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Does smoking in a Multi-Unit residential apartment complex/Housing in Santa Monica, CA violate city's ordnance or other codes?

Santa Monica, CA |

Some neighbors who smoke in their homes have caused a few other elderly neighbors, with serious age-related health issues, NOT to have quiet enjoyment of their dwellings anymore. Smokes/fumes gets in their units through windows. They are now subjected to even more serious health hazards because of being subjected to second hand smoking.
Accordingly, they feel that this issue has interfered with their quiet enjoyment of their dwellings and is in violation of the implied warranty of habitability inherent with the leases they signed.

Is there any city's law/ordnance which they can use to have the management provide them a list of smoking units (residents) in the complex?

Can they ask the smoking in their neighbors' apartment(s) stop by making any reference to any city ordnance or law?

Attorney Answers 3

Posted

On or about November 12, 20112, Santa Monica passed a law with smoking rules effecting all multi-unit housing units in Santa Monica. I have attached a link to the City of Santa Monica handout RE New Smoking Law for Santa Monica Apartments and Condos

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Richard Todd Rosenstein

Richard Todd Rosenstein

Posted

*Correction: "November 12, 20112" = "November 22, 2012"

Posted

Does smoking in a multi-unit residential apartment complex or condominium in Santa Monica, CA, violate city's ordnance or other codes? The answer depends on when the person moved in. If they moved in before 11/22/2012, then they are allowed to smoke in their unit. People moving in after that date cannot smoke in their own home.

They apartment building owners and the condo owners associations were supposed to distribute final list of smoking units to all occupants by 5/21/2013.

If a person keeps smoking in a non-smoking unit after getting a written notice, the person may be taken to small claims court and is liable to pay damages starting at $100. Any person can enforce the law.

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Posted

Starting Jan 2013 (I think), smoking is not allowed in any rental unit in Santa Monica.
But, if the person lived in the unit before then and was allowed to smoke, then he is still allowed to smoke in his unit. The management can evict someone who smokes in a unit, but not if that person was allowed to smoke in the unit before Jan 2013.
Once that person moves out, the unit would have to be a non-smoking unit for any new tenant.
Whether you or your landlord can do anything depends on how long the smoker has been a tenant.

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