CEDD

Smoke-Free Multi-Unit Housing

What is Smoke?

  • The direct burning or indirect heating of any cigar, cigarette, pipe, electronic smoking device, or any similar kind of smoking equipment or article, using any form of tobacco, plant product, or other combustible substance in any form, or

  • The holding or carrying of a lighted or operated cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device, or

  • Emitting or exhaling the smoke directly from a cigar, cigarette, pipe, electronic smoking device, or any other lighted smoking equipment or device.

 

What is a Multi-Unit Residence?

A residential property that contains two (2) or more units rented or available to be rented and not occupied by a landlord of the premises. This does not include condominiums, mobile home parks, hotels or motels. The following types of housing are specifically excluded from this definition:

  • A single-family home; a detached or attached accessory dwelling unit on a single- family zoned property; a hotel; and a mixed hotel/common interest development project.

 

no smoking in multi-unit housing

Smoking Prohibited in Multi-Unit Residences

It is unlawful for any person to smoke in any multi-unit residence, including in a unit or common area of the multi-unit residence, unless in a designated smoking area.

 

Posting of Signs Required

“No Smoking” or “Smoke Free” signs shall be clearly posted by the landlord, operator, manager, or other persons having control of such room, building, or other place where smoking is prohibited.

 

Required Lease Terms for All Units in Rental Complexes

Prior to the effective date of a new lease, or of an amendment that extends the term, a landlord shall provide each tenant and prospective tenant in a rental complex with:

1. A written notice clearly stating that as of July 28, 2022, smoking is prohibited in the rental complex, including but not limited to within the unit and all common areas.

Every lease or other rental agreement for the occupancy of a unit in a rental complex entered into, renewed, or continued month-to-month after July 28, 2022, shall include, or be amended to include provisions.

 

Private Enforcement

Any person, including a legal entity, organization, or a government agency, acting for the interests of itself, its members, or the general public, may bring a civil action against any person violating the provisions.

 

Frequently Asked Questions

Smoke-free multi-unit housing policies are local laws and ordinances that regulate smoking in all residential units with shared walls, most typically rental units in apartment buildings. The City of Riverside recently adopted its own smoke free multi-unit housing ordinance which is in effect now.
Per the California Department of Public Health, secondhand smoke is toxic and can travel through vents, pipes, windows and small cracks in drywall, and plaster between adjoining units. Smoke can also be absorbed into carpets, drapes, furniture, clothes and toys. The harmful chemicals found in smoke can be present in the air for months after exposure. Because of this, the separation of smoking from nonsmoking residences or units does not eliminate exposure to secondhand smoke. The only way to completely prevent exposure to secondhand smoke in apartments/multi-unit housing is by implementing a smoke-free policy for all units.
The smoke free multi-unit housing ordinance (Riverside Municipal Code 6.27) applies to all multi-family housing with 2 or more dwelling units within the City of Riverside excluding condominiums, townhomes, hotels/motels, accessory dwelling units with a detached unit on a single-family zoned property, and mobile homes.
The law took effect on July 28, 2022.
No. This law shall be in force prior to the effective date of a new lease, or of an amendment that extends the term or renegotiates the terms. All new leases moving forward must include the smoke free provisions.

(951) 826-5311 | RiversideCA.gov/311

Code Enforcement Division
(951) 826-5633
Monday – Friday
7 A.M. – 5 P.M.

  • Code Enforcement Division: (951) 826-5633 Monday through Friday between 7 A.M. and 5 P.M.
  • The actual ordinance can be found by visiting the City of Riverside Municipal Code Section 6.27 at: Library.Municode.com/ca/riverside/ codes/code_of_ordinances
  • RUHealth.org/public-health/tobaccocontrol- project
If your neighbor is smoking in a designated nonsmoking area, please contact your property manager or landlord to report this.
Your landlord can take private civil action to enforce the terms of your lease. In addition, the City does have the ability to issue administrative citations for between $100-$500 per violation.
If you own or manage a multi-family housing development such as an apartment building, triplexes, duplexes, etc., The law obligates you to designate this property as smoke free. You may designate an outdoor smoking area and you must post “no smoking” signs throughout the property. In addition, you are required to include non-smoking lease terms and a copy of this law with all new leases and all existing leases at the time they are amended, extended, or renegotiated.
Yes. This designated smoking area must not be in an enclosed area located at least 25’ from any enclosed areas, play area, swimming pool or other recreation area, be no more than 25% of the total outdoor area, have a clearly marked perimeter with signs posted in a conspicuous place, and not overlap with any other areas designated as non-smoking.
“No Smoking” or “Smoke Free” signs shall be conspicuously posted throughout the property. Signage required by this section shall be prominently displayed, shall clearly recite the phrase “No Smoking” and/or use the international no-smoking symbol and shall cite the appropriate section of the City of Riverside Municipal Code. (RMC 6.27) Such signs shall be posted not less than five feet nor more than eight feet above the floor and shall be of sufficient number and location to cause the message of the signs to be clearly visible and readable.
Any Person, including a legal entity, organization, or a government agency, acting for the interests of itself, its members, or the general public, may bring a civil action against any person violating the provisions of this Chapter. You may enforce the terms of your lease.
The City is authorized to enforce this chapter via any remedies available in Title 1.17 of the Riverside Municipal Code including, but not limited to, administrative citations, daily civil penalties and the filing of infraction and misdemeanor complaints with the Superior Court.