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Sample No-Smoking Policy Guidelines for Rental Properties

This resource packet is designed to help rental property owners and managers implement no- smoking policies at their market rate rental properties, and was developed by the:

This document is intended to be informational only and should not be relied on as legal advice. The types of no- smoking policies referenced and the suggested implementation steps are intended to serve as examples and in no way guarantee protection from liability. It is recommended that you consult an attorney for legal advice on any fact-specific questions or issues involving smoking and rental property.

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Table of Contents

PURPOSE OF THIS PACKET..............................................................................................................................3

THINGS TO CONSIDER BEFORE IMPLEMENTING A NO-SMOKING POLICY AT YOUR PROPERTY ..........3

STEP-BY-STEP GUIDE TO IMPLEMENTATION OF A NO-SMOKING POLICY ................................................4

STEP ONE: MAKING THE DECISION TO DO IT........................................................................................................4 STEP TWO: SURVEYING RESIDENTS ....................................................................................................................4 STEP THREE: DEVELOPING YOUR PLAN ..............................................................................................................5 STEP FOUR: DEALING WITH UPSET RESIDENTS ...................................................................................................5 STEP FIVE: IMPLEMENTING YOUR PLAN ...............................................................................................................5

No-smoking Policy: Entire Property ..............................................................................................................5 No-smoking Policy: Certain Areas ................................................................................................................6 No-smoking Policy: Designated Smoking Areas...........................................................................................7 No-smoking Policy: Designated Smoking Units/buildings.............................................................................7

SAMPLE FLOW CHART ....................................................................................................................................10

CAUTIONARY NOTES .......................................................................................................................................11

SUGGESTIONS FOR ADDRESSING SMOKE DAMAGE IN UNITS .................................................................12

SAMPLE SURVEY LETTER TO RESIDENTS ...................................................................................................14

SAMPLE WRITTEN NOTICE TO RESIDENTS – NON-SMOKING PROPERTY ...............................................15

SAMPLE WRITTEN WARNING TO RESIDENT OF VIOLATION ......................................................................16

ACKNOWLEDGEMENTS ...................................................................................................................................17

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Purpose of this Packet Based on SDCAA member inquiries and other interests, this packet has been developed to assist rental property owners accommodate a growing market demand for non-smoking rental units. A common question among owners/mangers is “how exactly do you transition to a non-smoking property?” With this in mind, the SDCAA and others set out to develop a step-by-step guide to assist with this process.

Things to Consider Before Implementing a No-smoking Policy at Your Property

Establishing no-smoking policies in multi-unit housing has a number of benefits: Building owners have a legal right to make their properties non-smoking. No-smoking policies should

not be cause for claims of unlawful arbitrary discrimination, as long as it is a property owner/manager’s policy to prohibit smoking, rather than to refuse to rent to smokers. Put another way, you cannot deny someone the right to rent because they are a smoker, however you can prohibit them from smoking on your property. Just like an owner can prohibit pets, you also can prohibit smoking in your units by including a clause in your rental or lease agreements.

No-smoking policies reduce the risks associated with secondhand smoke. The California Air resources board designated secondhand smoke as a toxic air contaminant, putting it in the same class category as toxic automotive and industrial pollutants.

No-smoking policies reduce damage to carpets, drapes, countertops, and paint from odors, burns, and the toxic residue from secondhand smoke, thereby reducing the costs of unit turnover.

No-smoking policies decrease the risk of injury and death caused by cigarette-related fires – a leading cause of residential blazes.

Some insurers may offer discounts for having no-smoking policies.

No-smoking policies may help reduce litter from cigarette butts.

Many residents are non-smokers. A September 2008 study of 520 randomly selected adult residents of the City of San Diego found that a majority of those sampled did not smoke (59 percent). (Study conducted by Competitive Edge Research & Communication and the San Diego Institute for Policy Research).

Questions to Ask Yourself: What is the current smoking policy at your rental community? Who sets that policy, you or an owner?

In what ways does smoking affect your business (litter, unit cleaning, fire hazards, resident turnover, etc.)?

What kind of smoking policy might work best at your property? No smoking in common areas? Some or all of your units? What are your concerns with each?

Would no-smoking rules apply to new or existing residents or both?

How would you introduce the new no-smoking policy to residents?

What other information or resources do you need to help you choose the best no-smoking policy for your community (sample leases, signage, etc.)?

Would you charge more for non-smoking units or should you increase your deposit for smoking units?

These are some of the basic questions we hope to answer for you in this packet.

