Landlord FAQ + survey stats: Download PDF (35K)
 

1) What is a smoke-free residential building policy?

  • Smokefree policies are a means for landlords/management companies to prohibit tenants and others from carrying or using a lit tobacco product anywhere within multi-unit residential buildings, including places where people live.
  • Some policies extend the restriction to include balconies, terraces, gardens and other outdoor areas connected with the property.

2) Are smoke-free housing policies legal?

  • Yes. Because the US Constitution does not guarantee a right to smoke, prohibiting smoking in multi-unit dwellings is legal.
  • Smokers are not a protected class. As a result, smokefree housing policies are not discriminatory.
  • Landlords may write clauses into new leases or lease addendums that prohibit smoking.*
  • Smokefree housing policies are not made to evict smokers, but to prohibit the act of smoking anywhere in the building.

3) Does the right to adopt smokefree policies extend to affordable housing?

4) What about Enforcement?

In most cases smokefree policies are self-enforcing.When not, smoking violations should be treated as any other lease or rule violations.*

  • Speak to the tenant regarding the violation.
  • Provide written notice with expectation of compliance.
  • Move to evict if the tenant continues to violate the terms of the lease.*
  • Consult your attorney about eviction proceedings.

 

SOURCE: Information excerted from Steps to Smoke-free Housing NY
*See references at Steps to Smoke-free Housing NY