There is no constitutional right to smoke. Banning smoking is not discrimination
Landlords have the legal right to ban smoking in all or part of the rental property, including individual rental units.
''No Smoking" restrictions are the legal equivalent of "No Pets" or ''No loud noises"
The reality is that a landlord will more likely face a lawsuit from a frustrated and medically injured non-smoker than from a nonsmoker. Today's legal climate tends to favor nonsmokers in these kinds of disputes.
If someone is injured by tobacco smoke and takes legal action, your liability insurance may not protect you because tobacco smoke is a pollutant that has been categorized by the California Air Resources Board as toxic with no known safe level of exposure.
The Marin County Department of Health and Human Services, Division of Alcohol, Drug and Tobacco Programs website offers resources, assistance, and an online report form. They will offer assistance to residents and property owners/managers with signage, letters, advice, template rental lease agreements, and articles to help with the transition to 100% smoke-free housing. Questions can be directed to the Tobacco-Related Disease Control Program office at 415-473-3020.