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
An AIMS Property
Management Update issued jointly by the National Apartment Association
and the National Multi-Housing Council on February 1, 2008 provides a
4-page analysis that explains that no-smoking policies are both
legal and good for business. The memorandum also provides "Best
Practices for Implementing a Smoke-Free Policy".
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.