Smokefree Contra Costa County – Unincorporated Areas

Jamie Sternberg, Esq.

May 2019

Effective July 1, 2019, all multifamily properties in the unincorporated areas of Contra Costa County must be completely smoke free (both units and common areas). The only area where smoking may be allowed is in designated outdoor common area smoking areas (and there are specific requirements and restrictions for designated outdoor common area smoking areas).

Provisions of the Contra Costa County Code Chapter 445 – Contra Costa Second Hand Smoke and Tobacco Product Control Ordinance that apply to multifamily housing:

  • Require certain lease provisions;
  • Require disclosure of a smoking complaint policy (if the landlord has one) with each new lease or rental agreement;
  • Require no smoking signs to be posted;
  • Prohibit ashtrays or other receptacles for disposing of smoking material where smoking is prohibited; and
  • Require written warnings to violators.

Additional Resources:

  • https://cchealth.org/tobacco/secondhand-smoke/ (website with information about the Contra Costa Second Hand Smoke and Tobacco Product Control Ordinance)
  • Kimball, Tirey & St. John LLP has a smoke free package, customized for use in the unincorporated areas of Contra Costa County, consisting of:
    • an information package, providing information to help landlords and property managers comply with the Contra Costa Second Hand Smoke and Tobacco Product Control Ordinance;
    • a Notice of Change of Terms of Tenancy (to be used with month to month tenants);
    • a Smoke Free Addendum specifically tailored for the unincorporated areas of Contra Costa County (to be used with new tenants and renewing tenants); and
    • a warning letter that can be sent to violators.

This smoke free package is available for $500. To purchase it, contact Jamie Sternberg at (619) 744-0863 or jamie.sternberg@kts-law.com.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. While KTS provides clients with information on legislative changes, our courtesy notifications are not meant to be exhaustive and do not take the place of legislative services or membership in trade associations. Our legal alerts are provided on selected topics and should not be relied upon as a complete report of all new changes of local, state, and federal laws affecting property owners and managers. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers and Legal Articles, please consult the resource section of our website.

  

© 2019 Kimball, Tirey and St. John LLP