SENIOR ASSEMBLY PROPOSAL NO. 1

INTRODUCED BY SENIOR ASSEMBLY MEMBERS FRIEDMAN AND WOODS

LEGISLATIVE COUNSEL’S DIGEST

AP 1: MULTI-UNIT HOUSING: NONSMOKING SECTIONS.

UNDER EXISTING LAW, SENIOR CITIZEN HOUSING DEVELOPMENTS ARE SUBJECT TO SPECIFIED DESIGN REQUIREMENTS TO MEET THE PHYSICAL AND SOCIAL NEEDS OF SENIOR CITIZENS.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE OWNERS OF NEWLY CONSTRUCTED AND UNOCCUPIED REFURBISHED SENIOR HOUSING, APARTMENT, AND CONDOMINIUM COMPLEXES TO MAKE NONSMOKING SECTIONS AVAILABLE FOR SENIORS WITHIN THOSE COMPLEXES.

VOTE: MAJORITY.

AP 1: RELATING TO HOUSING

WHEREAS, UNDER THE FEDERAL FAIR HOUSING ACT, AS AMENDED, THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT, AND THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990, THE OWNERS OF HOUSING COMPLEXES ARE REQUIRED TO PROVIDE REASONABLE ACCOMMODATIONS TO INDIVIDUALS WITH DISABILITIES THAT ENABLE EQUAL USE AND ENJOYMENT OF HOUSING UNITS BY THOSE INDIVIDUALS; AND

WHEREAS, THE HOUSING COUNSELORS OF THE HOUSING RIGHTS CENTER RECEIVE MANY TELEPHONE CALLS FROM TENANTS WHO ARE CONCERNED ABOUT TOBACCO SMOKE ENTERING THEIR UNITS; AND

WHEREAS, TOBACCO SMOKE INCREASES THE RISK THAT A DISABLED TENANT’S DISABILITY WILL BE EXACERBATED; AND

WHEREAS, THE CREATION OF AFFORDABLE, SMOKE-FREE MULTI-UNIT HOUSING WOULD PROTECT SENIORS, WHO WOULD OTHERWISE BE ADVERSELY AFFECTED BY DRIFTING TOBACCO SMOKE, FROM EXPOSURE TO SMOKE BEFORE IT OCCURS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2006 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE OWNERS OF NEWLY CONSTRUCTED AND UNOCCUPIED REFURBISHED SENIOR HOUSING, APARTMENT, AND CONDOMINIUM COMPLEXES BE REQUIRED TO MAKE NONSMOKING SECTIONS AVAILABLE FOR SENIORS WITHIN THOSE COMPLEXES; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN20061906407

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