Boston Smoke-Free Homes - Rights and Responsibilities

There is nothing under Federal or Massachusetts law that prohibits smoke-free apartment or condominium policies. Let your landlord, property management company, or condominium association know that you support smoke-free housing.

Smoke-free policies are about banning smoking, NOT about banning smokers from living in or visiting a building. Smokers can continue to live in and visit the building as long as they do not smoke indoors.

Landlords and condominium associations can, and often do, make their entire building(s) smoke-free. Some choose to apply the policy to portions of the building, or if there is more than one building, to some buildings and not to others.

Common areas of any building into which the public is invited or is a workplace area must already be smoke-free under Massachusetts’ Smoke-Free Workplace Law. In an apartment or condominium, this would include hallways, laundry rooms, and any other area of the building that is cleaned, maintained, or occupied by a worker (i.e. contractor or employee of the owner or property management company).

All residents must abide by the smoke-free policy contained in their lease or condominium rules or be subject to consequences, just like any other lease or rules such as restrictions on noise or pets. Residents are responsible for the compliance of their visitors and guests in their home.

Non-smokers with serious breathing disabilities or smoke allergies may have legal protection under the Americans with Disabilities Act, the Federal Fair Housing Act, and Massachusetts anti-discrimination laws. If secondhand smoke seriously affects your ability to breathe, consult a doctor.

Though you can’t completely eliminate your exposure to secondhand smoke if your neighbors smoke in their units, you can take an important step by eliminating smoking in your own apartment or condominium. Click here to take a smoke-free homes pledge and to order free materials such as window and door decals to let family and friends know that your home is smoke-free.

The Law. According to Attorney & former U.S. Magistrate Judge, Jay R. Petterson:

"If you 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).”

There is nothing under Federal or State law that prohibits the establishment of smoke-free policies. The Fair Housing Act (FHA), among other things, prohibits discrimination against people with disabilities, including those with severe breathing problems that are exacerbated by secondhand smoke. The FHA prohibits such discrimination by owners and operators of most housing, including the majority of apartments and Section 8 and other HUD-assisted housing. This means that the FHA allows people with breathing disabilities to seek reasonable accommodations from owners and operators of most housing in the U.S. to address the serious health hazards posed by secondhand smoke that may infiltrate their housing. Click here for more information on the FHA.

Specifics for your home:
Click on the links below to jump to the type of home you have for more details and information.

Single family homes
Condominiums
Apartments
Subsidized housing

Single Family Homes

Owners of single family homes have the obvious benefit of being able to make their own home smoke-free. They also don’t have to worry about secondhand smoke seepage from neighboring units. It is important to know that the only way to completely protect yourself and your family from secondhand smoke is to ban smoking completely from your home. This means no smoking in a basement, garage or any other enclosed indoor area. There is no safe level of exposure to secondhand smoke and it can travel from room to room

Take a smoke-free homes pledge and order free materials such as window and door decals to let family and friends know that your home is smoke-free.

Condominiums

It is critically important as a first step to make your own condominium unit smoke-free. You should know that the only way to protect yourself and your family from secondhand smoke in your home is to ban smoking completely from your home – including in the basement, garage or any other enclosed indoor area. There is no safe level of exposure to secondhand smoke and it can travel from room to room.

Take a smoke-free homes pledge and order free materials such as window and door decals to let family and friends know that your home is smoke-free.

Condominium boards and associations have the legal right to adopt smoke-free housing policies. Condominium associations often seek to create smoke-free policies because homeowners understand it to be a good investment. Smoke-free policies reduce money spent on cleaning and repainting, and they lower the risk of fire. These policies are enforced just like any other condominium policy such as restrictions on noise or pets. Enforcement is usually quite easy.

Because of seepage of secondhand smoke between units, neighbors who smoke in their condominiums can expose your home and family to secondhand smoke. Talk to your condominium association about establishing a smoke-free policy as part of the condominium covenants.

Workplaces and common areas of any building where the public is invited must already be smoke-free under Massachusetts’ Smoke-Free Workplace Law. In a condominium, this would include hallways, laundry rooms and any other area of the building that is cleaned, maintained, or occupied by a worker (i.e. contractor or employee of the condominium association or property management company). If this law is being violated, you can report it to the Massachusetts Department of Public Health by completing this complaint form or calling 1-800-992-1895.

Condominium Policy Options Inside Residential Units:

Non-smoking units. The condominium rules can be amended by a vote of the unit owners to designate all units in the condominium complex or some of the buildings in the complex as completely smoke-free. The new rule would include all owners, renters, guests, service or repair contractors.

