Boston Smoke-Free Homes - FAQs About Smoke-Free Homes

Q1. Is it legal for me to ban smoking in my apartment or condominium?
Yes. It is completely legal for a landlord or condominium association to make their units and buildings smoke-free.

Q2. Does this mean that smokers can’t live in my building?
No. Smoke-free housing restricts smoking – not smokers. A smoke-free policy does not limit who can live in an apartment or condominium, so long as all residents and their guests refrain from smoking indoors.

Q3. Don’t smokers have a right to smoke in their own homes?
No. There is no legally protected right to smoke. Though tobacco is a legal product for adults, there is no legally protected right to smoke in an apartment or condominium unit. [Tobacco Public Policy Center at Capital University Law School]

Q4. Is secondhand smoke really a big deal?

Yes. Secondhand smoke contains over 4,000 chemical compounds – more than 50 of which are known to cause cancer in humans or animals. There is no safe level of exposure to secondhand smoke. Secondhand smoke causes asthma, upper respiratory infections, ear infections, and sudden infant death syndrome (SIDS). Over 38,000 deaths annually in the United States are the result of secondhand smoke-related diseases. Ventilation and air filtration systems cannot remove the toxins in secondhand smoke. Secondhand smoke can pass from one unit to the other. (Various fact sheets from the Campaign for Tobacco-Free Kids and American Society of Heating, Refrigeration, and Air-Conditioning Engineers)

Q5: Aside from the health benefits, are there other advantages to going smoke-free?
Yes! You can actually save money by implementing a smoke-free policy. You will dramatically reduce wear and tear and save on cleaning and re-painting costs. According to a 2004 survey completed by the Sanford Housing Authority in Maine, it costs twice as much or more to turn over a unit in which the resident has smoked compared with one rented by a non-smoker. The residue left behind by smoking contains toxins that devalues homes and health. Some insurance carriers also offer a premium reduction if your property is smoke-free.

Another compelling advantage to smoke-free buildings is a significant reduction in the risk of fire. In the United States in 2002, an estimated $9.26 million in smoking-related property damages occurred in apartment fires, of which cigarette smoking was the leading cause. (National Fire Protection Association Fire Analysis and Research; Fire Loss in the U.S. During 2002).

Q6: Will we lose valued residents?

Contrary to what you might think, smoke-free policies are popular among residents. In fact, there may actually be market value in making units and buildings smoke-free. Approximately 85% of Boston residents do not smoke, and data from the U.S. Census Bureau shows that 76% of Massachusetts residents already have smoke-free policies in their homes. (U.S. Centers for Disease Control and Prevention, 2007) Smokers as well as non-smokers want to live in smoke-free homes because they understand the danger of exposure to secondhand smoke.

Remember that smoke-free policies are not discriminatory. They protect the health of tenants by removing a known carcinogen from the air. As the landlord or property manager, you are simply asking smokers to smoke outside for the safety and protection of all those who live and work in the building.

Q7: Isn’t enforcing a smoke-free policy really difficult?

No. Landlords and property managers who have established smoke-free policies consistently report that enforcement is easy and that the rules are largely self-enforcing. Many residents support smoke-free policies. In fact, once the rule is established, you are likely to attract residents who not only support smoke-free policies, but also intentionally seek out properties that are smoke-free.

Some additional tips for enforcement:

Clearly Post “No Smoking” signs as a reminder to both residents and guests.

Thoroughly clean up cigarette butts and remove ash trays prior to the smoke-free policy going into effect.

Tell your residents why you have a “No Smoking” rule. There are materials and information on this web site to help you talk to your tenants about the smoke-free policy.

Respond quickly and consistently to potential violations. Make it clear that residents will be held responsible for complying with the smoke-free policy in the same way they are responsible for complying with other lease requirements, i.e. pets, noise, trash, etc.

For more information, read A Case for Smoke-Free Housing.