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Home My WebLink About2024-02-08; Housing Commission; ; Education and Enforcement Options to Help Implement a Potential Smoke-Free Multifamily Housing OrdinanceMeeting Date: Feb. 8, 2024 To: Housing Commission From: Mike Strong, Assistant Director of Community Development Staff Contact: Mike Strong, Assistant Director of Community Development mike.strong@carlsbadca.gov, 442-339-2721 Subject: Education and Enforcement Options to Help Implement a Potential Smoke-Free Multifamily Housing Ordinance District: All Recommended Action Receive report and provide feedback. Executive Summary Every city in California is required to have a current Housing Element in its General Plan. The Housing Element is a plan that provides an analysis of a community’s housing needs for all income levels, along with strategies to respond to and provide for those housing needs. In addition to policies, programs and objectives that encourage housing development, the Housing Element also includes programs that promote safe and healthy living environments. The City Council adopted an update to Carlsbad’s Housing Element in 2021 that included numerous programs the city is required to implement. Specifically, Program 1.12 directs the city to consider the adoption of a smoke-free ordinance for multifamily housing by December 2023. To fulfill this requirement, on Aug. 22, 2023 the City Council considered several options to develop a smoke-free multifamily housing ordinance and provided direction to staff to pursue a smoke-free multifamily housing ordinance. The City Council also expressed interest in reviewing potential education and enforcement options, while minimizing impacts to staffing resources. The purpose of the Feb. 8, 2024 Housing Commission meeting is to consider potential education and enforcement options and provide feedback to staff. Explanation & Analysis Smoking is not currently prohibited on private residential property. However, state law already prohibits smoking in most indoor common areas of apartments and condominium complexes, such as a laundry room or lobby areas with mailboxes. For tenants and owners of multifamily housing, such as apartments and common interest communities, tobacco smoke from a neighboring unit that infiltrates their homes can pose a daily problem. As a result, many local governments have taken proactive steps to prevent or eliminate secondhand smoke from HOUSING COMMISSION Feb. 8, 2024 Item #1 Page 1 of 4 infiltrating living spaces. Although many cities have enacted ordinances prohibiting smoking in all rental multi-unit housing properties (75+ California cities and counties), no municipalities in the San Diego region, including the County of San Diego, have adopted laws that partially or wholly restrict smoking in multi-unit housing. On Aug. 22, 2023, the City Council received a presentation regarding smoke-free multifamily housing policy options and directed staff to pursue an ordinance to prohibit smoking in multifamily housing. During the Aug. 22, 2023 discussion about the potential ordinance, some concerns were raised about staffing resources. The Code Enforcement Division and Police Department currently have minimal resources to conduct additional enforcement efforts. Although the City Council has already expressed concerns about staff resources and a city role in enforcement, it is important to note that sufficient education mechanisms can increase compliance rates and reduce the need for active enforcement. In response to City Council’s direction, staff is preparing the smoke-free multifamily housing ordinance that addresses previous comments from the City Council. If a smoke-free multifamily housing ordinance is adopted, implementation of the ordinance includes all the steps necessary for the city to administer its smoke-free housing law. Both education and enforcement are important to ensure effective compliance of smoke-free multifamily housing policies. At the Feb. 8, 2024 Housing Commission meeting, the Housing Commission should consider how education and enforcement should be considered as part of any smoke-free ordinance and provide feedback to staff. A list of the potential steps for education and enforcement are included below. The menu of options reflects concerns received at prior meetings and City Council direction to minimize the city’s role with ordinance enforcement. A. Education 1.Educate the public and provide notice about the new policy. •Make information available online, through social and local media, and at community meetings. This information should include an explanation of the new law, a summary of the provisions, the effective date, and resources on smoking cessation. •City website. The website may also include additional resource information and links to the websites of advocacy groups. •Press releases. •Identify stakeholders: Chamber of Commerce, industry associations, advocacy groups, rental or property management companies, property owners, and residents. •Target outreach to relevant stakeholders, including homeowners’ associations and landlord and tenant groups. -In-person visits -Host public education workshops -Mailers -Social media 2.Provide resources for property management companies and property owners. •Provide sample smokefree or “No Smoking” signage. Feb. 8, 2024 Item #1 Page 2 of 4 •Provide sample notification letters explaining the new law for tenants and condominium owners. •Provide sample language for leases and/or covenants, conditions, and restrictions (CCRs). •Provide sample warning letters (for use by property owners and homeowners’ associations) 3.Provide resources for tenants and condominium owners. •Provide information on how to comply with the new law (in different languages as appropriate). •Provide sample complaint forms (for use by residents). •Provide smoking cessation resources. •Prepare informational materials to be mailed encouraging and providing them the tools to implement smoke-free policies by highlighting the benefits of these policies. 4.Set up a system to provide up-to-date information and handle complaints. •Identify the department and staff that will respond to questions and handle complaints. •Establish a phone number, e-mail address, and/or web-based form for questions and complaints. •Establish procedure for responding to complaints, ensuring interagency collaboration where appropriate (e.g., the Police Department, City Manager’s Office, local Department of Public Health, etc.). B. Enforcement Options (Refined to Minimize Staff Impacts) 1.Graduated enforcement by the landlord. •Taking tiered steps to violations such as verbal or written warnings to tenants, informal conferences, or requiring written acknowledgement of the policy. •Providing cessation materials. 2.Administrative enforcement against the property management company or property owner (enforcement through lease). •The city can use existing administrative enforcement procedures to enforce a smokefree housing ordinance. Civil fines for violations can be effective at incentivizing enforcement by landlords rather than the city. 3.Private Enforcement. •The city may include a provision in its smokefree housing law that allows enforcement by private individuals. An individual may then enforce the ordinance by bringing a civil suit on behalf of himself or herself, or on behalf of the general public. Fiscal Impacts Receiving this report has no fiscal impact. Developing an ordinance will require staff time to develop the code amendments. Implementing a smoke-free multifamily housing ordinance may have resource impacts on city staff time and financial resources depending on the level of enforcement and/or outreach required. Based on other California cities with city-wide smoke- Feb. 8, 2024 Item #1 Page 3 of 4 free multifamily policies, the enforcing agency may field 1-10 complaints per month in the initial 12-month period after the policy goes into effect. However, with proper education and outreach prior to the policy going into effect, and consistent education when complaints are received, that number decreases over time. Next Steps Community Development staff will implement the direction received from the City Council and return to the City Council with a proposed smoke-free multifamily housing ordinance for the council’s consideration in the spring. Feedback from the Housing Commission will be considered as part of the ordinance’s development and any feedback provided will be summarized to the City Council for review and consideration. Environmental Evaluation This is a discussion item only. Under Public Resources Code section 21065, this action does not constitute a project within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore, does not require environmental review. Exhibits None. Feb. 8, 2024 Item #1 Page 4 of 4