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Tenant Rights
Everyone should be able to breathe clean air where they live. As a tenant, understanding what protections you can reasonably request from your landlord is the first step toward adopting a smoke-free policy. Here are a few important things you should know:
- Smoke-free policies are permitted under both federal and Washington laws, even in assisted housing.
- Smoking is not a protected behavior. For more information, read an analysis by the Technical Assistance Legal Center.
- Landlords and apartment managers can (and often do) make their entire buildings smoke-free. Some choose to apply the policy to portions of the building, or the entire property.
- Nonsmokers with certain disabilities are protected under the Americans with Disabilities Act (PDF) and/or the Fair Housing Act (PDF). If secondhand smoke seriously affects your ability to breathe, consult a doctor to have your condition documented.
- People who live in government subsidized housing are protected as well. The U.S. Department of Housing and Urban Development (HUD) has determined that smoking is not a protected behavior under 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 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."
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Last Updated: 02/24/10
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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