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Step-By-Step Guide to Implementation of a No-Smoking Policy

What is a Non-smoking unit?

New Units Never been smoked in

Existing units Mild smoke damage, usually can be cleaned thoroughly

Heavy damage (yellowing/browning of interior), refurbishment or replacement may be required

Step One: Making the Decision to Do It This is probably the toughest part of the process of moving to some level of a non-smoking property. Remember that the focus should be on the activity – i.e. the prohibition of smoking on your property – rather than refusing to rent to smokers. If you are an owner, the decision might be a personal preference. If you are a property manager, the decision may be at the direction of the owner or to reposition the property. Often, no- smoking units are a sought-after amenity and provide a property with a unique market niche. No matter who initiates it, the decision to go forward with a no-smoking policy will have to be done together between manager and owner.

Owners may want to immediately move to a no-smoking property, but they should be perceptive to their market and understand that it would be wise to thoughtfully consider both existing smokers and non-smokers. Property managers may want to move to no-smoking policy but the owner needs to be aware of potential issues with disgruntled smokers. Rest assured that by strategically working together, a plan will come about. In any case, be observant of your market so as not to end up with empty units and insufficient revenue to cover operating costs. Remember to be sensitive to the needs of each of your residents and treat those residents you will be adversely affecting the way you would want to be treated during a similar situation.

Start by coming to an agreement that maybe the concept of a non-smoking property should be explored. The resident survey steps below will help you to decide ultimately whether to go forward or not and how. Let the survey results help draft your plan. The results should tell you how many units have smokers and where those units are located on the property. Overall, the survey results will help you define whether your moving entirely to non-smoking immediately is possible or whether a phased approach is best. These factors also may help you decide whether rent increases for smoking units are justified.

Step Two: Surveying Residents There are several ways to survey residents. For example, you can use traditional United States mail, on-line tools, telephone, door-to- door, and in-depth personal interviews. You might even consider a focus group to follow up to the survey. Some might find a combination of surveys best. For example, you might start with a mail survey to all residents. Then follow up with non-responders in person, so that you have a good representation of your residents, yet you are not spending an abundance of time on the project. Others in the industry have already implemented similar plans and have found that smokers may not respond to the mailed survey in protest. Going door-to-door will, at the least, give you a clear understanding of how many smokers you have on the property, which will influence your implementation plan. Even going door-to-door, some residents will just not cooperate, which might create a bias in your survey. A survey bias is when you may not have an even representation of all points of view. Understand most surveys are not perfect, so just do your best. Also, make it clear to smokers that their opinion is valued and will be a factor in your decision process. There is a sample survey included in this packet that should help you (pg. 14). Another way to better define your situation is to conduct a focus group of a sampling of your residents. Focus groups allow you the opportunity to present

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ideas and to get direct feed back from a sample population. This allows you to tweak a plan before you implement it, based on the feedback.

If you decided to have your staff go door-to-door, it will benefit you to do a little training or at-least some role playing, as not everyone will respond positively to the idea of no-smoking rules. Work with your staff to reassure the resident that you are simply surveying to determine what the feelings are on the property. It does not mean that you will or will not implement a no-smoking policy. And, if it does result in a no-smoking policy, that management will do their best to accommodate everyone, including existing residents that smoke. How, you ask? You can include information about smoking cessation programs to assist them in breaking their habit if they wish to or phase smoking out over a period of time to give them a chance to quit or move. Cessation resources will be covered more in a later section.

If study results determine that you have a large majority of smokers who wish to continue to have the ability to smoke on the property, moving to a no-smoking policy may not be a good option for you. Don’t forget to consider market demand for non-smoking units.

Step Three: Developing Your Plan Now that you know how many smokers you have and where they are located on the property, you should be able to develop a plan that best fits your property. There are several to choose from. Basic options include banning smoking in certain areas, the entire property at once, or a phased-in approach as units turn over. There’s also the option to “grandfather” smoking privileges for existing smokers when the rental lease cannot be amended or renewed until such time that those tenants move out. You also should decide whether rental amounts will be affected (e.g. different amounts for non-smoking vs. smoking units) or whether residents of smoking units will pay increased deposits. The SDCAA strongly recommends that you consult with an attorney about these issues specifically beforehand.

Something you also should think about before implementing a no-smoking policy is that previously smoked in units will take varying levels of cleaning to be considered non-smoking. No one will move into a non-smoking unit if it smells like smoke and the walls are yellow. The difficulty here will be that you really won’t know the damage until the previous residents move out completely. Be sure you have allotted enough turnover time to deal with the worst scenario. Later in this packet we discuss varying levels of cleaning to deal with smoke damage.

