California Apartment Association

Thanks to the California Apartment Association, a new ban on smoking in Foster City apartment communities will have little impact on landlords.

On a 3-2 vote, the City Council passed an anti-smoking ordinance June 2 that will prohibit the activity inside apartments and common areas. The ban includes e-cigarettes.

The city had originally decided to exclude apartments from its smoking prohibitions, but faced with mounting pressure from public health advocates and tenants, the council reconsidered its position.

CAA Tri-County immediately began months of negotiations with the city to minimize effects and eliminate liability for rental property owners.

Thanks to these efforts, the ordinance, which takes effect July 16,  ensures that landlords and property owners are not liable for a resident’s smoking as long as noticing and signage requirements are met.

Property owners are also not required to include any special smoking prohibition language in the lease agreements.

Further, CAA Tri-County secured a six-month phase-in period to provide adequate time for rental operators to update community policies, amend common-area rules and post signage.

Other provisions include the ability for property owners to designate a non-prohibited smoking area and reduction of buffer zones from 50 feet to 30 feet.

CAA Tri-County will be publishing a FAQ on the adopted ordinance in late summer 2014.