There is so much false information available to landlords about smoke-free policies, that you may find it difficult to make an informed decision. On this site you find all of the information you will need to make your property smoke-free.

The most important fact; A smoke-free policy is NOT discriminatory.

In fact, non-smokers with serious breathing disabilities or smoke allergies actually have legal protection under federal and state laws.

The right to smoke is not protected under law, according to the opinion of the U.S. Department of Housing and Urban Development (HUD). As long as the policy is not used to target a protected class or minority, a building manager is legally free to restrict or prohibit smoking.

There is a lot of information out there about smoking and smokers' rights. So much information that sometimes it is difficult to discern what is fact.  Here are some of the cold hard facts. 

Fact: You have the right to make your property smoke-free. Here's what you should know:

• It's Your Choice. If tenants are smoking in your apartment building, and you wish to eliminate the health risks of secondhand smoke, not to mention smoke damage and fire hazards, it is completely up to you as the landowner to make that choice. 

• Existing Smokers. In privately owned, non-subsidized housing, the written contract (lease or rental agreement) you have with your tenants determines your rights and responsibilities. The lease or rental agreement governs whether and how changes may be made during the term of the agreement. It also determines what you are required to do in order to change the terms of the lease at the time of renewal. 

For units in public housing and other subsidized housing, you may establish a no-smoking policy for new tenants while allowing existing tenants to continue to smoke in their units as long as they live there, but you are not required to do so. For existing tenants who smoke, you may add a no-smoking provision to the lease at the time it is renewed, as long as the appropriate housing authority has approved the lease change if such approval is required (60 days notice is usually required). For further information, contact the appropriate housing authority. 

For additional information, read the opinion of the U.S. Department of Housing and Urban Development (HUD) and an independent analysis of the authority of housing authorities and Section 8 multiunit housing owners to adopt smoke-free policies in their residential units.

Fact: You can save money by implementing a smoke-free policy. You will reduce wear and tear, and save on cleaning and re-painting costs. According to a 2004 survey done by the Sanford Housing Authority, it costs twice as much or more to turn over a unit in which the resident had smoked compared with one rented by a non-smoker.

You may also save money by reducing the risk of fire. In the U.S. in 2002, an estimated $926 million in damages occurred in apartment fires - of which cigarette smoking is the leading cause. (Source: NFPA Fire Analysis and Research; Fire Loss in the U.S. During 2002). Some insurance carriers also offer a premium reduction if your property is smoke-free. 

Fact: In a 2003 survey in Washington state, two-thirds of renters surveyed preferred smoke-free housing. Seventy-five percent of Michigan renters do not smoke; currently most cannot find smoke-free apartments to rent. We can show you how to go smoke-free while keeping your existing smoking tenants happy too.

Fact: Once you implement a policy, smoking will be so noticeable that you are likely to hear about it from other residents. Enforcing a smoking policy is a lot less of a headache than mediating disputes between smokers and non-smokers without a policy in place. You must be prepared to follow through with consequences; for example, two warnings, then termination of the lease.

Fact: Believe it or not, you actually put yourself at risk for legal liability if your property is not designated smoke-free.  There are several ways you could be held liable by tenants if you do not have a smoke-free policy, including:

• Common Law Theories. These are ways non-smoking tenants can bring legal action against you the landlord or against smoking tenants under common law. 
- Breach of the covenant of quiet enjoyment
- Negligence
- Nuisance
- Breach of warranty of habitability
- Battery
- Intentional infliction of emotional distress
- Trespass
- Constructive eviction

• Americans with Disabilities Act, Fair Housing Act, and Maine Human Rights Act. Non-smoking tenants who are afflicted with breathing disorders may use the Americans with Disabilities Act, the Fair Housing Act, or the Maine Human Rights Act to bring legal action against landlords for not making reasonable accommodations to protect these tenants from secondhand smoke in common areas or in their apartments.