Step Four: Dealing with Upset Residents After conducting your survey and laying out your plan, in some cases, it may be best to give upset residents a forum to vent their frustrations. Forums sometimes raise concerns that you might not know of otherwise and it’s a chance for residents to have their voices heard. Be aware that if you plan to host a forum, you should have your implementation plan ready so you can discuss the key points and how they will impact their daily lives. If you need to modify it slightly after the discussion, you can do that.

Courts have found under the California Fair Employment and Housing Act (Government Code Section 12960 (“FEHA”)) that individuals such as asthmatics, who are hypersensitive to tobacco smoke, may be disabled if their condition limits a major life activity, such as breathing. Under the FEHA, reasonable accommodations must be provided to the qualified disabled person unless that accommodation causes an undue financial or administrative burden on the landlord. Depending on the circumstances, a disabled resident may be entitled to accommodations such as (1) designating common areas or certain other portions of a building as no smoking, (2) allowing the tenant to relocate to a different unit, or (3) allowing the tenant to terminate the lease without a penalty so that the tenant can move to other housing in order to obtain a smoke-free environment.

Step Five: Implementing Your Plan No-smoking Policy: Entire Property If you find you have very few smokers or that you just believe it to be beneficial to have a non-smoking property, you might choose to convert the entire property to non-smoking. This means no smoking in common areas, balconies/patios and within the units.

* Some rental and lease agreements contain a provision defining a “nuisance” or allowing a landlord to change the “House Rules” at

any time. Your no-smoking policy may be one of these nuisance definitions or House Rules and an addendum may not necessarily need apply. Carefully review your original rental and lease agreement language to determine this.

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The steps to implementing a total no-smoking policy include: 1) Notify all residents of the policy change, in writing, via a rental agreement addendum as well as a

written notice. The SDCAA suggests using the Addendum to Rental Agreement Form 218 and the sample written notice included in this packet.

In the case of month-to-month rental agreements, such a change (i.e. adding an addendum) can be accomplished by service of a notice of change of terms of tenancy (minimum 30-days’ notice required by law). In the case of leases, a lease addendum may be issued and enforced at the time the original lease expires, either as a condition of lease renewal or through a notice of change of terms of tenancy once the lease expires and the tenancy becomes month-to-month. If the tenant agrees to the changes,

in writing, before the lease term has expired, then the new rules may be enforced.* (You may want to

send out a reminder 10 days prior to the date that enforcement will begin and again the day before).

Include: a. Date that the transition begins b. Where the rules apply (entire property) c. Enforcement (warnings, notice to correct, possible eviction, etc.)

2) Post no-smoking signs in conspicuous areas of the property 3) Remove all ashtrays prior to the implementation deadline 4) After the deadline, be sure to track any warnings you issue (verbal or written) in your records in the

event that you have to issue notices to correct or quit, 30 or 60 days notices and evictions later. This option is easy to do if you have few smokers or if the property is brand new and has never been lived in. Going forward, be sure the no-smoking policy is part of your rental criteria and application process.

No-smoking Policy: Certain Areas If you find that a large majority of residents are smokers, but you really want to implement some level of no- smoking at your community, you might start by prohibiting smoking in certain areas, such as common areas and/or patios/balconies.

Keep in mind that banning smoking in common areas might mean more smoking will be done inside the residential unit. If you have permitted smoking within the units, it means that the resident is permitted to smoke within his or her rented space, which includes patios and balconies. So, if you prohibit smoking in common areas, but allow it on balconies and patios, there could be conflict where the patios/balconies are near common areas. What’s more, some jurisdictions (e.g. City of El Cajon) already prohibit smoking within a certain distance of playgrounds and swimming pools, which are often located near patios and balconies. It is strongly suggested that you give careful consideration to the type of smoking ban you choose on a case-by-case basis with your specific property in mind.

The steps to implementing a partial no-smoking policy include:

1) Notify all residents of the policy change, in writing, via a rental agreement addendum as well as a written notice. The SDCAA suggests using the Addendum for Tobacco Non-Smoking Areas Form 251and the sample written notice included in this packet.




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in writing, before the lease term has expired, then the new rules may be enforced.* (You may want to send out a reminder 10 days prior to the date that enforcement will begin and again the day before).

