What Can I Do When
Tobacco or Marijuana Smoke Drifts into My Unit?
The web links in blue provide further helpful resources.
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 of any residential apartment building.
The
following suggestions and information may help resolve the problem. Nothing in this document should be considered
legal advice; please consult an attorney before pursuing legal action. Contact your local tobacco-prevention
program as they may be able to provide
resources, referrals, or assistance. Also
see the More Helpful Materials section of this web
site.
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
Some
activities often regulated or prohibited in a lease include 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 the
majority 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
program may be able to provide assistance,
resources, or referrals. Share your
experiences with elected officials at the city, county, and state level and ask
them to look into laws to protect you from secondhand smoke in your dwelling.
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 50,000 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. Some communities or health
departments may offer free mediation services.
The Colorado
Mediation Association provides an online system for finding
paid mediators.
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, DU
list of legal aid services, the Colorado Trial Lawyers Association,
and the Colorado
Bar 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.
None of the suggestions provided in this document shall
constitute legal advice.
Please consult an attorney before pursuing legal action.
Group to
Alleviate Smoking Pollution
GASP of
Colorado