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Information Page #1
What is the Smokefree Apartment House Registry?
It is a public database of apartment
houses, condo and town house developments which are offered for
rent or lease where individual buildings, including all units,
are totally free of tobacco smoke. Multi-unit residential buildings
which feature one third of contiguous units as smokefree can
also be included.
It is also a database of owners and managers, who have voluntarily
adopted smokefree policies, sharing information about management
of smokefree buildings.
The Smokefree Apartment House Registry is a project of Smokefree
Air For Everyone (S.A.F.E.)
and Community Partners. The project is being undertaken in response
to community need. Surveys in Los Angeles and Ventura County
indicate that most apartment residents and potential residents
prefer the opportunity to reside in smokefree apartment buildings.
Smokefree Apartment houses and condominiums will be listed at
no cost on our web site: <smokefreeapartments.org>. When
vacancies occur, they will be indicated on the web site.
Does an Apartment Owner Have the Legal
Right to Designate All or Part of an Apartment Building as Smokefree?
According to Project Sentinel,
a rental housing mediation service in Sunnyvale, California,
and various other fair housing organizations, smokers are not
considered a category protected from discrimination under fair
housing laws. Therefore, a landlord can refuse to rent to persons
who smoke. "The legitimate arguments that an owner can use
are that smoking adds maintenance expenses and damages carpets,
drapes, and paint." (Los Angeles Times, March 2,
1997.)
In addition, in an opinion published September 23, 1999, the
office of the California Legislative Counsel affirmed: "Discrimination
against smokers by landlords serves legitimate business interests
by potentially reducing the risk of fire damage, and in turn,
reducing insurance and maintenance costs."
Can the Developer of a Condominium Complex
or Can a Condo Association Designate a Complex or Part of a Complex
as Smokefree?
There are no laws prohibiting condominium
developments from being designated smokefree.
Has There Been a Lawsuit? Is There a Precedent About the Legality
of Smokefree Buildings?
"To date, no court has specifically
upheld the landlord's right to limit his/her premises to nonsmokers
or to apply different rental terms and conditions (such as a
larger deposit) to smokers." (Project Sentinel, Los Angeles
Times, March 2, 1997.)
However, Project Sentinel concludes that "since smoking
is a habit and not an inherent status like gender or ethnicity,
it is doubtful that the law would protect smokers." (Los
Angeles Times, March 2, 1997.)
How Will the Smokefree Apartment House
Registry be Marketed to the Public?
Smokefree apartment houses and
condominiums will be listed at no cost on our web site: <smokefreeapartments.org>.
When vacancies occur, they will be indicated on the web site.
The web site will also be free to prospective tenants. In addition
the web site will be linked to other Smokefree Apartment House
Registries as they occur in California and the nation.
Solano County Health and Social Services Department has a Smokefree
Apartment House Registry. To view the Directory on their Web
Site, go to www.community.net/~tpep and click on the "Solano
County SmokeFree Rental Directory" icon. Their directory
is updated every three months.
The Orange County Health Care Agency is in process of creating
a Smokefree Apartment House Registry as is Ventura County.
The Registry will also be marketed to real estate professionals
and to voluntary health organizations such as the American Cancer
Society, the American Heart Association, and the American Lung
Association. It will also be marketed to health professionals,
community organizations, health care providers, senior citizen
centers, and government agencies such as health departments.
What is the Market for Smokefree Buildings?
In California, 82% of adults do
not smoke. Health conscious individuals and families will appreciate
smokefree buildings or buildings in which smoking is permitted
only in designated apartments and outdoor areas.
Over 80% of people who smoke say that they would like to quit
smoking. (Gallup Organization, 1991.)
According to the California Department of Health Services' Tobacco
Control Section, 84% of California adults believe environmental
tobacco smoke (ETS) causes lung cancer in a nonsmoker. Among
smokers, 88.3% feel that exposure to ETS is dangerous for the
health of babies and children.
Californians enjoy smokefree workplaces and public places. Our
experience indicates that when a California renter encounters
secondhand smoke drifting into his or her apartment from a nearby
unit, they are likely to seek safer housing.
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The Smokefree Apartment House
Registry is administered by S.A.F.E. (Smokefree Air For Everyone)
and Community Partners, Los Angeles. The Registry is made possible
by funds through the Proposition 99 Tax Initiative. |
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Page 1 |
What is the Smokefree Apartment
House Registry? |
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Page 2 |
Why Are Smokefree Apartment
Buildings Needed? |
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Page 3 |
What Laws Might be Applicable? |
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Page 4 |
Suggestions for Transitioning
to and Managing Smokefree Apartment Buildings |
 Comments? Questions? EMail Smokefree
Apartment House Registry
Created 06/19/02 - Updated 08.04.2004
- Built by Nightwatch
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