Committee advances bill allowing landlords to adopt smoke-free rules at lease renewal with notice

Chair Pham opened a public hearing on House Bill 41 20 A and staff read the summary: the bill allows landlords to amend smoking policies in ongoing rental agreements only at the end of a fixed term for certain units, requires at least 180 days’ written notice before a policy change can take effect, mandates at least one designated outdoor smoking area on the premises, and does not apply to Type A accessible units.

Representative Darcy Edwards (District 31), the bill sponsor, said the measure balances tenant protections and the need for smoke‑free environments in multifamily housing where secondhand smoke migrates between units. She emphasized the bill provides safeguards including grandfathering of fixed-term leases, no forced evictions for policy changes, and options for designated outdoor smoking areas.

Representative Ricky Ruiz (co-sponsor) highlighted fire-prevention benefits, saying indoor smoking is a known cause of residential building fires and that preserving housing stock is part of addressing the state’s housing crisis.

Testimony in support included Megan Howard (Tandem Property Management), who described an apartment fire in November 2023 tied to smoking that displaced eight households for more than two years; Dr. Bob Benenhoffer (public health/pediatrician) cited Oregon Fire Marshal data on smoking-related deaths and secondhand smoke health risks for children; and Marcel Gizmondo (Multifamily Northwest and landlord-tenant attorney) said the bill would protect renters and help owners secure insurance.

Vice Chair Anderson moved HB 41 20 A to the floor with a do-pass recommendation; the committee recorded affirmative votes and adjourned the session. Several senators asked practical questions about whether a phased, unit-by-unit approach could take years to convert properties to smoke-free, and sponsors noted the change would proceed over time as leases expire.