Include:

a. Date that the transition begins b. Where the restrictions apply, such as pool, laundry rooms, walkways, mail rooms, patios,

balconies, etc. c. Enforcement (warnings, notice to correct, possible eviction, etc.)

2) Post no-smoking signs in conspicuous areas of the property 3) Remove all ashtrays prior to the implementation deadline 4) After the deadline, be sure to track any warnings you issue (verbal or written) in your records in the

event that you have to issue notices to correct or quit, 30 or 60 days notices and evictions later. Going forward, be sure the no-smoking policy is part of your rental criteria and application process.

No-smoking Policy: Designated Smoking Areas A variation on the no-smoking property policy is to create a designated smoking area on the property. This can be helpful if you have a few smokers you want to accommodate.

The steps to implementing a designated smoking area policy include:

1) Choose a location as far away from all units and common areas as possible (ideally, you want it at least 25 feet from anywhere residents frequent). Also take into consideration prevailing winds, if you can. An area of 10’x10’ is more than acceptable.

2) Notify all residents of the policy change, in writing, via a rental agreement addendum as well as a written notice. The SDCAA suggests using the Addendum to Rental Agreement Form 218 and the sample written notice included in this packet.


in writing, before the lease term has expired, then the new rules may be enforced.* (You may want to


Include: a. Date that the transition begins b. The specific location where smoking is allowed c. Enforcement (warnings, notice to correct, possible eviction, etc.)

3) Post appropriate signage indicating the location of the only smoking area 4) On the implementation day, set out ashtrays in the designated smoking area 5) After the deadline, be sure to track any warnings you issue (verbal or written) in your records in the

event that you have to issue notices to correct or quit, 30 or 60 days notices and evictions later. 6) Be sure to strictly enforce the use of designated smoking areas.

Going forward, be sure the designated smoking area policy is part of your rental criteria and application process.

No-smoking Policy: Designated Smoking Units/Buildings This policy is probably the most challenging to implement because of the endless variations in the way it can be implemented. Things to take into consideration are:



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Whether you have multiple buildings and/or multiple level buildings

Whether you want to establish designated smoking buildings or units

What the existing disbursement of smokers is

Whether you want to try to shuffle residents around or phase smoking out of certain buildings or units through attrition

Ventilation systems

Proximity to common areas For the purposes of this discussion, if you designate some buildings or units as non-smoking, by default the others will permit smoking. You can add more variations if you choose, such as mixed buildings (buildings with both smoking and non-smoking units), but it is much more difficult to enforce and even more difficult to try and describe here. Furthermore, it may expose an owner to litigation for not providing proper boundaries.

Start with your study results. If you have a clear majority of non-smokers, are the smokers concentrated in one area of the property? If so, you might consider trying to move some residents around to make a clearly defined smoking building or set of units. Often, discounted rent one month or the opportunity to move into a freshly updated unit is enough to encourage residents to transfer.

If the smokers are well co-mingled in with the non-smokers, you might want to pick buildings that are upwind (this way the wind doesn’t blow smoke toward non-smoking buildings or units) and designate those buildings/units as non-smoking, then transition any smokers out through turnover and/or offer of transfer to a unit in the smoking building(s).

If you choose to transition units over to non-smoking units through attrition, be sure you have explained that in writing in your communications with your residents. Make sure they know up front what the process will be. Key to the success of this and all changes to your community rules is to communicate the changes to your residents in writing, which may mean multiple notices in addition to those outlined below depending on which approach you choose.

The steps to implementing a no-smoking policy at certain buildings or units include:

1) Notify all residents of the policy change, in writing, via a rental agreement addendum as well as a written notice. The SDCAA suggests using the Addendum to Rental Agreement Form 218 and the sample written notice included in this packet.


in writing, before the lease term has expired, then the new rules may be enforced.*

(You may want to


Include: a. Date that the transition begins b. The specific buildings/units where smoking is prohibited c. Enforcement (warnings, notice to correct, possible eviction, etc.)

2) Post appropriate signage indicating where smoking is prohibited 3) You may consider sending additional communications to residents providing updates on the process of

converting buildings/units to non-smoking.

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4) After the deadline, be sure to track any warnings you issue (verbal or written) in your records in the event that you have to issue notices to correct or quit, 30 or 60 days notices (for your month-to-month residents) and evictions later.

Going forward, be sure the designated smoking area policy is part of your rental criteria and application process.

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Sample Flow Chart to Implementing a No-smoking Policy for an Entire Property

Decide to explore no-smoking policy

Survey Residents

(Mail, door-to-door, focus group, etc.)

