Landlord Rights
Much like you might not allow pets or loud music in your apartment building, it is also your right to adopt a comprehensive smoke-free policy. As long as you follow the state's landlord-tenant laws, you should be able to change your smoking rules just like any other rule. (Review Washington's landlord-tenant laws.)
Smoking is not a protected behavior under any federal, state or local laws. (Read an analysis by the Technical Assistance Legal Center.) Because smoking is not a characteristic that people are born with, prohibiting the behavior doesn't discriminate against any particular group. Owners and landlords of multi-unit dwellings are allowed to set reasonable rules that protect their investments and the health of their tenants.
The U.S. Department of Housing and Urban Development (HUD) has determined that the right to smoke is not protected under law. In Washington, for example, a number of housing authorities have already adopted smoke-free policies for some or all of their buildings, including the King County Housing Authority and the Walla Walla Housing Authority. The Smoke-Free Environments Law Project conducted an analysis (PDF) of federal and state laws, HUD rules and legal cases and found "unequivocally that a ban on smoking for new tenants who move into public or section 8 housing is permissible in all 50 states." However, landlords may be required to allow existing tenants to continue smoking until the time of their lease renewal.
A smoke-free policy doesn't mean that landlords can't rent to people who smoke – it just means that smoking is prohibited in areas that interfere with the health of others, according to the rules established in their lease agreement.
If you are considering a smoke-free policy, keep in mind that some tenants may want to take the opportunity to quit smoking. Kicking the tobacco addiction can be a difficult process but there are resources here in Washington that can help. All Washington residents are eligible for free quit support from the state’s Tobacco Quit Line. Learn more at www.quitline.com or call 1-800-QUIT-NOW.
Smoke-free policies reduce owner liability
Smoke-free policies may protect apartment owners from certain liabilities. Non-smokers with serious breathing disabilities or smoke allergies have legal protection under federal and state laws. That's because secondhand smoke can interfere with some disabled tenants' ability to have equal access to, and enjoyment of, their housing. Depending on the situation, certain tenants may be protected under the Americans with Disabilities Act (PDF) and/or the Fair Housing Act (PDF). When this is the case, landlords are required to make reasonable accommodations to protect their tenants from secondhand smoke.
Since no known ventilation technology is capable of keeping out secondhand smoke, the only way to completely protect the health of tenants is to create a smoke-free policy or to move smokers and nonsmokers into separate buildings. The American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) position statement on secondhand smoke (PDF) says that "Currently, the only way to effectively eliminate health risks associated with indoor exposure is to ban smoking activity."
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Last Updated: 06/05/08
This Web site contains information on the revised Clean Indoor Air Act (RCW 70.160). It is not legal advice. This information cannot be considered as a substitute for legal advice from and representation by a qualified attorney.
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