BREATH - The California Smoke-free Bars,
Workplaces and Communities Program

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Why Are Smokefree Apartment Buildings Legal?

"As a general rule, property owners are permitted to impose restrictions on their tenants unless those

restrictions violate existing laws or are discriminatory. A smokefree policy is no different than a no pet,

no loud music, or any other policy that protects other tenant's well-being or landlord's property.

Common law generally affords the owner with a right (and in some cases, obligation) to protect other

tenants and the owner's property."

David Ezra, Attorney-at-Law, Orange County

" If you decide to adopt a smokefree policy for your apartment building, be assured that this is not

prohibited by law. A smokefree policy remains part of the inherent rights of one who owns property, and

should be viewed as preserving the value of your property and a protection of your tenants (residents)."

Jay R. Petterson, Los Angeles County Real Estate Attorney and former U.S. Magistrate Judge

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BREATH, A Statewide Project of the AMERICAN LUNG ASSOCIATION of the East Bay
5495 Carlson Dr., Suite D
Sacramento, CA 95819
PH:916-739-8925 Fax: 916-739-8927
Email: breath@jps.net Web: www.breath-ala.org