Santa Monica: Smoking ban in new multi-unit residences to take effect

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Posted November 15, 2012 by The Argonaut in News
Starting after Thanksgiving, smoking will be prohibited in all new multi-unit residential properties in Santa Monica.
Under the expanded smoking ban approved by the City Council, all newly constructed multi-unit apartment buildings and condominiums as well as existing units that become vacant will be
declared non-smoking.
The law additionally requires residents living in apartment and condo complexes to designate their home as either smoking or non-smoking. Those who fail to designate would automatically have their unit deemed non-smoking.
Before Jan. 21, all landlords and condo homeowners associations are required to begin a survey of current occupants, who must designate their units as either “smoking” or “non-smoking.”
The records of all units’ smoking status will be kept by landlords, who will disclose that information to current and prospective tenants. Anyone with a medical marijuana card who wishes to continue smoking inside their unit will also have to declare smoking status.
Existing Santa Monica law already bans smoking in residential outdoor and indoor common areas, including balconies and patios and any area within 25 feet of any door, window or vent.
City officials expect that most complaints will be handled through communication between tenants. Continued violators may be taken to small claims court and could be liable to pay damages starting at $100.
Tenants cannot be evicted for violating the law, but they can face possible eviction if the lease prohibits smoking, officials said.

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