DATE: September 18, 2025
TO: Housing Policy & Resource Committee
FROM: Deputy Director of Development Services
SUBJECT
Title
Work Session Regarding Development of an Ordinance Prohibiting Smoking in Multi-Family Attached Housing
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RECOMMENDATION
Recommendation
That the Housing Policy & Resource Committee (HPRC) provide feedback and guidance related to adoption of a Smoke Free Multi-Family Ordinance to prohibit smoking within attached multi-family rental and ownership housing, hotels and motels and related enforcement.
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SUMMARY
In 2022, the City of Hayward kicked off the update to the Housing Element, Climate Action Plan, Hazards Element and preparation of a new Environmental Justice Element. Outreach for all of these elements was conducted between 2021 and 2023 to ensure comprehensive and consistent messaging and policy development around the topics of housing, environmental justice and community health, safety and hazard planning and climate change. The resulting Environmental Justice Element contained Policy EJ-1.19, to adopt regulations prohibiting smoking in multi-family housing. On June 4, 2024, the City Council approved a Strategic Roadmap (FY 2024-2025+) including Project CP8, “Prepare an ordinance to create smoke-free multifamily housing” under the Confront Climate Crisis & Champion Environmental Justice Strategic Priority.
In January 2025, the Development Services Department entered into a contract with M-Group, to assist in developing an ordinance prohibiting smoking tobacco, cannabis and electronic smoking devices in multi-family housing defined as lots with two or more attached units that share walls and/or ventilation systems; to coordinate with community organizations; conduct outreach; and to develop an implementation plan with quantifiable metrics following adoption of an Ordinance.
This staff report contains various policy questions related to applicability, enforcement and Alameda County Health Department involvement and that will guide staff in the expansion of the Smoking Pollution Control Ordinance to include a prohibition of smoking in multi-family residential developments and related enforcement.
ATTACHMENTS
Attachment I Staff Report
Attachment II May 20, 2025 Community Meeting Summary
Attachment III Alameda County Department of Health Sample Memorandum of Understanding & Sample Letter of Agreement
Attachment IV Alameda County Department of Health Complaint Process and Sample Warning Letters
Attachment V Alameda County Department of Heath August 2025 Survey Summary and Results