By Jonathan Friedman
Lookout Staff

January 20, 2010 -- A proposal to ban smoking in multi-family residential units could be up for City Council discussion in the future. But first the City leaders want to learn about the effects of last year’s ban on smoking in multi-family common areas.

The council members on Tuesday asked City staff to return with a report on the “implementation and effectiveness” of the existing law.

“Once we understand that better, we’ll know how and if and where to move the policy forward,” said Council member Kevin McKeown, hinting at the possibility of a residential unit smoking ban proposal coming before the council in the future.

He added, “We certainly hear the problem and understand the problem. It’s coming up with a workable, responsible solution … and that might take longer than we’re all comfortable with.”

Although discussion at Tuesday’s meeting was supposed to be limited to the existing ordinance, several public speakers talked about their hope for a ban on smoking within apartment units.

Among the speakers was Rent Control Board member Robert Kronovet, who last month unsuccessfully tried to get that board to endorse such a ban.

There has been much concern by rent control advocates that a ban on smoking in apartment units could give a loophole for landowners wanting to rid their complexes of long-term residents who pay significantly less rent than a new tenant would. That issue was also raised before the council approved the common area smoking ban.

Another rent control-related item discussed on Tuesday involves giving a seven-day warning period to tenants before they receive a three-day eviction notice.

McKeown asked City staff to create an ordinance proposal for this. He said this would be for people threatened with eviction for reasons other than failure of payment.

“If you have a plant out on the patio and that’s in violation of your lease, this would mean that the property owner can’t just give you a three-day notice to quit,” McKeown said.

“They have to give you a warning to move the plant from the patio.”

McKeown said creating this warning period would improve the “tone, atmosphere and relationship between property owners and tenants.”

A court decision last year upheld a City of Oakland law that includes a warning period prior to eviction. McKeown said that court decision means such a law could exist in Santa Monica without the fear of legal problems.