Feature Article

Drifting secondhand smoke in multi-unit housing can create a nuisance and a serious health hazard for neighboring units.  Exposure to secondhand smoke is the third leading cause of preventable death in the U.S., and it is particularly dangerous to children.  Secondhand smoke is a known cause of sudden infant death syndrome (SIDS), and childhood exposure to secondhand smoke increases the odds of developing lung cancer later in life. Although there has been much progress made towards eliminating secondhand smoke exposure in the workplace, little has been done to protect people from the dangerous secondhand smoke exposure that can occur in multi-unit housing.  To eliminate the health risks of secondhand smoke in multi-unit housing, a smoke-free policy is essential because ventilation or air cleaning systems are not enough to control secondhand smoke.

Several developments in recent weeks show that the movement towards smoke-free housing is gaining momentum across the country.  First, a major apartment management company, First Centrum Management, made all of its apartment complexes smoke-free.  The new policy will prohibit smoking in all residential units.  The policy applies only to new tenants, but the buildings will gradually become smoke-free as existing tenants who smoke move out.  First Centrum is based in Virginia and manages nearly 5,500 apartment units in six states.   The president of First Centrum released a statement saying, "We are pleased to be able to help protect the health and improve the lives of our residents and to enhance the atmosphere of our buildings at the same time." (The Smoke-Free Environments Law Project worked with the management of First Centrum on this policy change.)

Meanwhile, the Portland, Maine city council unanimously voted to push for more smoke-free housing units in the Portland area.  It passed a resolution stating that "all residents deserve to breathe clean air and live in a smoke-free environment."  City Council member Karen Geraghty introduced the resolution, saying, "Landlords need to know that having a smoke-free policy in place is legal and justified and that this is one measure they can take to protect the health of their tenants."

Smoke-free policies can also be implemented in condos.  One Utah condo community, Blackhawk Condominiums, will be smoke-free -- indoors and out -- as of October 1st.  Blackhawk Condominiums' attorney stated that smoking is "a nuisance to the adjoining units, and could spark potential lawsuits if allowed to continue." You can read more about the condo association's decision here.

On the legal front, a New York judge recently refused to grant $12,000 in back rent to a property manager after tenants moved out of their condo a year early.  The judge ruled that the smoke pollution from chain-smoking neighbors created uninhabitable living conditions for the former tenants.

The Tobacco Public Policy Center will be working with Ohio property managers and encouraging them to join in the progress towards smoke-free housing being made in other states.  In addition to potential legal consequences, there are many reasons smoke-free housing is an attractive option for landlords: better fire safety, lower maintenance costs, and a marketing niche that appeals to the 75% of Ohioans who don't smoke, just to name a few.

The Tobacco Public Policy Center is in the process of developing a smoke-free housing registry.  If you know of any smoke-free apartment buildings in your community, or if you are a property manager interested in finding out more, please e-mail us at tobacco@law.capital.edu.