Smoking Problems From Neighboring

Resolving Exposure to Secondhand Smoke In Apartments and Condos

If you are suffering from exposure to tobacco or marijuana smoke coming into your unit, you are not alone! Colorado has no laws regulating smoking inside an individual unit in multiunit residences. Colorado's Clean Indoor Air Act does require no-smoking policies in all indoor common areas and main entrances (with some community exemptions) of any residential apartment building. The following suggestions and information may help resolve the problem. Additional resources and tips can be found in the More Helpful Materials section of this web site.

GASP provides these suggestions as a public service. Nothing in this document should be considered legal advice; please consult an attorney before pursuing legal action. Colorado law prohibits housing providers from retaliating against residents for reporting unsafe conditions of their residential premises.

If your everyday life and health is affected by the exposure to secondhand tobacco or marijuana smoke in your housing you may be able to use the Fair Housing Act, which prohibits discrimination against people with disabilities in housing. GASP provides a list of fair housing agencies in Colorado here that might be able to help. Local health departments may be able to provide helpful materials and resources such as cessation services or mediation. To contact your local health department to initiate a complaint click here.

1) Keep track of your actions: Track the steps you take to eliminate or reduce tobacco smoke coming into your residence by writing down everything you do, say, or get in writing. Use GASP’s tracking form.

2) Determine where the smoke is coming from

Tobacco or marijuana smoke can migrate through ventilation systems or come through plumbing-fixture gaps, baseboards, sprinkler heads, light-fixture openings, plaster cracks, bathroom fans, and other unsealed openings. Sealing the largest openings may help reduce the smoke coming into a unit; however, these options may not eliminate the harm caused by breathing secondhand smoke. No air-filtration device currently available can get all the toxic or cancer-causing chemicals in tobacco or marijuana smoke out of the air.

3) Examine the lease

Leases may prohibit anything that may cause annoyance, irritation, or health problems to other residents. Common examples are playing music too loudly, having late-night parties, storing paint or other flammable materials, and others. Does your lease prohibit nuisances or activities that limit “the peaceful enjoyment” in your dwelling? Such clauses in a lease may help achieve a smoke-free policy. Condominiums and HOA rules may require a vote of most of the owners and/or Board approval to institute a no-smoking policy. GASP provides some tips for condominiums and HOAs here.

4) Obtain medical documentation

If you or others in your residence have a health condition such as asthma, hay fever, allergies, cancer, or pulmonary or cardiac disease that makes it necessary to avoid exposure to tobacco or marijuana smoke, obtain a letter from a medical provider stating you should avoid exposure to secondhand smoke due to your health problems. Once a letter is obtained from your doctor, send a copy to the management by certified mail, return receipt requested. Even in cases where there is no recognized medical condition, you may be able to obtain such a letter by talking to your medical provider about how secondhand smoke affects you.

5) Approach management or put it in writing

Discuss the problem with management to try to resolve the problem. If that does not produce results, putting your complaint in writing may help show management you are serious. Sending copies of your correspondence to your local tobacco-prevention program may help. GASP has a sample letter-writing tool that could be used to communicate with management. Educate management on how smoke-free policies reduce maintenance and cleanup costs and reduce fire danger. Most Coloradans do not smoke and prefer to live in a smoke-free building. GASP’s Colorado Guide to Establishing No-Smoking Policies in Multiunit Housing may be helpful.

6) Seek out others for support

A complaint coming from several people may be taken more seriously than a complaint from one person. Contact other neighbors, participate in resident meetings, write an article for an apartment newsletter, or post notices on building bulletin boards. Conducting resident surveys with the consent of management may help convince management that most residents support a smoke-free policy. Your local tobacco-prevention or fair housing program may be able to aid, resources, or referrals. Share your experiences with elected officials at the city, county, and state level and ask them to investigate laws to protect you from secondhand smoke in your dwelling. Consider filing a complaint with the Better Business Bureau or your District Attorney’s consumer office.

Educate people about the dangers of secondhand smoke. People who might not otherwise be concerned about tobacco of marijuana smoke may view it quite differently if they know that secondhand smoke causes lung cancer, and heart disease, has 250 toxic and cancer-causing chemicals, and causes thousands of deaths each year. In addition, up to 50% of the air in an apartment is recirculated. For more information about secondhand tobacco smoke, visit the GASP Web site and smokeissmoke.com for information about secondhand marijuana smoke.

7) Try using mediation

Sometimes the best way to resolve this problem is to involve a mediator or mediation services that will get all parties together to try to resolve the issue. This will likely be less costly than going to court. The Colorado Mediation Association provides an online system for finding paid mediators and your local tobacco-prevention program may help find free or low-cost services.

8) Should I move?

If it is possible to get out of the lease, then moving might be considered as an option as it may be easier, take a lot less time, and be less expensive than a lawsuit. If you move, make sure your next place is a smoke-free building. Mysmokefreehousing.com provides a list of residential buildings that do not allow smoking inside or on the entire property. Be sure to visit them first, review the lease and building rules, and talk to the residents about the no-smoking policy. Use the Internet and search for “no-smoking” or “smoke-free” apartments.

9) Should I seek legal assistance?

You may have a better case if you can document that you have made every attempt to resolve the problem. Keep in mind that going to court can be expensive, can take a long time, and winning a case is not guaranteed. If you have never obtained legal help before, here are some tips about hiring a lawyer. Some resources for locating an attorney include: low-income legal aid, Fair Housing Agencies, the https://www.cobar.org/For-the-Public, and the Colorado Trial Lawyers Association.

The Group to Alleviate Smoking Pollution (GASP of Colorado) is a statewide nonprofit organization working to eliminate secondhand smoke from the air we breathe by advocating for smoke-free policies at work, in public places, and in multiunit housing. Your tax-deductible donation helps GASP advocate for your right to breathe smoke-free air at work, in public housing, and in multiunit housing.

May be reprinted or copied with appropriate attribution to the

Information about GASP and secondhand smoke | gaspforair.org

Smoke-free housing listings and resources | mysmokefreehousing.org

Information on secondhand marijuana smoke | smokeissmoke.com