SMOKE-FREE PROPERTY ADDENDUM 


This document is an Addendum and is part of the Rental Agreement, dated 
(text) 


_ 
between the Housing Authority of the City of Alameda 
(text) 


(Owner) and _ 
_________(Resident) for the premises located at: 
(text) 


Alameda, CA 94501 

1. 
Purpose: The parties desire to mitigate (i) the irritation and known health 
hazards of secondhand smoke (ii) the increased risk of fire from smoking; 
(iii) the increased maintenance, cleaning, and redecorating costs from 
smoking; and (iv) the high costs of fire insurance for properties where 
smoking is permitted. 
2. Smoke-Free Property: 
Resident agrees and acknowledges that smoking is 
prohibited on the entire property, including individual units, common areas 
and every building and adjoining grounds. Resident and member(s) of 
Resident’s household shall not smoke in these areas, nor shall Resident 
permit any guest or visitor under control of Resident to do so. 
3. Promotion of No-Smoking Policy: 
Resident shall inform guests that there 
is a no-smoking policy for the entire property. Resident shall promptly notify 
Owner in writing of any incident where tobacco smoke is migrating into 
Resident’s unit from sources outside of Resident’s unit. 
4. Owner 
Not Guarantor of Smoke-Free Environment: Resident 
acknowledges that Owner adoption of a non-smoking policy does not make 
the Owner the guarantor of the Resident’s health or of the smoke-free 
condition of complex as listed in Section 3 above. However, Owner shall take 
reasonable steps to enforce this addendum. Owner shall not be required to 
take steps in response to smoking unless Owner has knowledge or has been 
provided written notice. 
5. 
Other Residents Are Third Party Beneficiaries of this Addendum: Owner 
and Resident agree that the other Residents of the property are third-party 
beneficiaries of this Addendum. A Resident may sue another Resident to 
enforce this Addendum but does not have the right to evict another Resident. 
Any lawsuit between Residents regarding this Addendum shall not create a 
presumption that the Owner has breached this Addendum. 

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6. 
Effect of Breach: A breach of this Addendum by the Resident shall be 
deemed a material breach of the Rental Agreement and grounds for 
termination of the Rental Agreement by the Owner. 
7. 
Disclaimer: Resident acknowledges that this Addendum and Owner’s efforts 
to designate Smoke-Free Areas do not in any way change the standard of 
care that the Owner would have to any Resident household to render the 
property and premises designated as smoke free any safer, more habitable, 
or improved in terms of air quality than any other rental premises. Owner 
specifically disclaims any implied or express warranties that the building 
common areas or Resident’s premises will have any higher or improved air 
quality standards than any other rental property. Owner cannot and does not 
warrant or promise that the Rental Premises or any other portion of the 
property including common areas will be free from secondhand smoke. 
Resident acknowledges that Owner’s ability to police, monitor or enforce this 
Addendum is dependent in significant part on voluntary compliance by 
Resident and Resident’s guests. 
8. 
Inspection: Following the receipt of a violation of the no-smoking policy, 
tenant agrees to allow the Housing Authority to inspect apartment for 
evidence of smoking. Resident will be given twenty-four hours notice of 
inspection. 
The undersigned Resident(s) acknowledge(s) having read and understood the 
foregoing. 

Date Resident 
Date Resident 
Date Owner 

G:\Policy & Procedures Manual\Section I Housing Programs\I23 Tobacco Smoke-Free Policy\Tobacco 
Smoke-free Property Addendum.doc