Are No-Smoking Policies Legal in Multiunit Housing?

 

Non-Smoking Policies Can Be Implemented

More than 3,500 multiunit apartments and condominiums in Colorado have adopted policies restricting smoking in all units, common areas, balconies, patios, and entrances.  Many of these also prohibit smoking on the entire grounds.  Visit mysmokefreehousing.com for the most up-to-date list.

 

 

Š      The Colorado Clean Indoor Air Act allows housing providers to make any part of their property non-smoking in section 25-14-206 (1) and prohibits smoking in all indoor common areas in section 25-14-204 (p & u). The law also covers marijuana smoking.

 

25-14-206. Optional prohibitions. (1) The owner or manager of any place not specifically listed in section 25-14-204, including a place otherwise exempted under section 25-14-205, may post signs prohibiting smoking or providing smoking and nonsmoking areas. Such posting shall have the effect of including such place, or the designated nonsmoking portion thereof, in the places where smoking is prohibited or restricted pursuant to this part 2.

 

Š      HUD allows and encourages the implementation of no-smoking policies in public and HUD-subsidized housing (PIH Notice 2012-25 and 2010-21).  HUD is developing policies that will require no-smoking policies for all public housing authorities.

 

Š      Condominiums and HOA rules may require a vote of the majority of the owners and/or Board approval to institute a no-smoking policy for anything other than common areas.  Visit our section on condos and HOAs.

 

Š      “No-smoking” policies for apartment or condominiums units are similar to policies that restrict pets, noises, odors, and other nuisances.

 

Is There a Constitutional Right to Smoke?

 

According to the Tobacco Control Legal Consortium:

 

Š      There is no right to smoke according to the U.S Constitution and no court has ever found that people who smoke are a protected class.

 

Š      The “right to privacy” in the U.S. Constitution includes only marriage, contraception, family relationships, and the rearing and educating of children.

 

Š      While certain groups of people — such as groups based on race, national origin and gender — receive greater protection against discriminatory acts under the U.S. Constitution than do other groups of people, people who smoke have never been identified as a protected class.

 

Š      Smoking is a behavior, not a condition of birth and can be overcome or stopped.

 

Š       “No-smoking” policies are not discriminatory or violate fair housing regulations.

 

 

This fact sheet is provided as a public service and is not intended as legal advice.

                                                                                                       

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