A smoke-free policy is NOT discriminatory.
As a landlord, you can play a role in
eliminating a significant cause of illness in the home and a major
cause of preventable death in the United States: secondhand
smoke.
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 the Americans
with Disabilities Act and the Fair Housing Act.
The right to smoke is not protected under law, according
to the opinions of the Michigan Attorney General and HUD (U.S.
Department of Housing and Urban Development). 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 in his
or her building.
Let us tell you more about smoking Myths Revealed and your Landlord Rights and Your Risks. We'll also show you how to Save Money, Save Your Building and give you Tools for going smoke-free in your building.
You can also post your smoke-free apartment buildings in the Smoke-Free Apartment Listing found on the tenant's section of this website.
The December, 2007 issue of UNITS magazine, published by the National Apartment Association, has a cover/feature set of articles, which you can access, titled Clearing the Air: Industry Discusses Trend Toward Smoke-Free Housing
The National Multi Housing Council on February 1, 2008 issued a memorandum which stated that it was legal for apartment owners to adopt smoke-free policies and that it made business sense to do so.
Our brief Fact Sheet and Frequently Asked Questions (FAQ) provide concise information on why adopting a smoke-free apartment policy makes sense for landlords and tenants; they're also good as handouts at meetings.
