Some Apartment Owners, Tenants See Rights Go Up in Smoke

LOS ANGELES-In a remarkable move that raises Constitutional questions about fairness for apartment tenants and owners alike, West Hollywood’s liberal-leaning City Council has approved a pack of no-smoking laws that allows apartment owners to declare their entire property “smoke-free”–and evict tenants who dare light-up in their own units.

Under the new laws, apartment owners will be able to list individual units or entire buildings as “smoke-free” with a special city registry. When one tenant complains about another’s smoking, the complaint will be arbitrated by the local government. Punishment for ignoring the city arbitrator’s decision can range from a warning or fine to eviction.

For years, West Hollywood has allowed landlords to convert newly vacated apartments into non-smoking units. In essence, the longstanding law has allowed an apartment owner to automatically reject a tenant who smokes, even if the prospective renter is a racial or ethnic minority, handicapped or has other protections under Civil Rights laws.