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.
As a concerned tenant, here is what you should know:
||There is no HUD policy
that restricts landlords from adopting smoke-free policies in common
areas or in individual units.
||Smoke-free policies are
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 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 providing a reasonable period of notice, e.g.,
instituting the smoke-free policy at the time of lease renewal.
You can download the entire HUD letter. Also, find out more
about the Michigan Attorney
General opinion on the legality of smoke-free apartment policies.
You can also 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 in the U.S.