http://wehonews.com/z/wehonews/archive/page.php?articleID=6562
10 Oct. 2011
If you’re a smoker, start packing. Off to Nevada you go.
Last month Governor Brown signed Senate Bill 322, which targets smokers in rental properties throughout the State for eviction.
Introduced in February by State Senator, Alex Padilla, (D-Pacoima), the bill allows landlords to prohibit smoking or use of any tobacco products, apparently including smokeless tobacco, in their buildings.
While I have never been a smoker and I was grateful for the ban on smoking in restaurants, bars and airplanes, it just seems that we have reached a point where smokers have being demonized in a fashion that was previously reserved for homosexuals and pedophiles.
After January 1, landlords will be able to prohibit smoking not only in common areas, but in individual apartments. Smoking in your own home could result in a just cause eviction after the first of the year.
Constituted as California Civil Code Section 1947.5, the summary set forth by the State Assembly Judiciary Committee, states “the new law permits a residential landlord to prohibit smoking of a cigarette or any other tobacco product on the entirety of a rental property.
The prohibition would include individual dwelling units, all communal buildings, indoor and outdoor public spaces and any other public spaces and any other section of the property as specified by the landlord.”
What I found fascinating was that one of this bill’s leading supporters was Apartment Owners Association of California, a powerful landlord lobbying machine that does not have a history of concern for health issues and is clearly not looking out for the rights of tenants.
The fact that you are a current tenant does not protect your smoking rights.
The landlord can terminate your right to smoke in your unit upon sixty days written notice.
There is not appeal and you are not protected by the West Hollywood Rent Stabilization ordinance.
Apparently the City of West Hollywood was missing in action while this bill was being considered.
Although I recognize that the majority of our City Council members are rabid when it comes to the issue of smoking, thousands of West Hollywood renters who do smoke may soon find themselves exiled from our community.
As tenants in rent controlled buildings are aware, property owners are constantly on the lookout for ways of terminating the tenancies of long term tenants who have enjoyed the benefits of West Hollywood’s strict rent control.
What is egregious about this bill is that is designed to allow a landlord to selectively ban smoking in individual units. While your landlord can ban smoking in your unit, if you move or are evicted, the same unit can be rented to a smoker, albeit at a substantially increased rent.
As written, the law provides that a landlord can ban smoking in the entire building or any portion of a building, “including any dwelling unit.” The bill does not require a landlord to ban smoking in all units, just the units the property owner selects.
A landlord can evict one smoking tenant but not another. Thus tenants with low rents would be at a huge risk while new tenants who are paying market rents are not likely to be evicted.
This law incentivizes tenant harassment. After giving notice, your apartment manager would simply testify that he saw you smoking in your unit and you are out. SB 332 will wreak havoc in West Hollywood.
The City of West Hollywood has a professional lobbyist on retainer, who constantly alerts the City Council as to any bill that relates to landlord/tenant issues.
Apparently the City of West Hollywood did not take a position on this bill. Our Assembly member, Mike Feuer chairs the Assembly Judiciary Committee. According to the staffer I spoke with in his office, the City of West Hollywood never contacted his office regarding this bill.
Had the City of West Hollywood been involved in the legislative process, the bill could have been cleaned up so it not have resulted in a law that seems specifically crafted to assist landlords to selectively evict tenants.
At every election our incumbent Council members religiously recite the “tenants’ rights” catechism. They sanctimoniously pledge that no one is working harder to protect West Hollywood’s tenants.
We know this is largely a crock, as the Heilman/Land clique have been the biggest cheerleaders and enablers of the demolition of rent controlled housing to make way for luxury condos.
Nonetheless, you would expect that State legislation that may impact thousands of local residents would have warranted some public debate at the City Council level. By all evidence, it appears that the City simply has betrayed thousands of local residents.
I understand that smokers are not a protected class. They certainly are not a popular minority group. But at the risk of being politically incorrect, I would maintain that they are still human beings who need a place to live.
While this community celebrates alcohol and embraces the needs of meth addicts, virtually no sympathy is extended to those hooked on tobacco.
As a society, we demonize second hand smoke. Indeed in the SB 332’s legislative findings drafted by State Senator Padilla, statistics were quoted blaming second hand smoke for 49,000 deaths of non-smokers in the United States annually, including 3,400 from lung cancer and 46,000 by heart disease.
Now I don’t want to sound like some Republican doubting the science behind global warming, but how do accurately come to a figure of 46,000 deaths by heart disease caused by second hand smoke? Americans die of heart disease because of all the hormone laden red meat we eat, our junk food diets, the stress of our jobs and our disgraceful lack of exercise.
While I am not saying that second hand smoke is free of health hazards, 3,400 of lung cancer could simply be from breathing the air or by use of charcoal barbeques.
Heck, I live next to the MTA lot at San Vicente. My neighbors and I must second hand smoke the equivalent of two packs a day. I am in greater danger from riding my bike to work than I am from second hand smoke coming from my neighbor’s apartment.
As California has become increasing “progressive,” we have become increasing intolerant of the other guy’s faults.
I would ask all of the supporters of SB 332 if they would be willing to stop texting or using their hand held cell phones while driving. Thousands die because of our unhealthy addiction to our tech toys but no one is serious about penalizing their obvious misuse.
SB 332 does provide a potential escape clause if the City of West Hollywood is willing to act prior to January 1. The law does allow municipalities to “grandfather” the rights of current smoking tenants that would protect them from eviction under the new law.
At this point I would certainly encourage all of my smoking friends who rent in West Hollywood to kick the habit.
Alternatively, give up tobacco and switch to marijuana. At least marijuana smoking in your castle is still a protected activity in West Hollywood.