Smoke-Free Housing Legislation Approved by Senate Judiciary Committee

April 26, 2011    

                                                                                                                               

Smoke-Free Housing Legislation Approved by Senate Judiciary Committee

 

Sacramento – The Senate Judiciary Committee today approved Senate Bill 332.  The bill authored by Senator Alex Padilla (D-Pacoima) would expand the availability of smoke-free housing in California by allowing landlords to prohibit smoking in rental units. 

 

“While more than 86% of Californians do not smoke, there is very little smoke-free rental housing in California. With this bill we have an opportunity to expand the availability of smoke-free housing for families throughout our state,” said Senator Padilla.

 

“Living in an apartment should not compromise the health of renters or their children.  This bill will help landlords create healthier living environments for their tenants,” said Padilla.

 

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

 

According to the Centers for Disease Control and Prevention (CDC), secondhand smoke is responsible for an estimated 49,400 deaths among nonsmokers each year in the United States, including 3,400 lung cancer deaths and 46,000 deaths due to heart disease. Secondhand smoke exposure causes as many as 300,000 children in the United States under the age of 18 to suffer lower respiratory tract infections, such as pneumonia and bronchitis. 

 

A December 2010 study by the American Academy of Pediatrics found that children who live in apartments where no one smokes inside have a 45% increase in cotinine levels (used to measure tobacco exposure) compared with detached homes. The report states that multiunit housing may be a significant source of secondhand tobacco smoke exposure for children, at levels associated with morbidity. The report concludes that, “ultimately, smoke-free multiunit housing could improve health status by reducing nonsmokers’ exposure to tobacco smoke in their own units.”

 

Recently, many local governments as well as the states of Oregon and Utah have passed laws and ordinances expanding smoke-free housing. Smoke-free housing policies have been adopted in 35 California communities, see a full list here.

 

Currently, a landlord may include terms in a rental agreement restricting pets, noise, and other house rules.  Despite the negative health effects of secondhand smoke there is nothing in current law that explicitly permits a landlord to restrict smoking.

 

Padilla had authored a similar bill in 2008, SB 1598, that was held in committee.  SB 332 will next be heard in the Senate Appropriations Committee.

 

 

Bill Mabie

Chief of Staff

Office of Senator Alex Padilla, 20th District