Smoking Law Affects All Berkeley Multi-Unit Housing  

The Berkeley City Council adopted an ordinance regulating secondhand smoke in all multi-unit residences and common areas.  As of May 1, 2014, smoking will be prohibited in 100% of multi-unit housing with two or more units (i.e. apartments, co-ops, condominiums, common interest developments, etc).  This also includes common areas such as private decks, balconies, and porches of units. 

Below are materials for property owners and tenants.  If you do not have access to a printer, paper copies are also available at: 

City of Berkeley, Public Health Division
1947 Center Street, 2nd Floor Lobby
Berkeley, CA 94704  

The following materials are in development and will be posted as soon as they are finalized:   










Frequently asked questions about the Smoke-Free Multi-Unit Housing Ordinance

Q: I live in a stand-alone building that is considered a “condo” – does the ordinance apply?
A: No 

Q: I live in a single-family home with a detached in-law in my backyard that I rent to a tenant. There are no shared walls/ceilings – does the ordinance apply?
A: No  

Q: I own a condo that is a unit in a larger building. I share walls and ceilings with my neighbors - does the ordinance apply?
A: Yes 

Q: How do you define Multi-Unit Residence?
A: BMC 12.70.020 “Multi-unit residence" means a building or portion thereof that contains more than one unit.

Q: How do you define “Unit”?
A: BMC 12.70.020 "Unit" means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, including but not limited to a dwelling unit as defined in Chapter 23F.04, an apartment, a common interest development such as a condominium, townhouse or tenant-in-common, a room in a group living accommodations as defined in Chapter 23F.04, a room in a senior citizen residence, a room in a nursing home, or assisted living facility, a dormitory room, and a Single Residential Occupancy (SRO) room. Unit shall include any associated exclusive-use enclosed or unenclosed areas, including but not limited to a private balcony, porch, deck, or patio.


For additional questions please contact the Tobacco Prevention Program at: 

(510) 981-5330 or   

Additional Resources

Free Smoking Cessation Services
Smoke Free Commercial Zones in Berkeley
Tobacco Prevention Program