A property-wide no-smoking rule is legal and simple to do. What are the steps to implementing such a policy? For all the tools you’ll need to work through the following four-step process, download the Smoke-Free Homes Guide for Landlords.
Step 1: Educate your tenants.
Let tenants know that you are concerned about smoking in the building. Send them a letter giving notice of the new rule. View sample notice letter. In the notice, state why you are making a smoke-free rule, when the rule goes into effect, and other details about your new policy. Common areas in your building may already be protected under the Massachusetts Smoke-Free Workplace Law, and you can make sure they are covered immediately by including a common area no-smoking rule in your outreach process.
Step 2: Implement the no-smoking policy for the entire property.
For new tenants: Include a no-smoking lease addendum in all new leases. View a sample no-smoking lease addendum.
For existing tenants: Notify your tenants of the change in advance with a notice letter, and have them sign off on a no-smoking lease addendum to their existing lease. One easy way to do this is to give notice ahead of time, and phase in the rule as residents sign lease extensions. View a sample no-smoking lease addendum. For month-to-month tenants, give a notice at least one month before the rule change goes into effect. Utilize the free materials on this site to help designate your property as smoke-free.
For subsidized housing: The U.S. Department of Housing and Urban Development supports smoke-free policies. There are successful examples of smoke-free housing across all kinds of subsidized housing, including public housing, rental vouchers, privately-owned affordable housing and more. Work with the agency that administers your subsidy program when you are developing your policy to find out if there are any additional requirements for creating your policy.
Step 3: Enforce the no-smoking rule.
Here are some tips:
- Mail each resident a copy of the rule change or bylaw amendment
- Be clear about why you have a no-smoking rule
- Tell residents they will be held financially responsible for violations
- Treat no-smoking violations the same way you would treat any other rule violation
- Record violations in writing
- Respond quickly and consistently to violations
- Post “no smoking” signs in obvious places
- Clean up cigarette butts and remove ashtrays
- Have residents tell their guests about the no-smoking rule
- Provide smokers who are interested in quitting with information on quit-smoking services
Step 4: Promote your status as a smoke-free building.
Take advantage of the high demand for smoke-free housing in Boston and advertise your smoke-free status. In 2008, only 16.4% of Massachusetts adults smoked. Nearly all tenants will appreciate your efforts, since over 92% of Massachusetts tenants believe that exposure to secondhand smoke is very harmful or somewhat harmful.9 Create an account and register your property—for FREE—on our free smoke-free housing listing service. Apartment hunters looking for a smoke-free apartment will be able to find your property with the click of a mouse. Insurance companies may offer special discounted rates or credits for buildings that prohibit smoking because they reduce the risk of fire. Check with your insurance provider.
The information and materials contained on this website are for informational purposes only and should not be construed as legal advice. Nor are they a substitute for obtaining legal advice from a licensed attorney.