Assembly Bill 746 Was to Infringe on Rights of Law Abiding Tenants

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Committee stubs out anti-smoking bill opposed by CAA

The Assembly Housing and Community Development Committee last week stubbed out a bill by Assemblyman Marc Levine that would have banned smoking in apartments, condos and townhomes.

"Assembly Bill 746 would have created an enforcement nightmare for property managers while infringing on the privacy rights of law-abiding tenants," said Debra Carlton, senior vice president of public affairs for the California Apartment Association. "We also want to remind Californians that property owners already have the right, thanks to legislation we sponsored, to ban smoking at individual properties."

CAA had asked the assemblyman for clarifying amendments that would give property owners liability protection should tenants ignore the mandates in his proposed law. At the same time, CAA asked for clarification regarding an owner's ability, if so desired, to terminate the tenancy of a resident who violates the anti-smoking rules. Levine declined those amendments.

While AB 746 failed in committee on a 5-2 vote, Levine does have permission to reintroduce the bill.

"We'll work on it and work with the members of the committee to see if we have something that can be successful," Levine told the Marin Independent Journal.

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