Proposed Ordinance May Ban Smoking in Housing Complexes

A City Council committee will receive a proposed ordinance this week to ban smoking in housing complexes if the smoker is asked to stop by another resident, according to documents displayed on the city's website.

The proposal comes from the San Diego Smoke-Free Housing Task Force, made up of groups such as Social Advocates for Youth San Diego (SAY), the American Lung Association, Communities Against Substance Abuse, the Environmental Health Association and a tenant advocacy group.

The task force was formed three years ago after SAY San Diego brought a similar proposal to the Public Safety and Neighborhood Services Committee.

The proposed ordinance has been reviewed by the City Attorney's Office, and is opposed by two landlord groups that also are part of the task force, according to a city report.

The draft text of the ordinance state the dangers of tobacco products and proposes to ban smoking in apartments and condos if it “substantially interferes with another person's use, comfort and/or enjoyment of that multifamily property.”

Complaints about violations would need to be made in writing to the landlord, who then would be required to issue as many as three verbal warnings and a written directive to stop smoking before beginning eviction proceedings, according to the proposal.

The law, if passed, would also allow residents and the city attorney to bring civil lawsuits.

The committee is scheduled to consider the item on Wednesday afternoon. 

–City News Service