lease language. You can also reach
BREATH at (916) 739-8925.
Dian Kiser, PhD, CFRE (Certified Fund Raising Executive), and
Theresa Boschert, JD, are Co-Directors of BREATH, a statewide project
of the American Lung Association-East Bay. Collectively, Ms. Kiser
and Ms. Boschert have been involved in tobacco control issues for
the past 25 years. For more information, contact the authors at
breath@jps.net or visit the BREATH website, www.breath-ala.org.
(This article is provided as information only and should not be
considered legal advice or the opinion of RHA)
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