Boston Smoke-Free Homes - Homeowners & Tenants

Facts you should know:

Secondhand smoke is a significant cause of illness in the home and a major cause of preventable death in the United States.
A majority of people in Massachusetts and nationally prefer smoke-free housing. 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)
In addition to non-smokers, many smokers, understanding the dangers of secondhand smoke, do not smoke inside their homes. Surveys taken in other parts of the country show a strong preference for smoke-free homes. For example:

A recent Massachusetts survey shows strong support for smoke-free multi-unit housing with 66% of tenants more interested in looking at property listings that are designated as entirely non-smoking.
In Maine, 90% of registered voters surveyed agree that people should be protected from secondhand smoke and nearly 75% of renters would prefer to live in smoke-free apartments.
In a 2003 survey in Washington, two-thirds of renters surveyed preferred smoke-free housing.
Click here to view surveys from around the country.

Non-smokers with serious breathing disabilities such as asthma or allergies may have legal protection under federal and state law and should speak with their doctor if this is a concern.

It is entirely legal for landlords and condominium associations to prohibit smoking in their buildings, including inside the units. There is nothing under Federal or Massachusetts law that prohibits the establishment of smoke-free policies in multi-unit dwellings. According to attorney and former U.S. Magistrate Judge Jay R. Petterson: "If [owners] decide to adopt a smoke-free policy for your building, be assured that this is not prohibited by law. A smoke-free policy remains part of the inherent rights of one who owns property, and should be viewed as preserving the value of your property and a protection of your (residents).”

A smoke-free policy is NOT discriminatory. Smokers are not being excluded from the building. They are simply being told to smoke outside.

On this site, you will find all the information you need to protect yourself and your family from exposure to secondhand smoke in your home.

Are you currently looking for a smoke-free house, condominium or apartment? Check listings on our Smoke-Free Housing Registry.

The information and materials contained on this web site 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.