While smoking bans are common in the work place, restaurants, hotels, and leisure locations, currently there is not state law that bans smoking in residential units. Cities and counties in California are just beginning to enact bans on smoking. As residents become more aware of the risks associated with second-hand smoke, they also are becoming astute regarding their rights in order to protect their health.
Smoking is not a protected right under the U.S. or California State Constitution and there are rulings that set precedent in this regard. The safest approach is to adopt a uniform policy and to implement it during lease renewal and when signing new leases rather than to amend an existing lease. More information can be found at this link:
http://www.caanet.org/am/template.cfm?Section=caahome&template=/CM/HTMLDisplay.cfm&contentID=12618
-Ms. Merrie
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