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Legislative NewsTwo New Laws for 2012 Allow Landlords to Ban Smoking in Rental Units and Mandates Recycling for Residents

Governor Brown has signed SB 332 (Padilla – Los Angeles), which specifically authorizes rental property owners to prohibit the smoking of a cigarette or other tobacco product by anyone on the property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it is located.

The new law requires that every lease or rental agreement entered into on or after January 1, 2012, for a residential dwelling unit on property in any portion of which the landlord has prohibited the smoking of cigarettes or other tobacco products must include a provision that specifies the areas on the property where smoking is prohibited, if the lessee has not previously occupied the dwelling unit.

For a lease or rental agreement entered into before January 1, 2012, a prohibition against the smoking of cigarettes or other tobacco products in any portion of the property in which smoking was previously permitted constitutes a change of the terms of tenancy, and the landlord must provide written notice to the affected tenants.

There are many local laws that prohibit individuals from smoking tobacco at public and private property. This state law does not preempt those local laws.

For more information and background on this subject, see CAA’s White Paper on Tobacco Smoking at Residential Rental Properties

Owners with Five or More Units Must Offer Recycling to Residents Beginning in 2012

This new law establishes the Renter’s Right to Recycle Act which, starting next year, requires rental property owners to arrange for recycling services that are appropriate and available for a multifamily building of five or more units. The owner is not required to arrange for recycling if, (1) there is inadequate space for recycling containers; (2) no solid waste enterprise providing recycling services serves the property; or (3) the cost of recycling services creates a financial hardship for the property owner, as defined. Nothing in the legislation is intended to interfere with or prevent the authority of a local jurisdiction from requiring recycling services for multifamily dwellings. Because many local jurisdictions have already passed recycling programs, this bill won’t change those programs.
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California Apartment Association
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