Smoke Free Housing
Owners, Landlords and Managers
Smoke Free policies are quickly becoming the standard for multi-unit housing in the U.S.
There are no federal or state laws that keep an owner from banning smoking in their buildings or on their properties. Smoke free policies do not ban a smoker from renting or make the smoker quit; they only state that a smoker cannot smoke while on the property or can only smoke in designated areas.
Reasons to ban smoking:
It is legal to ban smoking on and in properties.
Remember, smoke free policies are about the smoke, not the smoker.
The federal Fair Housing Act (FHA) implies that landlords are to provide a safe and habitable environment to protect tenants. (6)
This means handling all unwanted nuisances such as noise, poor ventilation, heating and secondhand smoke exposure that substantially affects the tenant’s enjoyment of the premises.
The landlord should take actions to prevent secondhand smoke from causing harm to tenants and affecting their enjoyment of the property.
Landlords that do not take action may be liable to legal action should the tenant show they have been harmed
-Breach of the covenant of quiet enjoyment -Negligence -Breach of warranty of habitability -Nuisance -Intentional infliction of emotional distress -Battery -Constructive eviction -Trespass
-Breach of the covenant of quiet enjoyment
-Breach of warranty of habitability
-Intentional infliction of emotional distress
The Americans With Disabilities Act and the FHA state that no one can be discriminated against in workplaces, public places or in housing due to disability.
Severe breathing problems are considered a disability. Facilities are required to provide reasonable accommodations to persons with severe breathing disabilities, which may include making the facility totally smoke-free.
Connecticut’s code regulating landlord-tenant relations empowers the local health department/ district to determine whether ventilation or other sanitary conditions pose a threat to health, and if so, order the landlord. 
Steps For Going
(a checklist to implement a smoke free policy)
(find out your tenant's
interest in a smoke
Housing Policies and Tenant Lease Addendums
Sample Letters to
Smoke Free Policies
and Homeowners Associations
Resources for Tenants
or Staff who want
to Quit Tobacco Use
Cleaning to Transition to Smoke Free Units
This information is for educational purposes only and is not to be construed as a legal opinion or as a substitute for obtaining legal advice from an attorney.
More Resources for Smoke Free Housing:
National Center for Healthy Housing:www.nchh.org
"Reasons to Explore Smoke-Free Housing" (developed by Smoke-Free Housing New England and Tohn Environmental Strategies for the NCHH)
Smoke-Free Environments Law Project: www.tcsg.org/sfelp/home.htm
Tobacco Control Legal Consortium- http://www.tclconline.org/
Infiltration of Secondhand Smoke into Condominiums, Apartments and Other Multi-Unit Dwellings.
Secondhand Smoke Seepage into Multi-Unit Affordable Housing
Tobacco Technical Assistance Consortium: www.ttac.org
Tobacco Control Legal Consortium: www.tclconline.org
Technical Assistance Legal Center: www.phlpnet.org/tobacco-control
Americans for Nonsmokers' Rights Foundation: www.no-smoke.org
CDC Healthy Homes Manual Smokfree Policies in Multi-Unit Housing
 National Center for Healthy Housing, Green & Healthy Housing, Reasons to Explore Smoke-free Housing, Early Fall 2009.
[3http://www.usfa.dhs.gov/downloads/pdf/tfrs/v5i5.pdf U.S. Fire Administration / FEMA.
 Technical Assistance Legal Center, There is No Constitutional Right to Smoke, Public Health Institute 2005
 U.S. Department of Housing and Urban Development, Notice H 2010-21, Issued September 15, 2010.
 http://www.tcsg.org/sfelp/kline.htm Conn.Gen.Stat. Section 47a-52