Smoking in a Fresno apartment could cost you up to $1,000. What to know about new rule
If you live in an apartment complex in Fresno, beginning Jan. 1 it became illegal to smoke or vape indoors.
The Fresno City Council passed the new ordinance in October, mandating that multi-unit housing complexes designate an outdoor smoking area and ban smoking from inside individual units, including marijuana, e-cigarettes, vape and hookah devices. Residents are still allowed to smoke in their patios and balconies.
The ordinance received broad support from Fresno’s young people, local health experts and the California Apartment Association.
Research shows there’s no risk-free level of exposure to secondhand smoke. Fresno children and adults for years have had high rates of asthma. The area’s bad air pollution, secondhand and thirdhand smoke exacerbate those health issues.
““This policy prioritizes the health and safety of our children and most vulnerable families by preventing smoking in apartments and condominiums,” said Councilmember Tyler Maxwell, who authored the ordinance with Councilmember Nelson Esparza.
Here’s what you need to know about the new ordinance.
Education
Educating landlords, property managers and tenants is a big component of the ordinance.
The ordinance was written with the goal of encouraging healthier living, not necessarily to punish smokers. That’s why the ordinance includes an educational component as part of enforcement, city staff said, along with allowing the completion of community service hours instead of paying a fine.
City staff are working closely with Fresno County’s Tobacco Prevention program to also provide tenants with resources to quit smoking if they choose.
After the ordinance passed, the California Apartment Association quickly emailed its members letting them know what the new rules required.
“This is new to Fresno. There are a lot of cities that have these ordinances, but it’s the first time we’ve done it here,” said Greg Terzakis, senior vice president for the central California region of the CAA. “So we wanted to make certain that our members did it the right way.”
Lots of landlords and property owners already forbid smoking indoors because of the damage it causes to the units, Terzakis said. Plus, the association believes the science that shows indoor smoking is a health risk, he said.
But, Terzakis said, there are plenty of landlords in Fresno who aren’t a part of the apartment association. Those folks are on their own when it comes to researching the requirements of the new ordinance.
“I talked about this a lot during our support of the Rental Housing Improvement Act,” Terzakis said. “You’ve got landlords who know what to do, and they do it. You’ve got landlords who need education, but will do it when they’ve been educated. And you’ve got landlords who won’t do it unless they’re forced to do so.”
Now, work is cut out for city staff in educating those landlords and property owners who still need it, Terzakis said.
Landlord guidelines
Here’s what landlords should do to comply with the new ordinance:
Post “no smoking” signage around the apartment complex to indicate that smoking is prohibited in all units.
Include nonsmoking provisions in current, new, and renewed leases.
Notify existing tenants that smoking is prohibited as of Jan. 1, 2022, and provide each unit with a copy of the ordinance.
Provide notice to violating tenants of landlord’s knowledge of the violation and consequences for continued violation.
Comply with the ordinance and not allow people to smoke in non-designated smoking areas.
Landlords can be cited or fined by the city for tenants smoking in their building. However, a landlord can’t be sued by other tenants for damages caused by smoking tenants, including an action for nuisance, so long as the landlord has fully complied with the ordinance.
Reporting and enforcement
Prior to reporting indoor smoking to the city of Fresno, there’s a few things residents should do first.
City staff recommend first trying to talk to your neighbor to see if the issue can be addressed. If the violation continues, the city recommends reporting it to your property management and documenting, in writing, your communication to management or your landlord.
If the property manager or landlord takes no action, residents can report indoor smoking to the city three ways:
- By using the FresGo mobile app
- Calling the city’s call center at 3-1-1
- Calling the code enforcement division of the city attorney’s office at 559-621-8400.
Violators will first receive a warning, along with education materials and resources. After that, the city will issue to violators a $250 citation for the first offense, $500 for the second and $1,000 for the third violation and each violation after that.
Tenants may be subject to community service as an alternative to a civil fine.