From the Executive Director

Every couple of weeks or so, we get a call from someone concerned about secondhand smoke seeping in to his or her apartment or condo from the adjoining unit. They are right to be concerned. Secondhand smoke is more than just an annoyance; it is a serious health risk. The health dangers of secondhand smoke are no different in an apartment than in a workplace or any other setting. Secondhand smoke is a Class A carcinogen with no safe level of exposure, and it can be particularly dangerous to young children.

Though legal action should never be the first resort, those exposed to secondhand smoke from neighboring apartment units should know their legal rights. Although the Tobacco Public Policy Center is unable to provide legal advice for individual cases, we have created a fact sheet for tenants that outlines considerations for people facing this issue. There is also a considerable amount of useful information available, though it is geared towards Michigan residents, at mismokefreeapartment.org. Tenants should note that in dealing with landlords, it is important to communicate that landlords are within their rights to prohibit or limit smoking in units that they own. There is no judicially recognized "right to smoke," and the law is clear that landlords may implement a smokefree policy for some or all residential units and/or for common areas. Many landlords are simply unaware that they have the legal ability to limit smoking on their property.

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