TWO NEW LAWS FOR 2012:
Non-smoking Buildings
Senate Bill 332, signed by Governer Brown allows, but does not require, a landlord to prohibit the cigarette or other tobacco product smoking on the property, in any building or portion of the building, including inside the residential units. The new law takes effect on January 1, 2012.
Smoking is a major source of conflict between smoking and non-smoking tenants, and landlords get caught in the middle. Smokers maintain that smoking is a right that should not be compromised. Non-smokers claim second-hand smoke is a clear health hazard.
Research proves that most Californians (approximately 86 percent) don't smoke. And various surveys show that most non-smokers who live in apartments would prefer a non-smoking policy or at least some restrictions on how many units in a particular apartment community can be designated smoking units.
Beginning January 1, 2012, landlords must -- as they typically do now -- include a provision in their lease that specifies the areas on the property where smoking is prohibited. If the property owner wishes to change any lease contract entered into prior to January 1, 2012, they most follow exisiting law rearding changes in tenancy terms.
Mandatory Recycling
This new law estabilishes the Renter's Right to Recycle Act which, starting next year, requires rental property owners to arrange for recycling services that are appropriate and available for a multifamily building of five or more units.
This law does not affect San Francisco landlords, as San Francisco already has mandatory recycling ordinances in place.