Public Health Division
Public Health Division

New Smoking Law Affects All Berkeley Multi-Unit Housing  

The Berkeley City Council adopted Ordinance No. 7,321-N.S regulating second hand smoke in ALL multi-unit residences and common areas.  As of May 1, 2014, smoking will be prohibited in 100% of multi-unit housing with two or more units (i.e. apartments, co-ops, condominiums, common interest developments, etc). This also includes common areas such as private decks, balconies, and porches of units.

SFMUHEnforcementBelow are resources and materials for property owners and tenants.

NEW: Smoking Complaint Form and Information Sheet

Resources for Landlords & Tenants 

Frequently Asked Questions (FAQ) 

Additional Information

'NO SMOKING' sign (PDF) 
*To order vinyl, self-adhesive, indoor/outdoor signs, please call (510) 981-5330.
*Posting of signs is required as of May 1, 2014.

For more information please contact the Tobacco Prevention Program at:

(510) 981-5330 or via email at   


Resources for Landlords & Tenants

Please Note: The Adobe Adobe Thingy(PDF) files found on this page will require your computer to have the Adobe Acrobat Reader installed.  Click here to download the Adobe Acrobat Reader for FREE.

The following materials are in development and will be posted as soon as they are finalized.  Check back periodically for updates.

  • Tenant education materials in Spanish
    (Available soon!)

All materials currently available for download are also available at:

City of Berkeley Public Health Division
1947 Center Street, 2nd Floor Lobby
Berkeley, CA 94704

Monday - Friday: 8:00 AM - 5:00 PM
*except Holiday and Reduced Service Days

Frequently Asked Questions about the Smoke-Free Multi-Unit Housing Ordinance

Q: How do you define Multi-Unit Residence?
A: BMC 12.70.020 “Multi-unit residence" means a building or portion thereof that contains more than one unit.

Q: How do you define “Unit”?
A: BMC 12.70.020 "Unit" means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, including but not limited to a dwelling unit as defined in Chapter 23F.04, an apartment, a common interest development such as a condominium, townhouse or tenant-in-common, a room in a group living accommodations as defined in Chapter 23F.04, a room in a senior citizen residence, a room in a nursing home, or assisted living facility, a dormitory room, and a Single Residential Occupancy (SRO) room. Unit shall include any associated exclusive-use enclosed or unenclosed areas, including but not limited to a private balcony, porch, deck, or patio.  

Q: I live in a stand-alone building that is considered a “condo” – does the ordinance apply?
A: No 

Q: I live in a single-family home with a detached in-law in my backyard that I rent to a tenant. There are no shared walls/ceilings – does the ordinance apply?
A: No  

Q: I own a condo that is a unit in a larger building. I share walls and ceilings with my neighbors - does the ordinance apply?
A: Yes 

Additional Information & Resources

'Freedom from Tobacco' Quit Smoking Classes - FREE!
Smoke Free Commercial Zones in Berkeley
Tobacco Prevention Program    




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Public Health Division, 1947 Center Street, 2nd Floor, Berkeley, CA 94704
Questions or comments? Email: Phone: (510) 981-5300
(510) 981-CITY/2489 or 311 from any landline in Berkeley
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