Not Wanting to Catch the Drift

One of the downsides of urban living is the close proximity of neighbors who may engage in activities that make it difficult for the “quiet enjoyment” of your domicile. When the issue is secondhand tobacco smoke, it is sometimes difficult to know how best to bring it up. After all, they know where you live!

The good news here in Alameda is that we have a law that prohibits smoking in all multi-unit housing, including inside units, and all indoor and outdoor common areas. Unless a landlord has designated an outdoor smoking area that is clearly designated with signage and is at least 20 feet from all of the protected areas, there is no area on the entire property where smoking is allowed. The bad news is that with all quality of life laws, it is up to the complainant to do some work. Police can only cite someone for smoking if they witness it. But, by the time they arrive, the person has finished his/her cigarette and is long gone. The way to approach the problem is to encourage/motivate the property owner to be in compliance with the law and to encourage the neighbor to work with you to "fix" the problem.

FIRST, determine where the smoke is coming from and how it is entering your unit.

1. Keep a journal of the smoke intrusions. Writing it down will help you look at the problem more calmly and will help you talk about the problem. Should anyone challenge your complaint, you will have it all in writing and you can refer to each incident, what happened, what you did/say, and what the response was.
   1. Sample: Tues., Jan. 20, 2015, 12:00 midnight. I was awakened by the smell of smoke. It was coming through the bathroom vent. I could hear noise from the unit above. I called my neighbor the next day at 9 am to let her know that the smoke was bothering me. She said she couldn’t sleep and thought smoking would help
2. If you are a renter, check your lease. It should have a no smoking section. The Alameda ordinance cites the California Apartment Association’s lease addendum as containing the appropriate sections. https://cchealth.org/tobacco/secondhand-smoke/pdf/landlords_lease_addendum.pdf You should have a reasonable expectation that the building is nonsmoking and that all of the other tenants have the same lease provisions.
3. Talk to the neighbor to see if he/she would be willing to change where s/he smokes such that it does not seep into your living space. “I’d like to chat with you on how we can solve a problem,” is a good starter. People who smoke become defensive very quickly. Talking about how the smoke affects you helps to differentiate the person from the smoke.
4. Talk to the property manager about the smoke intrusion and ask him/her what can be done. As per the ordinance, the landlord should have NO SMOKING signage posted in common areas and should be sending out a reminder to all tenants about the law whenever a complaint is made. It is a breach of the lease agreement for tenants, their guests and visitors to smoke on the premises.
5. Write a complaint letter to the property manager and the owner and attach any supporting documents – like the ordinance summary, the lease addendum, etc.

Other actions you can take:

• Talk with other neighbors to see if any of them are smelling the smoke. Ask them if they would be willing to also complain.
• Contact Americans for Nonsmokers Rights https://no-smoke.org/about-us/contact-us/ and/or the County tobacco control program tobaccofreealamedacounty@gmail.com . They have staff who may be able to assist.

RESOURCES

City of Alameda Secondhand Smoke Ordinance Fact Sheet: https://www.alamedaca.gov/files/assets/public/smoking_ordinance_fact_sheet.pdf

City of Alameda Municipal Code- Smoking in Housing 24.12 https://library.municode.com/ca/alameda/codes/code_of_ordinances?nodeId=CHXXIVPUHE_24-12SMPRHO

The Smoker Next Door, http://www.no-smoke.org/pdf/smokernextdoor.pdf

Legal Options for Tenants https://www.changelabsolutions.org/product/legal-options-tenants-suffering-drifting-tobacco-smoke