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A New Lease on Life (California Civil Code section 1947.5)

Landlords’ Right to Make Properties Smokefree

Fact Sheet
Tobacco Prevention

Smokefree housing policies are now common in California; however, some landlords and tenants are still confused about whether landlords have the right to adopt such policies.

Civil Code section 1947.5 (sometimes known by its bill number, SB 332) allows landlords to make their properties – including dwelling units, private balconies and patios, and all common areas – 100% smokefree. Civil Code section 1947.5 requires that landlords continue to follow all applicable local laws, such as rent control, and outlines additional requirements for landlords who are adopting smokefree policies.

ChangeLab Solutions developed this fact sheet to provide information on Civil Code section 1947.5, including further detail on what the law does, requirements for landlords, and how the code affects leases and city ordinances. The 2018 update also includes information about HUD’s new smokefree rule for public housing agencies.