Some want smoking banned in apartments
First it was beaches and parks, then most outdoor areas, now the City Council is considering regulating smoking in multi-unit residences.
In doing so Santa Monica would join a handful of California cities that have restricted smoking in apartments, including in some cases, condominiums.
The council last month directed the City Attorney’s Office to begin drafting an ordinance that would ban smoking in all outdoor common areas in multi-residential buildings, defined as locations where more than one tenant is allowed to congregate.
While the ordinance has yet to be constructed, the City Attorney’s Office held a public meeting on Thursday to gauge residents’ and property owners’ reaction to such a suggestion, the majority of those in attendance expressing interest in cigarette smoke being blown away for good.
330,“We are not here to advocate for anything,” Adam Radinsky, the head of the Consumer Protection Unit with the City Attorney’s Office, said. “We are here to get your opinions.”
Smoking is currently illegal anywhere within 20 feet of public entrances, exits, and windows in Santa Monica. The outdoor smoking ban, which went into effect on Thanksgiving Day 2006, encompasses outdoor areas of assembly, such as the Third Street Promenade, Farmers’ Markets, outdoor dining areas, bus stops and ATM lines.
While the majority of people at the meeting appeared to favor some sort of restriction in apartments and condos, some pointing to health problems developed as a result of second-hand cigarette smoke, there were concerns in how the ordinance would be enforced and whether it would open the door for easy evictions.
357,“If you write an ordinance that does not have teeth in it, then you’re wasting time and not achieving the goals,” Bill Dawson, the vice president of the Apartment Association of Greater Los Angeles, said.
Dawson, whose management company represents several properties in Santa Monica, also said the ordinance might lead to strained relations between residents, causing tenant versus tenant issues.
Among the rules considered for the ordinance is a requirement that landlords disclose to future residents whether smoking has occurred in the unit. Several landlords questioned who would be responsible for tracking such information, whether it would fall on the Rent Control Office or the landlords themselves.
Dawson said he feared that if a landlord unintentionally gives mistaken information on the unit, it would leave the door open for litigation.
691,“I don’t want to be a smoking police,” he said.
“I don’t want to be a smoking police,” — he said
Another major issue raised during the meetings was the eviction process, some concerned that landlords would use smoking violations as a reason to get rid of rent controlled tenants.
The current smoking ban ordinance categorizes violations as infractions, with fines at $100. Radinsky said when it comes to smoking in apartments and condos, a breach could be considered along with other tenant violations.
Patricia Hoffman, one of the co-presidents of Santa Monicans for Renters’ Rights, said the political organization opposes any new grounds for eviction.
Several residents said that smoking, regardless of whether it’s in common areas or in units, can travel to their homes. One woman said she has spent hundreds of dollars on filters because a woman living one floor below is a smoker.
Michelle Matisse, a Santa Monica apartment tenant, suggested that smoking also be banned within 20 feet of all common areas.
“I would like to see all tenants protected, but this is going to be a slow process,” Matisse said. “There should be protection for people against second-hand smoke.”
Paul Scott, the president of a condo association in Santa Monica, said smoking has become an issue in his building, suggesting that the ordinance be applicable to both condos and apartments.
“We’re tired of them infringing on our right to clean air,” he said.
Jump hedline: Smoking could be banned in apartments
Suggested pullquote: “If you write an ordinance that does not have teeth in it, then you’re wasting time and not achieving the goals.”
Originally published in the Santa Monica Daily Press print edition on May 30, 2008. Read the original PDF.