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8.A. - Page 14 <br />2. A clause providing that it is a material breach of the agreement for tenant or <br />any other Person subject to the control of the tenant to engage in Smoking in <br />any Common Area of the Multi -Unit Residence other than a designated <br />Smoking area. Such a clause might state, "It is a material breach of this <br />agreement for tenant or any other person subject to the control of the tenant or <br />present by invitation or permission of the tenant to engage in smoking in any <br />common area of the property, except in an outdoor designated smoking area, <br />if one exists." <br />3. A clause providing that it is a material breach of the agreement for tenant or <br />any other Person subject to the control of the tenant to violate any law <br />regulating Smoking while anywhere on the property. Such a clause might state, <br />"It is a material breach of this agreement for tenant or any other person subject <br />to the control of the tenant or present by invitation or permission of the tenant <br />to violate any law regulating smoking while anywhere on the property." <br />4. A clause expressly conveying third -party beneficiary status to all occupants of <br />the Multi -Unit Residence as to the Smoking provisions of the lease or other <br />rental agreement. Such a clause might state, "Other occupants of the property <br />are express third -party beneficiaries of those provisions in this agreement <br />regarding smoking. As such, other occupants of the property may enforce such <br />provisions by any lawful means, including by bringing a civil action in a court of <br />law." <br />C. Whether or not a Landlord complies with paragraphs A and B above, the clauses <br />required by those subsections shall be implied and incorporated by law into every <br />agreement to which paragraphs A and B apply and shall become effective as of <br />the earliest possible date on which the Landlord could have made the insertions <br />pursuant to paragraphs A and B. <br />D. A tenant who breaches a Smoking provision of a lease or other rental agreement <br />for the occupancy of a Unit in a Multi -Unit Residence, or who knowingly permits <br />any other Person subject to the control of the tenant or present by invitation or <br />permission of the tenant, shall be liable for the breach to (i) the Landlord; and (ii) <br />any occupant of the Multi -Unit Residence who is exposed to Smoke or who suffers <br />damages as a result of the breach. <br />E. This article shall not create additional liability for a Landlord to any Person for a <br />tenant's breach of any Smoking provision in a lease or other rental agreement for <br />the occupancy of a Unit in a Multi -Unit Residence if the Landlord has fully complied <br />Page 8 of 12 <br />ATTY/ORD.448/SMOKE-FREE HOUSING <br />REV: 09-27-17 RL <br />