Apartment Smoking Laws In California

The california indoor clean air act of 1976i declares tobacco smoke as a health hazard for the general publicii section 118910 of the california health and safety code states the legislative intent as not to preempt the field of regulation of the smoking of tobacco the local governing body can completely ban or regulate the smoking of tobacco in a manner consistent with the laws. Californias statewide smoke free air laws about the laws california has long led the way in adopting strong and innovative smoke free air laws that protect people from secondhand smoke exposure.

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apartment smoking laws in california

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For future reference californias smoking law requires leases entered into on or after january 2012 to include the landlords smoking policy if the landlord has one.

Apartment smoking laws in california. These laws protect californians at most workplaces and in spaces often frequented by children and youth. The right to smoke. Conflicting marijuana laws at the federal state and local levels have created uncharted legal territory across numerous areas of law including landlord tenant law.

It turns out smokers have few if any rights with regard to smoking restrictions in multi unit housing. Because california and federal laws conflict tenants should consult with an experienced tenant rights attorney if they have any questions about marijuana use in their apartment. If you want to know about other state law restrictions such as workplace smoking laws in california check the employment section of the nolo site which includes state specific rules on workplace smoking laws.

These issues provide an incentive for many landlords and even local governments to create restrictions on smoking in multi unit buildings. If you live in public housing or university housing you are more likely to have laws that restrict or prohibit smoking in your apartment or common areas. Apartment smoking bans now are considered a good business decision the california apartment association supports smoke free housing and is helping landlords make that a reality.

This article addresses whether a landlord can legally and successfully evict a tenant for smoking marijuana. Restrictions arent even necessarily limited to rental properties. Is it discriminatory under the ada or the feha for a landlord to prohibit a tenant from smoking medical marijuana cannabis weed pot.

64 marijuana legalization initiative on the california ballot on november 8 th is not a carte blanche total permission for the use of marijuana wherever and whenever people desire and decide to use it. The american nonsmokers rights foundation keeps tabs on current anti smoking laws and you can always run an internet search about smoking in your city to see what is or is not allowed where you live. Many california cities such as fresno and pleasanton and large counties such as los angeles county and san diego county have adopted smoke free policies for public housing.

Landlords who use well designed no smoking clauses similarly prohibit any type of smoking even when the smoking is done for medical reasons. Just how protected are a pot smoking tenants rights. Regulating marijuana use in apartments by esther schiller january 5 2017 september 26 2017 power property management the passage of prop.

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