apartment building
Landlords: Your rights and resourcesTenants: Your rights and resources
Landlords

Smoke-free policies adopted by landlords and condominium associations can play a significant role in protecting public health by eliminating secondhand smoke pollution, a major cause of preventable illness and death. At the same time these prevention measures can have many benefits and save landlords considerable time and money. Smoking related materials are a leading cause of residential fires; so many insurance companies are now offering smoke-free discounts.

As the public becomes more aware of the dangers associated with secondhand smoke exposure, the demand for protection from it also increases. Nearly 80% of the West Virginia population is non-smoking so more and more tenants are seeking out smoke-free housing. Landlords are finding it harder and harder to rent or sell units where smoking is permitted.

Many owners and operators do not realize that it is within their rights to impose smoke free provisions in all areas of their property. It is not discriminatory to restrict an activity that may cause serious harm to other tenants. Even in situations where smoking was permitted by a lease, landlords may still have legal remedies available to eliminate a nuisance or health hazard. Municipalities and counties in WV, have regulations in place that already prohibit indoor smoking in common areas like hallways, elevators, laundry and recreational rooms in multi-units and condominiums.

Tenants with serious disabilities may be protected under the Federal Fair Housing Act and the Americans with Disabilities Act.

 

Landlord FAQ

FAQ - Frequently Asked Questions from Housing Providers about Smoke-Free Buildings

 

Secondhand & Thirdhand Smoke

Secondhand Seepage in Multi-Unit

The Health Consequences of Smoking - 50 Years of Progress: A Report of the Surgeon General (SurgeonGeneral.gov - [January 21, 2014])

The Health Consequences of Involuntary Exposure to Tobacco Smoke - A Report of the Surgeon General (2006)

Thirdhand Smoke in Apartments and Condos: Recommendations for Landlords and Property Managers

Thirdhand Smoke Exposures: Another Threat to Children

 

Resources

CDC's Healthy Homes Smoke-Free Policies in Multi-Unit Housing

A Breath of Fresh Air - UNIT April 2011

American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Position Statement on Exposure to Tobacco Smoke

One Page Lease Addendum

Smoke-Free Lease Addendum

Smoke-Free Policy for Condominium or Apartment

Model Policy for Smoke-Free Senior Center

 

Affordable & Public Housing

Secondhand Seepage in Multi-Unit

HUD Smoke-Free Housing Tool Kit

Change is in the Air - An Action Guide for Establishing Smoke-Free Public Housing and Multi-Family Properties

Healthy Homes Manual

Creating Smoke-Free Affordable Housing

HUD Legal Counsel

 

Legal Issues

No Constitutional Right to Smoke

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