Carlsbad Becomes First City in San Diego County to Require Smoke-Free Multi-Family Housing

Carlsbad is now the first city in San Diego County to adopt a smoke-free multi-family housing ordinance after a 4-1 vote by their City Council on Tuesday night.

The ordinance affects all properties with at least three or more units and prohibits any type of smoking, including vaping. The intent is to protect vulnerable residents — infants, children, pregnant women and elderly adults — from second-hand smoke.

Exposure to second-hand smoke reportedly contributes to 41,000 deaths each year in the United States.

This decision follows other cities and counties in California. As of April 1, there are 84 municipalities in the state that have a non-smoking policy in 100% of private units of multi-unit housing properties, according to the American Nonsmokers’ Rights Foundation.

Aside from providing a safe environment, the new policy will help property owners avoid costs associated with removing smoke residue that can get imbedded in drywall, paint, carpeting and curtains.

At the first reading of the ordinance on July 30, the council approved the ordinance in another 4-1 vote.

But reactions to the ordinance haven’t all been supportive.

“We don’t believe this ordinance is good policy. It forces housing providers to serve in an enforcement role — essentially, becoming the ‘smoking police’ — and it makes them more likely to be sued. Unfortunately, this ordinance is likely to lead to evictions at a time when housing is in short supply,” said Alan Pentico, executive director of the Southern California Rental Housing Association.

To address concerns regarding the role of the council in applying laws that regulate actions in a resident’s private home, Mayor Keith Blackburn said, “I’m looking at part of the job of legislator…We have to watch out for the best interest for the majority of the public. That’s why we have so many rules that dictate whether we can smoke in restaurants and all the other things that rules and laws are dictating to make sure we have a good quality of life for everybody.”

Despite these concerns, there were comments in support of the ordinance from community members.

Carlsbad resident, high school student and American Cancer Society-Cancer Action Network volunteer Patrick Mason said, “I am proud that my city will be the first in the county to provide these protections and I hope that tonight’s actions can inspire other cities to take this important step.”