Not only is a smoke-free housing policy legal, it's easy to implement. It's the right thing to do to protect the health and happiness of all of your residents. And it can also protect your bottom line by protecting your property from the odors, stains, and other maintenance issues associated with secondhand smoke. Not to mention, a smoke-free housing policy may be able to help you fill vacant units. In Michigan, many properties on the smoke-free registry actually have waiting lists of residents seeking a healthy living environment!

Smoke-free housing and your bottom line
The risks of not going smoke-free
Smoke-free housing and the law

Smoke-free housing and your bottom line

Going smoke-free can save you money. Here's how:

• Reduced cleaning and repainting costs. For example, the cost of painting a unit in which smoking has been allowed can be almost double the cost of painting a smoke-free apartment.
• Reduced risk of fire. In 2002 alone, lighted tobacco products caused an estimated 14,450 residential fires, 520 deaths, 1,330 injuries, and $371 million in residential property damage in the U.S.
• Possible insurance credits or decreased premiums. Ask your insurer if a discount would be available to you if you implemented a smoke-free policy. Insurers may offer credits of up to 5-10% for smoke-free buildings.
• Potential increased resale value. 78% of Ohioans do not smoke, and surveys have consistently shown a high degree of interest in smoke-free policies. For example, a 2001 Minnesota survey found that 71% of residents were interested in smoke-free housing. 34% indicated that they would be willing to pay more rent to live in a smoke-free building.
• Healthier, happier residents who may live with you longer-and may live longer in general! A Minnesota survey of owners of smoke-free apartment buildings found that 19 out of 20 reported either no change or a decrease in vacancies and turnover.
• You will also probably find that most of your residents will appreciate and desire a smoke-free policy. A survey conducted in Minnesota found that 95% of smoke-free owners said that smoke-free designation had natural or positive effects on turnover, vacancy, amount of rent charged, and reduced turnover costs. Furthermore, over a third of the renters in the survey suggested that they would be willing to pay more to live in a smoking prohibited building, creating an opportunity to increase income.
• The policies are self-enforcing, and they take much less time and effort than mediating disputes brought by residents who are exposed to secondhand smoke against their will.

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The risk of not going smoke-free

Failing to go smoke-free could actually cause you some legal problems. You may be subject to liability under the FHA and ADA laws or a number of other common law theories that residents have used to successfully bring claims against property managers or owners who fail to protect them from secondhand smoke.

In addition, secondhand smoke can fall within a pollution policy exclusion, which means that your insurance policy may not cover you for secondhand smoke related illnesses or deaths that occur on your premises.

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Smoke-free housing and the law

A smoke-free housing policy does not discriminate against smokers. It will not leave you vulnerable to lawsuits by residents who do smoke. And as long as the policy is not used to target a protected class or minority, it's your legal right to restrict or prohibit smoking in your properties.

You should also know that the right to smoke is not protected under the law. Both the U.S. Department of Housing and Urban Development (HUD) and the courts have validated this point. However, if you do have residents who currently smoke, you will need to wait until their leases are up for renewal before you can include a smoke-free provision in their leases.

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Implementing a smoke-free policy
Advertising your smoke-free policy
Join our Smoke-Free Housing Registry