City of Fresno Smoke-Free Multi-Unit Housing

To protect residents from the health hazards of second or third-hand smoke exposure, the Fresno City Council adopted a comprehensive ordinance that includes multi-unit housing. Effective January 1, 2022, smoking will be prohibited in 100% of all multi-unit housing including common interest complex (condos, planned unit developments, and co-ops) units. Residents are still allowed to smoke in their private patios and balconies.

Section 10-2002. Smoking Restrictions

(a) Effective January 1, 2022, smoking is prohibited anywhere on the premises of a multi-unit rental property, including units, common areas, and other outdoor areas.

(b) Notwithstanding subsection (a), smoking is permitted in designated smoking areas if they meet the following conditions:

(1) It is an exclusive use outdoor area; or

(2) It is an unenclosed enclosed area at least 20 feet from

(i) Outdoor recreation area such as a tennis court, swimming pool, or picnic area; or

(ii) Outdoor area primarily used by children such as a playground; or

(iii) Doorway, entryway into a unit or common area, ventilation system, window, or air conditioner unit.

(3) Designated smoking areas other than exclusive use outdoor areas must have a clearly marked perimeter, and be identified by conspicuous signs.

(c) No person with legal control over any nonsmoking area of a multi-unit rental property shall permit smoking in the nonsmoking area, except as provided in subsection (b).

(d) No person with legal control over a common area in which smoking is prohibited by this Ordinance or other law shall permit the presence of ashtrays, ashcans, or other receptacles designed for or primarily used for disposal of smoking waste within the area.

Property Owner/Managers Have the Following Obligations:

1. Not allow people to smoke in nonsmoking areas (10-2002(c), 10-2004(d))
2. Posting of “No Smoking” signage in common areas consistent with the signposting requirements of City of Fresno Ordinance No. 2021-045.
3. All potential tenants after January 1, 2022, must be notified about the ordinance at the time of application. See the attached Notification Letter to Tenants.
4. All new leases initiated after January 1, 2022, must include non-smoking provisions. Lease Clause Prohibiting Smoking.
5. All existing tenants must be notified of the new ordinance by providing a copy of the Ordinance Brochure no later than January 1, 2022 and must be offered a voluntary no-smoking lease addendum by property owners/managers. Voluntary Lease Addendum.
6. Disclosure about the ordinance must be included in all condominium sales contracts after January 1, 2022.
7. Provide notice to violating tenants of landlord’s knowledge of the violation and consequences for continued violation (10-2004(e)) [Tenants Courtesy Notice]

Tenant Resources

We encourage members of the public to follow the steps we have outlined below.

Step 1: Prior to reporting to the City of Fresno, it is recommended to first speak with your neighbor to see if the issue can be addressed.

Step 2: If the issue persists, report to your property management and document in writing your communication to management or your landlord.

Step 3: If no action is taken, residents can report smoking within units to the City in the following ways:

• FresGo
• 3-1-1 One-Call-Center
• Or by calling our City Attorney’s Office, Code Enforcement Division at (559) 621-8400

Contact Info for City Enforcement

The City of Fresno has multiple options in which the public can report violations of the Smoke Free Multi-Unit Housing Ordinance. Below are the options available:

1. FresGo
2. 3-1-1 One-Call-Center
3. Or by calling our City Attorney’s Office, Code Enforcement Division at (559) 621-8400