RulesCommunications Highlights 2009 0526

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4-12-315 REQUIRED LEASE TERMS. Every lease or other agreement for the occupancy of a unit in a multi-unit residence shall, by (30 months after effective date of the ordinance -date to determined upon adoption); include: (a) A clause stating that Smoking is prohibited in the unit if the unit has been designated as a nonsmoking unit; (b) A clause stating that it is a material breach of the lease or agreement to: (1) Violate any law regulating Smoking while on the premises; (2) Smoke in a nonsmoking unit; or (3) Smoke in any Multi-Unit Residence Common Area in which Smoking is prohibited by the landlord; (c) A clause stating that all lawful occupants of the Multi-Unit Residence are express third-party beneficiaries of the above required clauses. The California Apartment Association's Form 34.0, Revised January 2007, meets the requirements for lease terms as outlined and is an option for use to comply with this Section. 4-12-320 SMOHING POLICY REQUIRED FOR CONDOMINIUMS. All condominium complexes must include a policy regarding smoking in common areas, balconies, decks, or other open areas of residential units within their Covenants, Conditions and Restrictions (CC&Rs), or within whatever rules of conduct or property maintenance apply to said condominium complex. ~-12-325 LIABILITIES OF TENANT. A tenant who breaches the Smoking regulations of a lease or knowingly allows another person to do so shall be liable to: (a) The landlord; and (b) Any lawful occupant of the Multi-Unit Residence who is exposed to secondhand smoke as a result of that breach. A landlord shall not be liable to any person for a tenant's breach of Smoking regulations if the landlord has fully complied with this Chapter. 4-12-330 DISCLOSURE BY LANDLORDS. Every landlord of a Multi-Unit Residence shall maintain a list of designated Smoking and nonsmoking units and a floor plan identifying the relative position of Smoking and nonsmoking units. The floor plan also shall identify the location of any designated Smoking areas. A copy of this list, floor plan, and a copy of any procedures for addressing Smoking-related complaints shall accompany every new lease or other agreement for the occupancy of a unit in a Multi-Unit Residence. If a copy of the list and floor plan is not so supplied, the unit subject to the lease shall be a nonsmoking unit. 4-12-335 DISCLOSURE TO PROSPECTIVE BUYERS. All sellers of condominium units are required to disclose to prospective buyers in writing whether smoking has been permitted in the unit and the smoking policy for the complex. 4-12-340 ENFORCEMENT. The lease or agreement terms required by Section 4-12-215 are hereby incorporated by force of law into any lease or other agreement for the occupancy of a unit in a Multi-Unit Residence made on or after (30 months after effective date of the ordinance -date to determined upon adoption); and which does not fully comply with Section 4-12-215.