The 13th World Conference on Tobacco OR Health

Objective: Using a combination of existing legal theories and new legal tools, smoking in multi-unit housing common areas and individual units can be regulated by landlords and local jurisdictions.

Methods: Based on public demand for smokefree housing, the Technical Assistance Legal Center (TALC) researched legal options for limiting smoking in multi-unit housing. Opponents of limits on smoking in individual units may raise concerns that such regulations are illegal because they are discriminatory or violate individual freedoms. These fears are unfounded as landlords and local jurisdictions have the legal ability and authority to prohibit smoking in common areas and as well as in individual units. Landlords may adopt voluntary policies prohibiting smoking in their buildings and local governments may pass laws restricting smoking in all multi-unit residences in their jurisdiction.

Results: TALC has developed legal tools, such as a sample ordinance, to educate and assist landlords, tenants, public health advocates, and elected officials in their efforts to establish smokefree housing. Additional materials, such as fact sheets, are also available.