Smoking Units. A condominium association may decide to designate some units as “smoking units” or to “grandfather in” existing units (meaning that they can allow smoking there until they are sold). However, the condominium bylaws should include language that all smoking/grandfathered units shall be subject to nuisance complaints from other residents. In this case, if a complaint of health problems occurs due to smoke passing into other units or down hallways the condominium association or the complainant can take action to address the secondhand smoke seepage. (Smoke-Free Housing Consultants)

Although they will not completely solve the problem, there are steps you can take while you are working with the condominium association and other residents toward a smoke-free living space that will help:

Have your property management company improve the air ventilation system by:

Adding more fresh air intake into the ventilation system.
Restricting the amount of air exhausted through the ventilation system from the residences of neighbors who smoke.

Speak with residents who smoke and request that they smoke only near open windows and with enhanced air filtration (fans, etc.).

Have your property management company install door sweeps to keep out drifting smoke.

Request that all cracks be filled or patched, including those around plumbing pipes and those inside of cabinets on common walls.

Apartments

You should know that the only way to protect yourself and your family from secondhand smoke in your home is to ban smoking completely – including in all bedrooms, bathrooms, and other enclosed indoor areas. Secondhand smoke can travel from room to room, and there is no safe level of exposure.

Because of the seepage of secondhand smoke between units, neighbors who smoke in their apartments can expose your home and family to secondhand smoke. Talk to your landlord about establishing a smoke-free policy for the building.

Landlords have the legal right to adopt smoke-free policies, for any and all units. Many landlords have already done so. To establish a smoke-free policy, the landlord simply has tenants sign a No Smoking Lease Addendum that states smoking is prohibited in the building or in any apartment unit. Existing tenants sign the addendum when their leases are renewed. New tenants sign the addendum when they sign their lease.

Landlords may prohibit smoking in common areas immediately simply by giving tenants notice. Indeed, common areas of any building into which the public is invited or is a workplace must already be smoke-free under Massachusetts’ Smoke-Free Workplace Law. In an apartment building, this would include hallways, laundry rooms and any other area of the building that is cleaned, maintained, or occupied by a worker (i.e. contractor or employee of the landlord or property manager). If this law is being violated, you can report it to the Massachusetts Department of Public Health by completing this complaint form or calling 1-800-992-1895.

Although they will not completely solve the problem, there are steps you can take while you are working with the landlord toward a smoke-free living space that will help:

Have your property management company improve the air ventilation system by:

Adding more fresh air intake into the ventilation system.
Restricting the amount of air exhausted through the ventilation system from the residences of neighbors who smoke.

Speak with residents who smoke and request that they smoke only near open windows and with enhanced air filtration (fans, etc.).

Have your property management company install door sweeps to keep out drifting smoke.

Request that all cracks be filled or patched, including those around plumbing pipes and those inside of cabinets on common walls.

Subsidized Housing

You should know that the only way to protect yourself and your family from secondhand smoke in your home is to ban smoking completely from your home -- including all bedrooms, bathrooms, and other enclosed indoor areas. Secondhand smoke can travel from room to room, and there is no safe level of exposure.
Because of the seepage of secondhand smoke between units, neighbors who smoke in their apartments can expose your home and family to secondhand smoke. Talk to your landlord about establishing a smoke-free policy for the building.

In subsidized housing, landlords may establish a no-smoking policy for new residents. For existing residents (or their guests) who smoke, owners may add a no-smoking provision to the lease at the time it is renewed, as long as the appropriate state or federal authority has approved the lease change if such approval is required. Landlords may allow existing residents to continue to smoke in their units as long as they live there (opting for a “phase in approach” to a smoke-free policy), but are not required to do so.

Common areas of any building into which the public is invited or is a workplace must already be smoke-free under Massachusetts’ Smoke-Free Workplace Law. In an apartment building, this would include hallways, laundry rooms, and any other area of the building that is cleaned, maintained, or occupied by a worker (i.e. contractor or employee of the landlord or property manager). If this law is being violated, you can report it to the Massachusetts Department of Public Health by completing this complaint form or calling 1-800-992-1895.

Although they will not completely solve the problem, there are steps you can take while you are working with the landlord toward a smoke-free living space that will help:

Have your landlord improve the air ventilation system by:

Adding more fresh air intake into the ventilation system
Restricting the amount of air exhausted through the ventilation system from the residences of neighbors who smoke

Speak with residents who smoke and request that they smoke only near open windows and with enhanced air filtration (fans, etc.)

Have your landlord install door sweeps to keep out drifting smoke.

Request that all cracks be filled or patched, including those around plumbing pipes and those inside of cabinets on common walls.

The information and materials contained on this web site are for informational purposes only and should not be construed as legal advice, nor should they be a substitute for obtaining legal advice from a licensed attorney.