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Page 8 of 12 <br />ATTY/ORD.448/SMOKE-FREE HOUSING <br />REV: 11-02-17 RL <br />ii. A clause expressly conveying third-party beneficiary status to all occupants <br />of the Multi-Unit Residence as to the Smoking provisions of the lease or <br />other rental agreement. <br /> <br />C. Existing Units <br /> <br />1. Every lease or other rental agreement for the occupancy of an Existing Unit in <br />a Multi-Unit Residence entered into, amended, renewed or continued month- <br />to-month after January 1, 2018 shall include the following provisions: <br /> <br />i. A clause providing that as of January 1, 2019 Smoking is prohibited in the <br />Existing Unit, including exclusive-use areas such as balconies, porches, or <br />patios, and in any Common Area other than a designated Smoking area; <br />and <br /> <br />ii. A clause expressly conveying third-party beneficiary status to all occupants <br />of the Multi-Unit Residence as to the Smoking provisions of the lease or <br />other rental agreement. <br /> <br />2. Whether or not a Landlord complies with paragraphs A and B above, the <br />clauses required by those paragraphs shall be implied and incorporated by law <br />into every agreement to which paragraphs A and B apply and shall become <br />effective as of the earliest possible date on which the Landlord could have <br />made the insertions pursuant to paragraphs A and B. <br /> <br />3. A tenant who breaches a Smoking provision of a lease or other rental <br />agreement for the occupancy of a Unit in a Multi-Unit Residence, or who <br />knowingly permits any other Person subject to the control of the tenant or <br />present by invitation or permission of the tenant, shall be liable for the breach <br />to (i) the Landlord; and (ii) any occupant of the Multi-Unit Residence who is <br />exposed to Smoke or who suffers damages as a result of the breach. <br /> <br />4. This article shall not create additional liability for a Landlord to any Person for <br />a tenant’s breach of any Smoking provision in a lease or other rental agreement <br />for the occupancy of a Unit in a Multi-Unit Residence if the Landlord has fully <br />complied with this Section. <br /> <br />5. Failure to enforce any Smoking provision required by this article shall not affect <br />the right to enforce such provision in the future, nor shall a waiver of any breach <br />constitute a waiver of any subsequent breach or a waiver of the provision itself. <br />6.4.A. - Page 10