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  • Livable Neighborhoods
  • Smoke Free Multi-Unit Housing
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Smoke Free Multi-Unit Housing

Smoking is prohibited in all multi-unit buildings in Berkeley. If you are experiencing second-hand smoke from another unit in your building, please submit a complaint form.

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. 

Submit a complaint form

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

Smoking includes:

  • Tobacco products
  • Recreational and medical cannabis
  • Electronic cigarette (e-cigarette, vape, vape pen, etc.)

Multi-unit buildings include:

  • Apartments
  • Duplexes/Triplexes
  • Condos in a shared building
  • Nursing homes
  • Dormitories
  • 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

Related Documents

Document
  • No Smoking Sign (95.01 KB)
Document
  • Multi Unit Smoking Lease Clause (82.31 KB)
Document
  • Multi-unit smoking brochure (157.68 KB)
Document
  • Multi Unit Smoking Brochure Spanish (446.84 KB)
Document
  • Multi Unit Smoking Complaint Form (355.32 KB)
In this section
Livable Neighborhoods
  • Mini Dorm Registry
  • Noise Standards
  • Abandoned Autos
  • Request Traffic Calming
  • Rodents and Pests
  • Short-Term Rentals
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  • Smoke Free Multi-Unit Housing
  • Wood Smoke Rules
  • Sewage Spills & Sewage Releases
Tobacco Prevention Program
Email: quitnow@cityofberkeley.info
Phone: (510) 981-5330

Related BMC

  • Berkeley Municipal Code 12.70

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