Housing Policy & Resource Committee MeetingWork Session on Smoke Free Multi-Family Unit Ordinance Leigha Schmidt, Principal Planner
September 18, 2025
Background
2022: Hayward kicked off General Plan Updates related to the Housing Element, Climate Action Plan, the Hazards Element & new Environmental Justice Element.
During outreach process, La Familia conducted surveys at 51 multi-housing unit properties and 213 resident. 74% of respondents indicated support for adoption of smoke-free property policies and lease agreements.
Source: Alameda County Department of Health
Background
January 2024: City Council adopted a new General Plan Environmental Justice Element with Policy EJ-1.19 to adopt regulations prohibiting smoking in multi-family housing.
June 4, 2024: the City Council adopted an updated Strategic Roadmap with Project CP8, “Prepare an ordinance to create smoke-free multifamily housing” under the Confront Climate Crisis & Champion Environmental Justice Strategic Priority. 2025: City hired M Group to kick off outreach in partnership with Eden Youth & to help prepare an ordinance.
What is Secondhand & Thirdhand Smoke?
Secondhand Smoke is:
The smoke exhaled from smokers
The smoke released by tobacco or marijuana when burned
The aerosols released from vaping
Thirdhand smoke is:
Lingering tobacco residue
Sticks to furniture, clothes, walls & ceilings
Remains in room even after smoking has stopped
Source: Alameda County Department of Health
Impacts of Second & Thirdhand Smoke
in Multi-Unit Housing
In multi-unit housing which is defined as residential buildings with two or more units (apartments, condos, townhomes, duplexes) smoke drifts through:
Windows
Walls
Ceiling Crawl Spaces
Shared ventilation systems & electrical outlets
Doorways and down hallways
Across balconies & patios
Source: Alameda County Department of Health
Smoke Free Housing Policies
in California & Alameda County
According to the Policy Evaluation Tracking System monitored by the American Nonsmokers Rights Foundation:
101 California municipalities have enacted ordinances regulating smoking in private multi-family housing units.
In Alameda County, eight cities and the unincorporated County have regulations prohibiting smoking in some or all multi-family units.
Public Outreach
May 20, 2025 - Community Meeting at Eden Youth & Family Center.
February through May 2025: E-mails, phone calls, and text messages sent to 23 rental property managers and six home-owners associations in Hayward.
February 22, 2025: Placed 245 door hangars at Park Orchard, Legacy, The Mix and Gading Apartments and spoke to residents about the proposed regulations.
Through this outreach, Eden Youth collected over 400 Statements of Concern related to smoking in multi-family units.
May 2 through July 25, 2025 - Alameda County Public Health Department conducted Hayward survey of 361 residents’ attitudes on smoke-free housing.
Hayward’s Smoking Pollution Control Ordinance
Hayward Municipal Code Chapter 5, Article 6 Smoking Pollution Control prohibits smoking in a variety of enclosed and public places.
The current ordinance:
Exempts private residences
Prohibits smoking in all rights of way
Allows smoking in up to 35% of hotel/motel rooms
Source: Public Health Law Center
Alameda County Health Department
The Alameda County Health Department Tobacco Control Program provides support to Emeryville, City of Alameda & County Code Enforcement in screening & investigating initial complaints and provides up to three warning letters to potential violators. A majority of complaints are resolved through this process.
If individuals continue to violate the ordinance, County Health refers the complaint and related evidence to local Code Enforcement agency to levy escalating fines on the violator & landlord which could result in appeals.
Alameda County Health Involvement &
Options for Enforcement
1) Administrative Code Enforcement Option
Alameda County Warning Letters
Code Enforcement penalties on violators and possibly landowners More consistent compliance with the ordinance
2) Passive Ordinance Option
Adopt ordinance prohibiting smoking within multi-family units County Health would provide signage and educational materials but would not screen complaints or send warning letters Landlords may enforce through leases & individuals may pursue relief through civil remedies Even with robust County Health screening & initial outreach, they recommend the City adopt an ordinance with Administrative Penalty process to ensure compliance.
This level of enforcement is anticipated to require one additional Full Time Employee in Code Enforcement.
Questions for Discussion
Should the current Smoking Control Ordinance be amended to:
Prohibit smoking in all attached housing regardless of tenure including apartments, townhomes, condominiums, or any housing with shared ventilation? Allow smoking in public right-of-way to provide a space for people to smoke a minimum distance from housing? Prohibit smoking in all motel/hotel rooms?
With regard to enforcement & Alameda County Health Department involvement:
Does the HPRC support a more passive or active enforcement strategy understanding that the active strategy would require additional staffing and have a general fund impact? Does the HPRC support having Alameda County provide education, complaint screening & warning letters free of charge to the City of Hayward though services may be discontinued at some point in the future? Does the HPRC support the ability of the landlord to terminate tenancy of a unit if the tenant has multiple violations, warnings and/or fines regarding their smoking? Does the HPRC support including fines on landlords for violations of the ordinance understanding this strategy would also require additional staffing and have a general fund impact?