Councilman John Duran (photo by Luke Harold)

Though no action was taken, the West Hollywood City Council devoted more than an hour of its July 15 meeting to smoking in multi-family housing.

Council members and public speakers discussed what might be done to find a middle ground between those who light up tobacco – and cannabis, since its smoke is not differentiated from tobacco in state law – in their homes and those who claim the smoke is harmful to their health and hurting their quality of life.

Landlords can designate their properties as smoke-free in West Hollywood, and new leases can be non-smoking. Older leases can still allow smoking because in rent-stabilized units, the terms of the lease cannot change until a new tenancy begins, meaning that if smoking was allowed in the unit when the lease began, the property owner cannot ban smoking in the unit now, said Pete Noonan, the city’s rent stabilization and housing manager.

Some residents say even in smoke-free units, there aren’t any consequences for those who break the rules.

West Hollywood resident Ann Goldman said she is asthmatic and has COPD, which is worsened by smoke from her neighbors’ unit that enters her apartment. Goldman said her building was designated smoke-free in 2015, but the landlord still allows her downstairs neighbors to smoke.

“There are no teeth in the ordinances … there’s no place to complain to,” she said.

After approximately 30 minutes of public comment, the council members took up the discussion. Councilman John Duran said smoking, which has come up multiple times during his tenure on the council, pits health concerns against issues of privacy and property rights.

Duran said while the health issues must be addressed, the culture of West Hollywood is one of adults making decisions concerning their health and having a good time. He added that while this meeting was dominated by non-smoking advocates during public comment, he expected that “the pendulum is going to swing the other way with the other people who don’t want us to tell them what to do within the privacy of their own homes” at future meetings.

“Drinking too much, smoking too much, partying too much, that is part of the culture of this city,” Duran said. “To suggest that it’s not means that you don’t know our city. You don’t understand our city if you think that is not part of the lifestyle of West Hollywood.”

Councilman John Heilman, however, said he feels that all new multi-family residential buildings and all new tenancies should be smoke-free, as should all common areas in apartment buildings and condominiums.

Heilman directly addressed some of the points made by Duran in stating his case.

“You mentioned this is an item of personal liberty, and personal liberty, of course, we’re all for, but not when it impinges on my ability to breathe,” Heilman said.

Mayor John D’Amico said using the city’s current method of making new tenancies smoke-free, it could take 20 years for West Hollywood to become smoke-free as a city, something he said wasn’t “aggressive enough.” Councilwoman Lauren Meister, however, said she wasn’t ready to go entirely smoke-free like nearby Beverly Hills, which recently banned almost all tobacco sales.

“I’m not ready to go to that extreme,” said Meister, who added that there should be some sort of recourse for people who think they’re renting or buying a unit in a smoke-free building, only to find out that’s not the case.

Duran, an attorney, also raised issues of enforcement, saying it may be hard to ensure compliance with a ban on people smoking in their own homes without a warrant signed by a judge.

“At what point does government intrusion stop?” Duran asked.

Heilman, however, compared the smoking issue to a noise ordinance.

“It’s something you’re doing in the unit that’s adversely impacting those outside of the unit,” Heilman said. “I don’t see why we can’t do the same thing when secondhand smoke is escaping from a unit and adversely impacting those outside of it.”

Councilwoman Lindsey Horvath said she lives in a multi-family housing complex where smokers also live, and agreed with Duran that there might be opposition to a ban from those who would like to be able to smoke in their own homes. However, the health of non-smokers must be protected just as personal liberties are, she said.

Horvath said she wanted to hear more from the community before any action was taken, and smoking cessation plans may help ease the problem.

“I think there’s opportunity here for education,” Horvath said. “This isn’t just a punitive action. I don’t think that’s what any of us are trying to communicate at this point. We just don’t want to be punished by other people’s adult choices in our homes and in their homes.”

At the end of the council’s discussion, staff was directed to return to the council within the next six months with a recommended action or a request for more time.

This story was updated at 3:57 p.m. on July 18 to reflect that while new leases can be designated as smoke-free in West Hollywood, there is no city regulation that requires new leases to be non-smoking.