AB 746 (Levine, D-San Rafael) was rejected by the Assembly Housing and Community Development Committee yesterday. The bill would have prohibited smoking in most rental living arrangements including multifamily living arrangements ranging from duplexes to apartments. Communities where structures share walls, ceilings, ventilation systems would fall under the restriction.
The opposition gained traction with their argument that the bill is unenforceable as currently written and would disproportionately affect low income tenants. The apartment association also argued that landlords could face liability under the bill for failing to provide a designated smoking space, for example due to a lack of space.
The committee rejected the bill on a 5-2 vote. The two “aye” votes included Assemblymembers Chau (D-Alhambra) and Mullin (D-San Mateo). The five “no” votes includes Assemblymembers Torres (D-Chino), Gaines (R-Roseville) , Atkins (D-San Diego), Brown (D-San Bernardino) and Maienschein (R-San Diego).
The bill was sponsored by the American Lung Association and supported by LeadingAge California and other healthcare organizations. The bill was opposed by the state and local apartment associations.
