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January 1, 2021
New Units/New Construction:
February 6, 2020
A multiunit residence includes any property containing two or more residences or any attached residence, or a residence sharing a common wall. It also applies to the following unit types and circumstances:
Manufactured homes (typically known as RV parks and mobile home parks)
Dwelling areas in residential facilities such as group homes
Residential care facilities
Permanent supportive housing
Assisted living facilities
Emergency and homeless shelters
Single-family detached homes
Accessory dwelling units
20% of motel or hotel rooms
An outdoor designated smoking area may be established by the property owner if it meets certain criteria, such as being at least 25 feet away from an area used by children.
The ban on smoking in and around multiunit developments applies to the interior areas of housing units, as well as private exclusive-use unenclosed space (e.g. patios, balconies, decks, or porches, etc.). However, designated outdoor smoking areas based on specific criteria may be permitted.
The smoking ban is required to be included in lease and rental agreement provisions. The provisions must inform existing and prospective tenants and owners that smoking is prohibited in the unit, including exclusive-use unenclosed areas such as decks and balconies, and common areas that are not designated as a smoking area.
The regulation allows for a private right of enforcement (civil action), meaning that a neighbor or other concerned party can file a civil action in a court of law if they believe the ordinance is being violated. The ban is also subject to enforcement by the City of Concord.
Smoking in a unit or a common area that is not designated as a smoking area would be a violation of apartment/HOA regulations. Contact your property manager first. In addition, occupants may enforce these provisions by filing a civil action in a court of law.
Additional information on legal options.
Smoking, including the use of electronic smoking devices (vaping) containing, any tobacco, nicotine, vaping aerosol, or cannabis product are prohibited by this ordinance.
Every landlord should deliver the following on or before July 1, 2020 to each existing unit and shall provide prospective tenants with:
A written notice clearly stating:
All units are designated as nonsmoking units. Smoking is illegal in a unit, including any associated exclusive-use area or unenclosed area, such as a private balcony, porch, deck, or patio as of January 1, 2021; and
Smoking in all common areas is illegal, unless an outdoor space is designated as a smoking area.
Every lease or rental agreement entered into, renewed, or continued month-to-month after January 1, 2021 shall include the following provisions:
A clause expressly conveying that it is a material breach of the agreement to knowingly or intentionally allow, or engage in, smoking in the unit and exclusive-use areas such as balconies, porches, or patios, or common areas, other than a designated smoking area.
A clause expressly conveying that it is a material breach of the agreement for the tenant to violate any law regulating smoking while on the property or to knowingly and intentionally allow any other person subject to control of the tenant to engage in such behavior.
Clear and unambiguous “No Smoking/Vaping” signs in sufficient numbers and locations are required in common areas where smoking is prohibited. The signs shall be maintained by the person(s) with legal control over of the common area. Signage is not required inside units or on doorways.
The smoking ban will remain in effect at all multiunit properties regardless of whether signage has been posted.
Mindy Gentry, Planning Manager