Smoke-free housing

Secondhand smoke (SHS) is the third leading cause of preventable disease in the U.S. and a leading cause of acute and chronic disease. Secondhand smoke can negatively affect residents in multi-unit housing, apartment complexes, and condominiums. For example, it may seep from one unit to another through crevices or shared ventilation systems.

Secondhand smoke not only causes discomfort and annoyance, it also is a serious health hazard. There is no risk-free level of exposure to SHS, and children are often the most affected.

Important SHS facts to note:

It contains more than 7,000 chemicals, 70 of which are known to cause cancer. Additionally, chemicals such as diacetyl, acetaldehyde and vitamin E acetate increase the risk of stroke and developing heart and lung disease.¹
Approximately 41,000 people die annually across the nation from SHS-related health effects.²
Exposure increases health concerns in children, such as coughing, upper respiratory (lung) infections and asthma.
Ventilation systems do not eliminate health hazards.

The Utah Department of Health and Human Services Secondhand Smoke Guide for Residents includes information about SHS; steps to take when exposed to SHS; and frequently asked questions, such as what to tell landlords when exposed, how to temporarily reduce exposure, and where to find smoke-free communities.

If residents are exposed to SHS, they should quickly inform their landlords. Residents may also contact their local health department.

^{1. Centers for Disease Control and Prevention (CDC), Smoking & Tobacco Use: Secondhand Smoke (SHS) Facts. Retrieved from https://www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.html}^{2. Centers for Disease Control and Prevention (CDC), Smoking & Tobacco Use: Tobacco-Related Mortality. Retrieved from https://www.cdc.gov/tobacco/data_statistics/fact_sheets/health_effects/tobacco_related_mortality/index.html}

Guide for residents

Discover ways to reduce SHS exposure and how to tell landlords about SHS-related problems.

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Employers

Find out how to implement a smoke-free policy and how it can save money and improve employees’ health.

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Landlords

Find out how to implement a smoke-free policy to protect your residents from secondhand smoke and create a healthier living environment.

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Search for Smoke -free Housing

Enter a zip code and distance radius to search for smoke-free housing near you!

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The three listing types in this directory:

properties that completely ban smoking on the premises, including units, common areas, parking areas, balconies or patios, and any other buildings
properties that ban smoking inside buildings, units, and potentially on balconies or patios
properties that also ban smoking inside buildings and units, but also prohibit smoking within a certain distance (e.g., 25 feet)

Have a smoke-free property? Apply to have it listed in the directory.

Smoke-free policies protect residents from SHS exposure and property from damage. Much like in worksites and public places, smoke-free policies do not ban people who smoke from being on the premises. Rather, they prohibit the act of smoking on the property.

Going smoke-free is good business.

Good Health Is Good Business: Landlords’ guide to increasing revenue by adopting smoke-free policies
This guide informs property managers about how to establish a smoke-free policy. Additionally, it provides information on how to ask tenants smoke-related questions; how to write smoke-free policy addendums to leases; and how to convey policy-related details to residents.

Have a smoke-free property? Apply to have it listed in the Smoke-Free Directory.

To learn how to adopt a smoke-free policy, access this Multiunit Housing Toolkit.

Other smoke-free policy resources include:

Frequently asked questions

Yes. According to federal, state, and city laws and court rulings, tenants who don’t smoke have the right to be free from the health hazards of SHS. As such, property owners may implement total smoke-free policies. Rather than being sued for no-smoking policies by people who smoke, property managers are more likely to be sued by non-smokers for hazards caused by SHS. In federally subsidized housing, it is unlawful to refuse residence to someone who smokes. However, it is lawful to prohibit smoking on the premises. It is also lawful to advertise as “smoke-free” or as a “no smoking facility.”

Yes. The U.S. Department of Housing and Urban Development (HUD) requires all public housing to have smoke-free policies. This rule protects the health of residents and staff, as well as lowers maintenance costs, and reduces the risk of fire. Although the HUD rule does not include electronic cigarettes and vaping, Utah law does consider using these devices as “smoking.” As such, many public housing authorities include vape products in their no-smoking policies. Learn more about the HUD rule here.

Residents and smoke-free multiunit housing

Smoke-free policies protect residents from SHS exposure and property from damage. Much like in worksites and public places, smoke-free policies do not ban people who smoke from being on the premises. Rather, they prohibit the act of smoking on the property.

Air filtration and ventilation systems do not eliminate health hazards caused by secondhand smoke. Residents have a right to live in an environment that is free from the risks of secondhand smoke and may advocate for smoke-free policies at their housing complex. Residents who are negatively affected by secondhand smoke may have the right to seek legal action. In that case, here are important things to know:

Smoke-free policies in apartments and condominiums are permitted under federal and Utah law.
Residents who smoke are not a protected legal class, i.e., there is no “right to smoke” under the law
People who have breathing disabilities or smoke allergies may have legal protection under the American with Disabilities Act and Fair Housing Act.
People should consult their doctors about how secondhand smoke affects their conditions and acquire related documentation.

Many landlords may not be aware that secondhand smoke is a problem in their buildings. Direct them to the landlord section of this website where they will learn about the many benefits of a no-smoking policy. The Multiunit Housing Tool Kit is also an excellent resource.

As a renter, the Utah Department of Health and Human Services Secondhand Smoke Guide for Residents includes information about secondhand smoke; tips for enforcement; frequently asked questions; information about what you can do if there’s already a problem; and information about how to talk to your landlord, make temporary fixes, and help you find a smoke-free community.