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Board delays citywide ban on indoor smoking in multiunit housing, sends measure back to committee after close debate
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Summary
Supervisors voted 6–5 to send an ordinance that would prohibit smoking inside private dwelling units in multiunit housing with certain exemptions back to committee for further work after members raised concerns about unintended consequences for long-term, rent‑controlled tenants and enforcement.
The Board of Supervisors on Dec. 8 voted to send an ordinance amending the Health Code — which would prohibit smoking inside private dwelling units in multiunit housing of three or more units and require disclosures by owners and managers — back to committee for further refinement.
Why it mattered: The proposal aimed to reduce exposure to secondhand smoke in multiunit residences but drew concern that the measure’s enforcement could create unintended harms for long-term, rent‑controlled and elderly tenants who lack no‑smoking clauses in legacy leases.
What happened in debate: Supervisor Aaron Peskin said he had reversed his prior support after hearing from long-term, fixed-income tenants worried the ordinance could expose them to fines or eviction-like enforcement even where there was no history of neighbor complaints. Peskin moved to send the item back to committee; Supervisor Preston seconded the motion. Other supervisors emphasized the health harms of secondhand smoke and the need to protect residents living in dense housing; Supervisor Walton asked that the board commit to working toward tenant protections while moving to address secondhand smoke.
Board process and vote: After debate and procedural motions to end debate, the board voted to send the measure back to committee. Following a brief procedural rescission and re-vote, the final recorded vote on the motion to send item 14 to committee was 6 in favor and 5 opposed; supervisors Safaie, Stephanie, Yi, Feuer and Mandelmann voted no.
Next steps and issues to resolve: Supervisors asked for further work to balance protections for tenants and public health. Specific open issues include: how enforcement would operate, whether fines or penalties would apply to residents, and how to protect elderly and long-term tenants who lack no-smoking lease provisions. Several members suggested duplicating files or drafting a companion measure with explicit tenant protections so the board could proceed while safeguarding vulnerable residents.
Quote: “I’m fearful that the unintended impacts could cause more harm to long-term tenants,” Supervisor Aaron Peskin said during debate, describing outreach from elderly residents in his district.