Based on survey results, proceed with no-smoking policy?

Yes No

Decide on type of no-smoking policy

(This example: Entire property) Consider at a later time.

Communicate with residents. Notify in

writing of intentions, timeframe. Host

community meeting, take calls,

Notify residents of your decision and why. Include

that it will be considered again at a later date (e.g. six

months later, etc.)

Decide how to implement.

(This example:

All at once - units cleaned at turn over)

Serve formal notice of change of terms,

lease/rental agreement addendum

Include: Date transition begins (e.g.

"effective [date], process begins as

units turn over")

Applicable to entire property, Enforcement

Post no-smoking signs,

Remove ashtrays

Track enforcement (Verbal

& written warnings, notices

to correct,

eviction notices)

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Cautionary Notes Avoid designating a rental unit or property “smoke-free.” Instead, use the term “non-smoking” or “no-

smoking” rental unit, rental property, etc. The term smoke-free assumes that you can control all sources of smoke all the time, which is impossible. This characterization may subject the owner to liability for creating a false expectation. What you can do is create a no-smoking policy and enforce it as best as possible.

Avoid addressing the issue of medicinal marijuana (seek specific legal advice from an attorney if a resident

is asking to be allowed to smoke medical marijuana on the property as an accommodation for disability). Focus on prohibiting tobacco smoke.

Use legal notices to residents prior to implementing a no-smoking policy. Certainly, a general notice to all

residents explaining the change is necessary, but the use of a change of terms form for a rental or lease agreement addendum is critical. (Remember that a change of terms notice can only be used if the tenancy is month-to-month.)

Post appropriate no-smoking signage where necessary.

As with all other property rules, enforce the no-smoking policy equally.

It may be difficult to evict residents for smoking, as the courts may be reluctant to rule in favor of landlords

on this issue. Proposition 65, the "Safe Drinking Water and Toxic Enforcement Act of 1986,” (Health & Safety Code

Sections 25249.5, et seq.) requires businesses with 10 or more employees to provide notification to individuals about exposures to carcinogens and reproductive toxins – including tobacco smoke.

Do not deny tenancy to an applicant based on the fact that he or she is a smoker. No-smoking policies

should not be cause for claims of unlawful arbitrary discrimination, as long as it is a property owner/manager’s policy to prohibit smoking, rather than to refuse to rent to smokers.

A resident with an unusual sensitivity to tobacco smoke (i.e., asthma, hypothyroid, allergies, etc.) may be

considered disabled under both California and federal law. Such a resident would be entitled to a reasonable accommodation, which could include limitations on smoking in common areas and nearby units from which smoke may drift, allowing the tenant to relocate to another unit or letting them out of the lease.

If advertising your property as non-smoking, consider using the ALA non-smoking logo, if you choose to

use this program.

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Suggestions for Addressing Smoke Damage in Units The following pages offer examples of how to address smoke damaged units. The information is from several sources including industry suppliers and other experts. The information is meant to provide examples of what may be required to mitigate damages to rental units that have been exposed to varying degrees of smoke over varying lengths of time. The SDCAA encourages you to consult an environmental expert to determine the exact process for your community. Be sure to get estimates in writing and that they include costs. If additional steps are identified throughout the process, be sure new costs are presented to you in an itemized fashion and in writing so that you can clearly understand the cost of each repair. The SDCAA does not endorse any specific products, services, or processes and does not guarantee any specific results based on these examples.

Sample Cleaning Procedures Light to Moderate Smoke Damage Days leading up to conversion to non-smoking unit

Make sure smoking unit(s) is vacated

Ensure that in-house staff associated with the project is ready to go and has all needed supplies, such as cleaning agents, replacement pieces, disposal processes, etc. EcoLab makes a series of products for this purpose

o Oasis Pro 53 Up and Away odor eliminator spray o Oasis Pro 81 Carpet extraction cleaner o Oasis Pro 12 Surface Cleaner (walls and hard surface furniture) o Oasis Pro 41 Glass Cleaner

Ensure that any associated vendors are lined up for the conversion day(s). Converting the entire property or setting up smoking areas:

Order all signage (no-smoking or designated smoking area)

Plan to clean all common areas

Ensure that the unit is empty of all belongings.

Clean:

All window coverings (may want to send to a professional or replace)

Change air filters

All walls including ceiling

All windows and glass covering artwork

Thoroughly vacuum carpet, clean carpet, or consider replacing carpet and padding

All vinyl, tile with recommended cleaning agents

Run air scrubber sanitizer Severe Smoke Damage Follow the steps outlined above for vacating, prepping and cleaning the unit.

