Posts Tagged ‘Tobacco Smoke Disclosure Policy’

Here’s What You Should Do When Your Landlord Sends You This Mandatory Tobacco Smoke Disclosure Letter This Month

Monday, November 18th, 2013

Absolutely nothing.

Say it again, y’all: Absolutely nothing.

Background: District One (aka The Richmond, more or less) Supervisor Eric Mar is a bird of another feather – he wasn’t satisfied with issuing edicts from Academia oh no. He descended from the ivory tower to put dreams into action. And his father passed away from lung cancer (AFAIK, pretty sure), so it would make sense that he wanted to do something for San Francisco renters who have to deal with secondhand smoke coming in from other units.

Get all the deets on San Francisco’s 2013 Tobacco Smoke Disclosure Policy as of last year via this excellent article from Christian Watjen right here.

So that’s the background. What’s going on now is that tenants all over the City are getting alarming/confusing letters from landlords. To wit:

Nervous Gay Couple Living With AIDS Get Letter from the Landlord

Now here’s what you’ll get* if your landlord toes the party line of the San Francisco Apartment Association – an excerpt of the pledge they want you to make:

“For purposes of the Tobacco Smoke Disclosure Policy and SF Health Code 19M, I would like to designate my apartment as non-smoking. I verify that neither I nor my guests will ever smoke tobacco within the rental apartment listed below.”

Uh, so why should tenants make this pledge? It’s not explained in this official SFAA letter now is it? And what if Barack Obama or Bill Clinton drops by your pad a few years from now? They puff puff every now and then, right? So what about your signed pledge, what about that?

And here’s what the lawyer(s) of  the SFAA have for you at the bottom of the letter:

“If you do voluntarily decide to designate your apartment as non-smoking, which you are not required to do, the designation is permanent and becomes a consensual change in the terms of your tenancy.”

Oh.

If you’re living in rent-controlled San Francisco, I think you should get some kind of benefit when you change the terms of your tenancy, you know, as a general rule .

And later on, is your landlord going to complain about how you’re violating the terms of your tenancy when you allowed your future bud / date / friend smoke one cigarette to help her get through one of her stressed out moments?

Or your Euro fiance can’t move in with you in 2015 because your “designation is permanent?”

And should we assume second-hand smoke from clove cigarettes and/or the Mary Jane is good for you, since it’s not covered?

Now, IRL, is this issue going to affect you? Prolly not. But I’m just saying.

So, sign your pledge or just ignore it – choose or lose, maybe.

*Assuming that you’re living in a building with fewer than 50 units and you aren’t restricted from smoking now. This is the notification you’ll get otherwise, possibly, and it’s fair enough. And here’s the full rundown from the SFAA. Again, no objections.

All the deets, after the jump

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