Smoking inside an apartment building or home can cause respiratory illness as well as damage to common areas like carpet, paint, and walls. It can also expose other tenants in the building to secondhand smoke, which has been proven to be harmful even if it doesn't smell bad. By creating and enforcing a smoking policy in your property management business, you'll protect both your investment and your tenants' health from the risks of smoking inside the building. Read on for a guide to smoking policies that protect both you and your tenants from secondhand smoke damage and illness.
What are smoking policies?
Smoking policies in rental housing can be complicated, but it is important for landlords to know what their rights and responsibilities are. Every state has different laws that a landlord must abide by, so it is important that they research their rights before implementing a policy. In most states, there are three types of smoking policies: one with no smoking anywhere on the premises; one where tenants and guests may smoke in designated areas outside only; or one where the tenant may smoke anywhere except inside the building (including on balconies or patios).
Should you ban smoking from your rental property?
There are a number of reasons why landlords might choose not to ban smoking in their rental properties. For example, many landlords believe that banning smoking from the property would lead to a drop in the number of applicants for the property. Additionally, some landlords feel that it is a tenant's right and that they should not be able to ban something legal like smoking from their rental properties. In contrast, there are a number of different ways that you can limit the amount of smoke on your property without forbidding tenants from smoking on-site. One way is by allowing tenants to smoke outside (either on or off your property) as long as they do so at least 30 feet away from any building entrance or windows. Another way is by limiting where people may smoke indoors by prohibiting them from smoking in kitchens, laundry rooms, bathrooms, bedrooms, and inside common areas. If these methods don't work, then you may want to explore the option of renting only non-smoking units, which is another choice that landlords have when trying to balance smokers' rights with the health of non-smokers who live in close proximity.
Do you need smoke-free rental property laws?
Public health officials recommend smoke-free rental property laws as one of the most effective and affordable ways to protect nonsmokers from secondhand tobacco smoke. Such laws are also a tool for individuals who want or need to quit smoking. In addition, such legislation would help level the playing field for rental housing providers and landlords by eliminating an unfair advantage that smokers have over nonsmokers in securing housing. Smoke-free policies would also provide fair treatment for people with asthma and other chronic respiratory conditions. Smoke-free rental property laws do not prohibit smokers from renting; they only ensure that there is no involuntary exposure to secondhand smoke for others who don't choose to live with it.
Is banning smoking in a rental property discrimination?
People are afforded protection under the law from any discrimination they may experience. However, there is a line between discrimination and a landlord exercising the right to regulate their property. Landlords do not have to worry about violating the Fair Housing Law as no federal law protects an individual's right to smoke where or when they want to.
If you want to ban smoking in your rental properties, create a no-smoking policy and add it as an amendment to the lease agreement if it's not included on its first execution. This should include the penalty for violating this policy and list any exceptions (such as smoking in designated areas) that may apply.
How can you implement these rules?
Since the passage of the Clean Indoor Air Act in 1993, landlords have had the power to institute smoking policies in their rentals. But, with so many states and cities imposing their own laws that go beyond the federal regulations, understanding your rights and responsibilities as a landlord is more important than ever.
The best way for landlords to implement these rules is by including them in their lease agreements. If it's not included in the first execution of the lease agreement, create a no-smoking policy and add it as an amendment to the agreement.
Where else can landlords find help?
The Centers for Disease Control and Prevention provides resources regarding improving tobacco-health related disparities. You can find them at https://www.cdc.gov/tobacco. If you’d like additional support in creating an effective smoking policy, your state or local health department may also be able to help. In addition, several organizations provide resources for both property owners and smokers looking to quit. The American Lung Association offers numerous educational materials and financial incentives to encourage renters to go tobacco-free. They also have extensive guidance on developing a smoking policy that is fair and balanced. The Tobacco Free Coalition of Oregon has compiled some excellent resources for creating smoking policies that promote smoke-free living without violating the rights of smokers or their children.
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