MISmoke-Free Apartment

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- HUD Letter
- Michigan AG Opinion
- FHA Analysis

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HUD Letter

In order to help landlords make more educated decisions about smoking policies in their buildings, the Smoke-Free Environments Law Project requested information from the Housing & Urban Development (HUD) field office in Detroit about this issue.

The HUD Detroit field office response to us included:

There is no HUD policy that restricts landlords from adopting smoke-free policies in common areas or in individual units. In fact, HUD encourages smoke-free policies.
Smoke-free policies are also permitted under federal law, including the federal Fair Housing Act, and under Michigan law.
If an apartment owner who has HUD assisted housing units decides to make the smoke-free policy a condition of the lease, HUD approval is necessary to confirm that the new smoke-free lease follows HUD's model lease. However, the smoke-free policy can be adopted as a part of "house rules" without HUD approval.
Landlords must also be sure to make considerations for smoking residents already living in their buildings, such as allowing a reasonable period of notice, e.g., instituting the smoke-free policy at the time of lease renewal.

Download the entire HUD letter.

On July 17, 2009, HUD issued a notice which "strongly encouraged" public and Indian housing authorities to adopt smoke-free policies. On September 15, 2010, HUD issued a similar notice encouraging other HUD-assisted owners and managers to adopt smoke-free policies.

Also, find out more about the opinion of the Michigan Attorney General on the legality of smoke-free apartments.

Download an analysis of the authority of Housing Authorities and Section 8 multiunit housing owners to adopt smoke-free policies in their residential units.

Download an up-to-date listing of the public housing authorities which have adopted smoke-free policies.