Is a smoke-free policy legal?
Yes. There is no legally protected right to smoke. Similar to a “no pets” rule, a smoke-free policy is written into the lease or condo bylaws.

Can smokers live in a smoke-free building?
Yes. Smoke-free housing policies restrict smoking—not smokers. A smoke-free policy only requires residents and visitors to refrain from smoking anywhere in or close to the building.    

How are smoke-free polices enforced?
Smoke-free policies are enforced just like any other lease rule. Landlords, property managers and condo associations consistently report that enforcement is easy and that the rules are largely self-enforcing. In fact, 99% of Massachusetts landlords who had a smoke-free policy feel it was a good decision.²⁹

Landlords & Homeowners FAQs.

Is there a market for smoke-free housing?
Smoke-free policies are popular among residents. In fact, surveys show that over 92% of tenants in Massachusetts building with a smoke-free policy support the rule.³⁰ Also, these policies attract new tenants: 70%-74% of residents who do not live in a smoke-free building would support the immediate implementation of a no-smoking rule.³¹

How are smoke-free rental polices created?
Smoke-free polices are created by a simple addendum to a standard lease document. For a complete step-by-step guide to the process, download the Smoke-Free Housing Guide for Landlords.

Condo Owners and Associations FAQs.

Will a smoke-free policy affect the marketability of my condo?
Surveys show a high demand for smoke-free units and many people searching for condos are willing to pay more for a unit in a smoke-free building.³²                 

How are smoke-free condo policies created?
Smoke-free polices are created by amending the condominium documents, typically the rules and bylaws. For a complete step-by-step guide to the process, download the Smoke-Free Housing Guide for Condo Owners and Associations.

Tenants FAQs.

Is there anything I can do to get my landlord to establish a smoke-free policy?
Yes! Talk to your landlord or property manager about why you would like the building to be smoke-free.  Direct them to the landlords and homeowners section of this site where they’ll find all of the information and tools needed to enact a smoke-free policy. Talk to your neighbors and encourage them to speak up for smoke-free housing too.

Are landlords supportive of smoke-free policies?
Many landlords and property managers don’t know that smoke-free policies are legal. Direct them to the reasons to go smoke-free page, and let them know you want a smoke-free policy in your building!