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Public Health Division
Public Health Division

Berkeley Smoke-Free Multi-Unit Housing  

The Berkeley City Council adopted Ordinance No. 7,321-N.S. regulating second hand smoke in ALL multi-unit residences and SFMUHEnforcementcommon 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 resources and materials for property owners and tenants.

For more information, please contact:
Tobacco Prevention Program
(510) 981-5330

Resources for Landlords & Tenants (Recursos Para Propietarios a Inquilinos)

Please Note: The Adobe (PDF) files found on this page will require your computer to have Adobe Acrobat Reader installed.
CLICK HERE to download Adobe Acrobat Reader for FREE.NO SMOKING SIGN

All materials available for download are also available at:
City of Berkeley Public Health Division
1947 Center Street, 2nd Floor Lobby
Berkeley, CA 94704

Monday - Friday
8:00 AM - 5:00 PM
*except Holiday & Reduced Service Days

Frequently Asked Questions About the Smoke-Free Multi-Unit Housing Ordinance

Q: How do you define "Multi-unit residence"?
A: (BMC 12.70.020) "Multi-unit residence" means a building of 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, indlucing but not limited to a dwelling unit as defined in Chapter 23F.04, and apartment, a common interest development such as a condominium, townhouse or tenant-in-common, a room in a group living accomodation 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 Residency 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.

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 or 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 ordiance apply?
A: Yes.

Additional Information & Resources

'Freedom from Tobacco' Quit Smoking Classes - FREE!
Smoke Free Commercial Zones in Berkeley
Tobacco Prevention Program




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