Some or all of the following additional steps may be necessary depending upon the severity of the smoke damage encountered:

Surface chemical cleaning (smoke odor counteractant or mold odor counteractant)

Ozone treatment (hot/dry fogging)

Thermal fogging (hot/dry fogging)

ULV fogger (cold/wet fogger)

Vapor Shark treatment (for occupied units)

Duct cleaning process

Duct sealing process

Bad odor blocks placement

Carbon odor crystals placement in duct systems

Hydrocide treatments and applications (airborne odor eliminator)

System filter replacements

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Prime surfaces with products such as Killz or Bull’s-Eye or other fiber lock or clear coat sealant to cabinetry and doors if these items still retain the smoke odor. Smoke will penetrate porous materials like doors and cabinets, but laminate is non-porous, so it can usually be cleaned. If the smoke odor is not cleaned throughout, the sealant process is not helpful, as smoke will “bleed” through the sealant. Fiber lock primers are used to seal all of the cleaned areas. Finally, apply new paint to interior walls.

Document everything with pictures, billing statements, etc. during the entire process.

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Sample Survey Letter to Residents [Date]

Dear Resident:

We have recently had a few residents ask if we have any non-smoking units. This has led us to ask for your input on the idea of a no-smoking policy, which could include, but is not limited to, non-smoking units, patios/balconies, buildings, common areas or possibly the entire property.

It is important to us to understand the feelings of our current residents about such a policy. We respectfully request that each of you take a few moments to fill-in the information below and return it to the leasing office by _.

Number of occupants: Community Name: Address:

Please check the statements below that you agree with:

□ All of the occupants in my apartment are non-smokers.

□ The occupants in my apartment include one or more smokers. They choose to smoke (circle all that apply): Inside the unit | On patios/balconies | In common areas | Off the premises

□ I would like to live in a (circle all that apply):

No-smoking unit | No-smoking building | No-smoking property

□ I would like a no-smoking policy to only apply to common areas. Comments:

Thank you so much for taking the time to give us your input. We will share any further steps with you as we figure out the best approach based on your feedback.

Sincerely,

Property Owner/manager

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Sample Written Notice to Residents – Non-smoking Property (In addition to rental/lease addendum)

[Date]

Attention all residents:

This letter is to inform you that the property located at will

be converted to a completely non-smoking property effective .*

We appreciate your tenancy and are dedicated to making this transition as smooth as possible.

What this means is that smoking will no longer be permitted anywhere on the property – in common areas, on patios or balconies, and within the units. This policy will be enforced equally and violators may face eviction.

It is important to note that smokers will still be allowed to live here, but under the new rules, smoking is not permitted anywhere on the property.

We hope that you recognize the benefits of a non-smoking property, including reduced exposure to harmful toxins, fire hazards and litter.

If you have any questions or comments, please contact our office at . We will continue to communicate this transition to you as it progresses. Thank you in advance for your cooperation.

Sincerely,

Property Manager/Owner

* This date must be after the date of the expiration of the longest lease existing at the property.

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Sample Written Warning to Resident of Violation Warning of

Date of Warning: Attn: Unit #:

Owner/agent Name:

Property Name:

Address:

Resident Name:

Address: You are hereby notified that apartment management has become aware of a violation of this property’s no-smoking policy. As a reminder, this policy prohibits smoking at [check all that apply]:

Unit interiors Patios/balconies Lobbies Hallways/sidewalks Playgrounds/tot lots Pool/spa areas Outdoor eating/picnic areas

Recreation areas Laundry areas Courtyards Parking lots Other:

The alleged date of the violation by you or your guest was: We remind you that repeated violations of this policy may result in eviction.

Please sign and date this document to acknowledge its receipt and return it to the property owner, manager or agent thereof. A copy will be provided to you for your records.

Resident’s signature: Date:

Owner/agent’s signature: Date:

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Acknowledgements The SDCAA thanks the following groups or individuals for providing information and guidance on the creation of this packet.

American Lung Association in California – San Diego Black Label Flood and Carpet Professionals Kennedy Restoration Quick Serve SDCAA Committee representatives:

Rick Snyder, R.A. Snyder Properties

Christine LaMarca, The Kevane Co.

Linda Morris, Cambridge Management, Inc.

Kayla Morris, Cambridge Management, Inc.

Renee Savage, Capital Growth Properties

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