Letter from 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 for which there is 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 (although this website applies to Michigan law, which may differ in some specifics from Ohio law), 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.

To emphasize this point, we have also created a fact sheet for landlords. The fact sheet notes that in addition to having the legal authority to limit smoking on their property, landlords may also find that implementing a smokefree policy benefits them financially. The fact sheet also explains that tenants may have legal causes of action against their landlords if they are exposed to secondhand smoke from neighboring units. If you are facing exposure to secondhand smoke from neighboring apartment units, please share this information with your landlord.

In the coming months, we plan to increase outreach to landlords in order to share this information and to emphasize the many benefits of creating smokefree housing. We will also continue to monitor Ohio case law, which is developing rapidly in this area. Just last year, an appellate court in Lucas County (Toledo) upheld a judgment in favor of a tenant who was exposed to secondhand smoke from a neighboring unit. The court awarded the tenant a rent abatement and ordered the landlord to make structural changes to the building. (The case was Heck v. Whitehurst Co., 2004 Ohio 4366 (Ct. App. Ohio, 6th Dist. 2004)). Similar cases are sure to follow. In addition, we will follow legislative activity regarding residential secondhand smoke and consider what models could be adapted for Ohio communities. In Utah, for example, the legislature passed a measure clarifying that secondhand tobacco smoke is considered a nuisance under state law. Utah Code Ann. § 78-38-1 (2005). This law makes it clear that landlords will face legal liability if they do not protect tenants from secondhand smoke exposure.

Best wishes for a happy and healthy holiday season.