Infiltration of Secondhand Smoke into Condominiums, Apartments and Other Multi-Unit Dwellings: 2009

Abstract

The demand for smoke-free apartments and condominiums is soaring, spurred by warnings about secondhand smoke from leading health experts. The 2006 Report of the U.S. Surgeon General, The Health Consequences of Involuntary Exposure to Tobacco Smoke, cautions that there is “no risk-free level of exposure to secondhand smoke” and that “even small amounts of secondhand smoke exposure can be harmful.” The report includes a discussion of the infiltration of secondhand smoke in multi-unit housing and supports the adoption of smoke-free policies.Despite the documented health risks of secondhand smoke, a perception still exists that banning smoking in the individual units of multi-unit housing is illegal. This publication, which debunks such a notion, is an update of our 2004 synopsis on the same topic, and includes recent information on smoke-free housing laws and policies. Section I explains the rights of landlords, condominium associations and public housing authorities to prohibit smoking in individual units. Section II provides solutions for private individuals if secondhand smoke is seeping into their dwellings from neighboring units. Finally, section III discusses enforcement concerns expressed by landlords and the advantages of addressing smoking in a lease. This section also provides smoke-free language to use in a lease or in condominium bylaws.