a. Every lease or other rental agreement for the occupancy of a Unit in a Multiple Family Building, entered into, renewed, or continued month-to-month after May 1, 2016, shall include the provisions set forth in subsection b. below on the earliest possible date when such an amendment is allowable by law when providing the minimum legal notice.
1. A clause providing that as of May 1, 2016, it is a material breach of the agreement for the tenant or any other person subject to control of the tenant to engage in or allow Smoking in the Unit, including exclusive- use areas such as balconies, porches, or patios or in any Common Area of the property other than a designated Smoking area.
2. A clause expressly conveying third-party beneficiary status to all occupants of the Multiple Family Building as to the Smoking provisions of the lease or other rental agreement, granted those occupants the legal right to enforce the provisions of the lease.
b. Whether or not a Landlord complies with subsection a. above, the clauses required by that subsection shall be implied and incorporated by law into every agreement to which subsection a. applies and shall become effective as of the earliest possible date on which the Landlord could have made the insertions pursuant to subsection a.
c. A tenant who breaches a Smoking provision of a lease or other rental agreement for the occupancy of a Unit in a Multiple Family Building, or who knowingly permits any other person subject to the control of the tenant or present by invitation or permission of the tenant, shall be liable for the breach to (i) the Landlord; and (ii) any occupant of the Multiple Family Building who is exposed to Smoke or who suffers damages as a result of the breach.
d. This chapter shall not create additional liability for a Landlord to any Person for a tenant’s breach of any Smoking provision in a lease or other rental agreement for the occupancy of a Unit in a Multiple Family Building of the Landlord has fully complied with this Section.
e. Failure to enforce any Smoking provision required by this chapter shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself.
(Ord. #2015-04, §6)