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11/13/2017 ii. A clause expressly conveying third -party beneficiary status to all occupants of the Multi -Unit Residence as to the Smoking provisions of the lease or other rental agreement. C. Existing Units 1. Every lease or other rental agreement for the occupancy of an Existing Unit in a Multi -Unit Residence entered into, amended, renewed or continued month- to-month after January 1, 2018 shall include the following provisions: i. A clause providing that as of January 1, 2019 Smoking is prohibited in the Existing Unit, including exclusive -use areas such as balconies, porches, or patios, and in any Common Area other than a designated Smoking area; and ii. A clause expressly conveying third -party beneficiary status to all occupants of the Multi -Unit Residence as to the Smoking provisions of the lease or other rental agreement. 2. Whether or not a Landlord complies with paragraphs A and B above, the clauses required by those paragraphs shall be implied and incorporated by law into every agreement to which paragraphs A and B apply and shall become effective as of the earliest possible date on which the Landlord could have made the insertions pursuant to paragraphs A and B. 3. A tenant who breaches a Smoking provision of a lease or other rental agreement for the occupancy of a Unit in a Multi -Unit Residence, 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 Multi -Unit Residence who is exposed to Smoke or who suffers damages as a result of the breach. 4. This article 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 Multi -Unit Residence if the Landlord has fully complied with this Section. 5. Failure to enforce any Smoking provision required by this article 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. Page 8 of 12 ATTY/ORD.448/SMOKE-FREE HOUSING ORDINANCE NO. 2440 REV: 11-02-17 RL MUFF NO. 301