Smoke Free Multi-Unit Housing
Smoking is not allowed in any multi-unit building with two or more units (i.e., apartments, co-ops, condominiums, common interest developments, etc.) in Berkeley, per Berkeley Municipal Code 12.70. This also includes common areas such as private decks, balconies, and porches of units.
To file a complaint, you must live in the same building as the person responsible for causing the smoke. If two separate units in your building submit complaint forms within six months of each other, the City of Berkeley’s Code Enforcement staff will investigate the complaint.
Smoking is prohibited in all areas of multi-unit buildings, including:
- Individual residential units
- Building’s common areas
- Attached outdoor areas, such as patios, balconies, and porches
- Tobacco products
- Recreational and medical cannabis
- Electronic cigarette (e-cigarette, vape, vape pen, etc.)
Multi-unit buildings include:
- Condos in a shared building
- Nursing homes
- Single Room Occupancies (SROs)
The below types of housing are not considered multi-unit buildings and are not covered by the smoke-free ordinance:
- Single family home