Landlord Rights
It’s your right to adopt a comprehensive smoke-free policy—just like you might not allow pets or loud music.
Smoking is not a protected behavior under any federal, state or local laws. (Read an analysis by the Technical Assistance Legal Center stating that there is no constitutional right to smoke.) Because smoking is not a characteristic people are born with, a no-smoking rule doesn't discriminate against any particular group.
A synopsis by the Tobacco Control Legal Consortium provides a detailed analysis of a landlord or owner’s legal right to prohibit smoking on their properties.
Smoke-free policies reduce owner liability
Smoke-free policies actually protect apartment owners from certain liabilities. Non-smokers with serious breathing disabilities or smoke allergies have legal protection under federal and state laws. Secondhand smoke can interfere with some disabled tenants' ability to have equal access to, and enjoyment of, their housing.
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.
HUD-assisted housing
In 2009, the U.S. Department of Housing and Urban Development (HUD) released a memo that “strongly encourage Public Housing Authorities (PHAs) to implement non-smoking policies in some or all of their public housing units.” The memo goes on to state: “PHAs are permitted and strongly encouraged to implement a non-smoking policy at their discretion, subject to state and local law.”
In Washington, a number of housing authorities have already adopted smoke-free policies for some or all of their buildings, including the King County Housing Authority, the Walla Walla Housing Authority, and the Clallam Housing Authority.
The Smoke-Free Environments Law Project conducted an analysis (PDF) of federal and state laws, HUD rules and legal cases 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.
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Last Updated: 02/23/10
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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