Smoking Prohibition

Berkeley Smoke-Free Multi-Unit Housing  

The Berkeley City Council adopted Ordinance No. 7,321-N.S. regulating secondhand smoke in all multi-unit residences and common areas. As of May 1, 2014, smoking is prohibited in 100% of multi-unit housing with two or more units (apartments, co-ops, condominiums, common interest developments, etc.). This also includes common areas such as private decks, balconies, and porches of units.  

For more information and to submit a complaint, please see the City of Berkeley's Smoke-Free Multi-Unit Housing page. 

Smoking Prohibition Lease Addendum

So that no resident is subject to the harmful effects of secondhand smoke, we encourage all tenants and landlords to voluntarily agree to sign an addendum to their existing lease agreement that prohibits smoking on the premises if the original agreement does not already contain this prohibition.

While landlords may not impose an enforceable unilateral smoking prohibition on an existing tenancy (Rent Board Regulation 1313), tenants and landlords may agree to make the premises a smoke-free environment. To enforce an addendum prohibiting smoking when none previously existed, landlords must make expressly clear that the parties entered into this agreement voluntarily. To that end, the Board has drafted a Smoking Prohibition Lease Addendum that landlords and tenants may use to append their existing lease agreements.