The easiest time to set a new smoke-free policy is when your building is vacant. However, if your units are full, you have two options:

• You can phase in the new policies as leases on each unit come up for renewal.
• You can set a specific date on which the policy for the entire building will go into effect. However, you may not be able to fully implement the policy until all units come up for lease renewal.

Whichever option you choose, you should give your residents plenty of notice. Post signs letting them know about the policy and when it will take effect. You may also want to provide your residents with information about why secondhand smoke is a problem in apartment buildings and about the dangers of secondhand smoke.

And don’t forget to download our Smoke-Free Housing Toolkit. It’s filled with valuable tips and tools to help you make a successful transition to your new, healthy smoke-free environment.

Current residents who smoke
Providing legally adequate notice
Section 8 Housing
Enforcing policies and handling violations

Current residents who smoke

After a lease has been signed by both parties, it cannot be modified without the consent of both of the parties. Therefore, residents who have fixed term leases will be exempt from the smoke-free policies until their lease comes up for renewal. If a resident has a month-to-month lease, the lease can be modified without the consent of the resident so long as advance notice is given.

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Providing legally adequate notice

Notifying residents about your policy well in advance of making it effective isn’t only a good idea—it’s the law. Neglecting to tell both your new and old residents about your smoking policy is a breach of the duty to provide notice. Your posted notifications should include the wording that will be in your leases or covenants. Providing poorly worded or incomplete lease provisions in these notices is also considered a breach of duty.

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Section 8 Housing

There are a number of unique issues that impact smoke-free policies in Section 8 Housing. Click here for more information.

Section 8 Housing managers or owners can implement smoke-free housing policies. The HUD Handbook provides that “owners are free to adopt reasonable rules that must be related to the safety and habitability of the building and comfort of the tenants. Owners should make their own informed judgment as to the enforceability of house rules.”

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Enforcing policies and handling violations

As long as you provide your residents with plenty of notice about your smoke-free policy, most policies are generally self-enforcing. If you do receive a complaint that someone is smoking in your building or in a smoke-free area, you should address it promptly to show residents that you are committed to the policy and to ensure that other violations don’t follow. For additional tips on enforcing policies and handling violations, download our Smoke-Free Housing Toolkit.

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