BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 332|
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                                 THIRD READING


          Bill No:  SB 332
          Author:   Padilla (D)
          Amended:  5/3/11
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  4-1, 4/26/11
          AYES:  Evans, Harman, Corbett, Leno
          NOES:  Blakeslee


           SUBJECT  :    Smoking:  rental dwellings

           SOURCE  :     Author


           DIGEST  :    This bill codifies the ability of a residential 
          landlord to prohibit smoking on the property or in any 
          building or portion of the building, including any dwelling 
          unit.  This bill requires every lease entered into on or 
          after January 1, 2012 for residential real property where 
          the landlord has prohibited smoking to include a provision 
          specifying the areas where smoking is prohibited.  For 
          leases entered into prior to January 1, 2012, a prohibition 
          against smoking on any portion of the property in which 
          smoking was previously permitted shall constitute a change 
          of terms of tenancy requiring adequate notice, as 
          specified.  This bill states that a landlord who exercises 
          the above authority shall be subject to state and local 
          notice requirements governing changes to the terms of 
          rental agreements that are in existence at the time the 
          policy is adopted.

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           ANALYSIS  :    Existing law regulates the terms and 
          conditions of residential tenancies, and generally requires 
          landlords to keep the rental units in a condition fit for 
          occupancy.  (Civil Code ÝCIV] Section 1940 et seq)

          Existing law creates an implied covenant of quiet enjoyment 
          in every lease, requiring that the tenant shall not be 
          disturbed in his or her possession by the landlord. (CIV 
          Section 1927;  Pierce v. Nash  (1954) 126 Cal.App.2d 606, 
          612)

          Existing law authorizes the creation of anti-tobacco use 
          programs for school-age populations and prohibits any 
          person from smoking a cigarette, cigar, or other 
          tobacco-related product, or from disposing of cigarette 
          butts, cigar butts, or any other tobacco-related waste, 
          within a playground.

          This bill provides that, notwithstanding any other 
          provision of law, a landlord of a residential unit may 
          prohibit the smoking of a cigarette, or other tobacco 
          product 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, 
          as specified.

          This bill requires every lease or rental agreement entered 
          into on or after January 1, 2012, for a residential unit on 
          a property where the landlord has prohibited the smoking of 
          cigarettes or other tobacco products to include a provision 
          that specifies the areas where smoking is prohibited.

          This bill provides that a lease or rental agreement entered 
          into before January 1, 2012, a prohibition against the 
          smoking of cigarettes and other tobacco products in any 
          property of the property in which smoking was previously 
          permitted shall constitute a change of the terms of 
          tenancy, requiring adequate notice in writing, as 
          specified.

          This bill states that a landlord who exercises the 
          authority provided above to prohibit smoking shall be 
          subject to state and local notice requirements governing 
          changes to the terms of a rental agreement for tenants with 







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          rental agreements that are in existence at the time that 
          the policy prohibiting smoking is adopted.

          This bill includes numerous findings and declarations 
          regarding the dangers of being exposed to secondhand smoke.

          This bill provides that the provision of this bill shall 
          not be construed to preempt any local ordinance in effect 
          on or before January 1, 2012.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  5/3/11)

          Aging Services of California
          American Diabetes Association
          California Medical Association
          California Apartment Association

           ARGUMENTS IN SUPPORT :    According to the author:

            "Over 30 percent of California's housing are multiunit 
            residences, such as apartments and condos.  In this type 
            of housing, scientific studies show that secondhand smoke 
            can travel into and out of open windows and doors, shared 
            ventilation systems and walls, ceiling crawl spaces, and 
            gaps around electrical wiring, light fixtures, plumbing, 
            ductwork, and even baseboards. . . . 

            "Existing law requires the owner or landlord of rental 
            housing to maintain the rented area in a habitable 
            condition, including keeping the building and grounds at 
            the time of the commencement of the lease or rental 
            agreement, and all areas under control of the landlord, 
            clean, sanitary, and free from all accumulations of 
            debris, filth, rubbish, garbage, rodents, and vermin.  A 
            landlord may include terms in a rental agreement 
            pertaining to pets, noise, and other house rules, in 
            order to comply with these provisions.  These 
            responsibilities placed on owners of rental housing help 
            promote the health and safety of the tenants living on 
            the property.   








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            "ÝThis bill would] allow landlords of multiunit 
            residences to prohibit smoking cigarettes or other 
            tobacco products in or on the property."


          RJG:kc  5/3/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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