Highlights from the Opinion of the Legislative Counsel of California
on Secondhand Smoke in Multi-Unit Housing (Apartments &
Condos) September 23, 1999.
Smoking Bans: Residential Rental Property - #21547
" A local ordinance that authorizes residential rental
agreements to include a prohibition on, or the allowance of
smoking tobacco products within the rental unit would not be
prohibited by state law."
"Discrimination against smokers by landlords serves legitimate
business interests by potentially reducing the risk of fire
damage, and, in turn, reducing insurance and maintenance costs.
Based on these factors, we think that a court would find that
smokers are not a protected class under the California Fair
Employment and Housing Act."
"We have found no cases where the smoking addiction itself,
has been found to be a 'disability' for purpose of any law.
Illegal drug addiction and alcoholism are protected disabilities
under the Americans With Disabilities Act."
"6404.5 of the Labor Code applies to the common areas
of an apartment or condo complex if those are enclosed and are
places of employment."
"There is no exemption from the smoking prohibition for
an enclosed place of employment that is a common area. Employees
do not have to be present at all times."
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