Smoke-Free Housing
If smoking is permitted in multi-unit housing, secondhand smoke can infiltrate into neighboring units. Tobacco smoke can find its way through the smallest of openings, including through light fixtures, ceiling crawl spaces, electrical and plumbing fixtures, and gaps between walls. The only way to be completely protected from secondhand smoke in multi-unit housing is to prohibit smoking throughout the building. In addition to protecting residents from harmful secondhand smoke, smoke-free policies can also benefit landlords by reducing fire insurance costs, sharply cutting renovation costs after smokers move out, and eliminating any risk of liability for exposing tenants to secondhand smoke.
You can learn more about smoke-free housing and see smoke-free apartment listings near you by visiting www.smokefreehousingny.org.
Click here for the New York Landlord Smoke-Free Housing Toolkit.
Click here for the New York Tenants’ Guide to Smoke-Free Housing.
Click here for the New York Guide to Smoke-Free Condominiums.
For Property Owners and Mangers: Frequently Asked Questions:
Q: Are smoke-free policies legal?
A: Yes. There is no “right to smoke,” and the law is clear that landlords may prohibit smoking in multi-unit housing, including both the residential units and the common areas. For a more detailed analysis, download this legal synopsis from the Tobacco Control Legal Consortium.
Q: Are people who smoke considered disabled under the Americans with Disabilities Act? Are they a protected group under the Fair Housing Act?
A: Courts have held that they are neither. In fact, under both of these laws, people who smoke have been required to relocate in order to protect the rights of neighbors with serious respiratory illnesses.
Q: Do rent control laws prohibit me from adopting a smoke-free policy?
A: Some cities and states have laws designed to protect tenants that may unintentionally hamper the implementation of a smoke-free policy by making it difficult to modify lease terms. If you think that your building is governed by rent control, you should check with the appropriate state or local agency before implementing any smoke-free rules.
Federal affordable housing programs (such as Section 8) do not prevent the adoption of smoke-free policies. Public Housing Authorities (PHAs) are also able to adopt smoke-free policies, and many are doing so. In 2009, the Department of Housing and Urban Development issued a notice strongly encouraging smoke-free policies in PHAs.
Q: What is the best way to go smoke free?
A: The easiest time to set a new smoke-free policy is when your building is vacant. However, if your units are full, you have two options:
- You can phase in the new policies as leases on each unit come up for renewal.
- You can set a specific date on which the policy for the entire building will go into effect. However, you may not be able to fully implement the policy until all units come up for lease renewal.
Whichever option you choose, you should give your residents plenty of notice. Post signs letting them know about the policy and when it will take effect. You may also want to provide your residents with information about why secondhand smoke is a problem in apartment buildings.
For related information from the Technical Assistance Legal Center, click here.