Apartment Landlords

Tenants Prefer Smoke-Free Apartments

Most Washoe County residents prefer environments free from tobacco smoke. Recent survey results indicate that 73% of Washoe County apartment tenants, ages 18+, favor living in a smoke-free apartment building (Goodwin Simon Victoria Research Washoe County Renter Survey, 2009). In addition, only 27% of tenants have used tobacco in the past 30 days, and 25% of those tenants would not be opposed to living in a smoke-free building. Read the full report here.

Some other smoke-free facts to keep in mind:

The majority of adults (80%) of adults living in Washoe County do not smoke (Behavioral Risk Factor Surveillance System, 2007).
The majority of adults (80%) in Washoe County work in smoke-free workplaces (Behavioral Risk Factor Surveillance System, 2007).
The majority of adults living in Washoe County (82%) have already made their homes smoke-free (Behavioral Risk Factor Surveillance System, 2006).

Q & A

Q: Is it legal to adopt a smoke-free policy for my property?

A: Yes!

Apartment owners and landlords have the right to adopt a smoke-free policy for their buildings, common areas, units, and entire property, just as they are free to ban pets from a property. There are no federal or state laws which prohibit smoke-free apartments (NRS 118, 202, and 207).
A smoke-free policy is NOT discriminatory. People who smoke are not protected by state or federal anti-discrimination laws, nor are they considered disabled under state or federal disability rights laws (Tobacco Control Legal Consortium, 2006). Furthermore, there is no constitutional or other legal right to smoke.
As a matter of fact, the Americans with Disabilities Act and the Federal Fair Housing Act protects individuals with disabilities from Secondhand Smoke. Under these laws, individuals with disabilities are entitled to reasonable accommodations and/or modifications of policies, practices and procedures by their housing providers to ensure equal access to, and enjoyment of their housing (Fair Housing Act of 1988, U.S.C. Section 3601 et seq.). Therefore, if a tenant is disabled, and exposure to secondhand smoke is preventing the tenant from using or enjoying the building, the law requires the landlord to make reasonable accommodations to mediate the situation.

Q: What is the big deal about drifting tobacco smoke?

A: Secondhand smoke contains numerous harmful chemicals, and exposure to these chemicals is a serious health hazard. According to the Surgeon General (2006) there is no risk-free level of exposure to secondhand smoke. Unfortunately, secondhand smoke does not respect boundaries. It seeps through light fixtures, ceiling crawl spaces, and doorways into all areas of a building in which a person smokes. Secondhand smoke cannot be controlled by ventilation, air cleaning or the separation of smokers from non-smokers. The only solution is to make buildings smoke-free (American Society of Heating, Refrigerating, and Air Conditioning Engineers Report, 2005).

In addition, smoking is the # 1 cause of preventable home fire deaths in the United States (U.S. Fire Administration, 2009). Fires caused by smoking materials affect not only the smoker, but non-smokers as well. Thirty-four percent of fatal victims were children of the smokers, and twenty-five percent were neighbors or friends of the smokers. In fact, one-in-four people killed in home fires is not the smoker whose cigarette caused the fire.

You can do it!

Adopting a smoke-free policy is one of the best things you can do for your business and for the health and safety of your tenants. There are multiple smoke-free policy options to choose from, including:

Making entire property smoke-free. Many landlords and apartment managers make their entire property smoke-free. Some choose to “grandfather” current tenants, with the smoke-free policy taking effect when a new tenant moves in. Others choose to apply the policy to existing tenants when their leases are renewed.
Designating certain buildings or units as smoke-free.
Designating smoking areas.
Making outdoor common areas where children gather smoke-free.
Making outdoor areas near fire-prone fields smoke-free.

When determining which option is best for your property, it’s a good idea to survey current tenants (sample tenant survey). Also keep in mind which option would be most marketable to your future clientele.

Once you’ve determined which policy you will adopt, it’s time to implement it. The key to a successful smoke-free policy is educating tenants. Once they know and understand the policy, the policy becomes self-enforced. One easy way to educate current tenants is to provide them a notice describing the details of the policy, and giving the rationale behind adopting the policy (sample notice). In addition, future tenants need to be informed up front of the policy. In certain cases it is imperative to update lease language (sample lease addendum) . It is advised to review any lease language changes with your attorney.

Finally, take advantage of the high demand for smoke-free apartment options in Washoe County. Get the word out about your new policy by advertising on your website and through other mediums. Call 775-328-2442 to get your name added to GetHealthyWashoe.com. For assistance adopting a smoke-free policy, contact the Washoe County Health District at: 775-328-2442.

To learn more, go to:

http://www.smokefreeapartments.org/
http://www.tcsg.org/sfelp/home.html
http://www.no-smoke.org/goingsmokefree.php
http://www.mismokefreeapartment.org/