The Carlsbad City Council recently agreed to ban smoking and vaping inside all condos, apartments and multifamily homes citywide beginning January 1, 2025, making Carlsbad the first city in San Diego to enact a smoking-free housing law. The new law will apply to apartment buildings, condos for sale or rent, townhomes, senior assisted living facilities, long-term healthcare facilities and single-family homes licensed as care facilities.
The ban was approved by a 4-1 vote on July 30th, with Councilmember Melanie Burkholder casting the lone dissenting vote. Burkholder said she can’t support the new law because it seems like an overreach by the city.
What does this mean for landlords and property owners?
If you own a condo, apartment or multi-family home in Carlsbad, you will need to comply with the new law by prohibiting smoking and vaping inside your units. You will also need to post signs that inform residents of the ban.
What are the benefits of the new law?
The new law will have several benefits to landlords and property owners, including:
- Increased property values: Studies have shown that smoke-free properties tend to have higher property values than properties that allow smoking. The new law could help to increase the value of condos, apartments and multi-family homes in Carlsbad.
- Reduced costs: Landlords and property owners who allow smoking in their units may face higher costs for cleaning, repairs, and maintenance. The new law could help to reduce these costs.
- Improved public health: Secondhand smoke is a serious health hazard that can cause a variety of health problems, including cancer, heart disease, and respiratory illness. The new law will help to protect residents from these harmful effects.
What are the challenges of the new law?
The new law may pose some challenges for landlords and property owners, such as:
- Enforcement: It may be difficult to enforce the new law, especially in large apartment buildings.
- Loss of rental income: Some landlords may lose rental income as a result of the new law.
- Impact on low-income residents: Low-income residents may have difficulty finding affordable smoke-free housing.
What can landlords and property owners do to comply with the new law?
Landlords and property owners can take a number of steps to comply with the new law, such as:
- Posting signs: Post signs that inform residents of the new law.
- Updating leases: Update your leases to include a provision that prohibits smoking and vaping inside your units.
- Enforcing the ban: Take steps to enforce the ban, such as contacting residents who are caught smoking or vaping.
If you are in need of assistance with complying the new law, you can contact our landlord attorney in Carlsbad.
