Utah Smoke-Free Apartment and Condominium Guide: Managers and Owners

Smoke-free Apartment and Condominium Statewide directory

Additional resources

Here are some reasons to change the smoking policies of multiple dwelling units:

• Secondhand smoke (SHS) is hazardous to one’s health.
• Secondhand smoke drifting from other units is a problem for many renters and owners.
• There is a market for smoke-free rental units in a wide spread of prices and for various types of renters or buyers.
• Landlords or condominium associations who ignore the issue of smoking face a growing likelihood of suits by victims of SHS exposure. Landlords or condominium owners who choose to offer no-smoking options or to limit smoking may reduce their risks of such suits without exposing themselves to civil rights claims by smokers.
• Residents are protected from the dangers of SHS exposure.
• Surroundings will smell better.
• Food will taste better.
• Smoke-free apartment or condominium buildings may have an increased re-sale value.
• Pets will be healthier. (For example, dogs exposed to SHS have an increased risk of cancer.)

Making rental units smoke free can save money:

• Landlords and apartment managers can save money by reducing the damage that smoke causes (e.g., extra cleaning bills, paintings costs, and property damage such as cigarette burns on carpets).
• Smoke-free units reduce fire danger, which may also reduce insurance costs.
• Smoking materials (i.e., cigarettes, cigars, etc.) is the leading cause of home and total fire deaths in the United States. In 2003, there were an estimated 25,600 structural fires caused by smoking material resulting in direct property damage at approximately $481 million.
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	Fill in openings in floors and walls using tape, foam, or caulk.
	Install pads and seals around electrical outlets and switches.
	Waterproof doors and windows with weathering stripping.
	Install fans and increase outside air, this will help to remove smoke or bring in fresh air.
	Ask smokers to restrict smoking: for example ask them not to smoke near openings, windows, or doors.
	Post “No-Smoking” signs in common areas.

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• Talk about it! Sit down with tenants living in your apartment or condo and discuss ways to make the complex smoke free.
• Don’t allow smoking in your apartment or condo. Politely ask people--even houseguests--to smoke outside.
• Make it clear that you are keeping your apartment or condo smoke free to protect others in the community complex from the harmful effects of SHS, not as a punishment to someone who smokes.
• If you provide for smokers, make the smoking area as comfortable for them as possible.
  Thank friends and family for helping to keep the apartment or condominium community smoke free.
• Amend the rental lease, or condominium association agreement to prohibit smoking in the units, patios, balconies, and common areas.
• Make signs available to tenants that indicate a smoke-free apartment or condominium community.
• Offer incentives to support a smoke-free policy. A landlord or apartment manager can offer non-smoking tenants an opportunity to move into vacated units that have been freshly painted or cleaned. This will help to create a smoke-free building.
• Post “No Smoking” signs in common areas, playgrounds, etc.

When your apartment or condominium community decides to develop a policy to prohibit or restrict smoking, it is time to develop a plan to help with implementation of the policy. Below are suggestions to implement a smoke-free policy in new and existing building(s).

For New Buildings

Implementing a smoke-free policy should be fairly easy in a new community, as your residents have no pre-existing expectations. Simply follow these steps to create a healthy and safe policy for your new property:

For Existing Buildings

If you would like to implement a new smoke-free policy in an existing building, consider these helpful tips:

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You may want to offer residents some type of an incentive, such as a raffle ticket, or gift card to encourage your residents to complete the survey. When preparing your survey be sure to include the following areas in the survey:

Tenant’s attitudes about smoking
Smoking rules in each household
Tolerance to secondhand smoke and smoking
Preference or support for smoke-free complexes and establishing smoke-free policies

Sample Questions

For your convenience, a sample survey is provided at:

(english) http://www.tobaccofreeutah.org/tenantsurvey.pdf (PDF 23.3 KB)

(español) http://www.tobaccofreeutah.org/sptenantsurvey.pdf (PDF 22KB)


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The key elements of a smoke-free lease or declaration are as follows:

• The unit should be defined as a smoke-free residence.
• The resident’s responsibility is to inform guests of the no smoking policy and to prohibit smoking by household members or guests while on the premises. Smoking by the residents, household members, or guests is a violation of the lease.
• The landlord, property manager, or condominium association’s responsibility is to post “smoke-free” or “No Smoking” signs.

For your convenience, model polices are provided. To view these examples see:

http://www.tobaccofreeutah.org/model_policy_for_a_smoke-free_apartments_and_condominiums.pdf (PDF 10KB)

http://www.tobaccofreeutah.org/smokefreemodelpolicy.pdf (PDF 10.2KB)

http://www.tobaccofreeutah.org/nosmokingpolicy-example (PDF 18.5 KB)

http://www.tobaccofreeutah.org/samplepetition-smokefreecondo.pdf (PDF 10KB)

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Significant precedent exists for pursing remedies under the common law theory. Owners
of apartment buildings and condominiums may choose to adopt a smoking policy that
requires all or part of a building to be smokefree, including individuals units. Condominium
owners may require no smoking when the condominium is being rented or leased to
a tenant.

The following information summarizes actual lawsuits filed by various apartment dwellings
throughout the United States. The information can assist property management companies,
owners and managers with facts to help them make a safe living environment for their
tenants:

http://www.tobaccofreeutah.org/legalcases-shs.pdf (PDF 41KB)

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Signs are an easy way to alert tenants and guests about the smoking policy in your
apartment or condominium community. To view and to download examples of signs go to:
http://www.tobaccofreeutah.org/aptcondoguide-signs.html

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Please provide the following information. Send completed information to: 
TheTRUTH@utah.gov.  The information will be reviewed and posted on
the Smoke-Free Apartment and Condominium Statewide Directory.

For emailing, copy the information below and insert it in your email:

Housing Complex Name:
Address
City, State Zip

Contact Name
Email
Phone #
Fax #
Website Address

Details(Additional Info)

# of Smoke free units/# of smoke-free buildings

or

A pdf copy is provided so the information can be filled out by hand and faxed to:

The TRUTH; Fax number: 801.538.9303

http://www.tobaccofreeutah.org/aptcondoapp.pdf (PDF 20KB)

If you have questions about the application, directory, or smoke-free policies please call 801.538.6754

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Frequently asked questions: managers or owners

1.   Would a smoke-free policy illegally and unfairly discriminate against smokers?

The right to smoke or not to smoke is not a right that is protected under the Civil Rights
Act of 1964 because smokers are not a protected class under federal law. Also, owners
may use as a legitimate argument that smoking adds maintenance expenses and damages
carpets, drapes and paint. A smoke-free policy is acceptable only if it targets the behavior,
not the smoker. That is, you can rent to a smoker, but they are not allowed to smoke in
the units. You have the right to restrict smoking in the units, building, common areas, and on the premises.

2.   Why are smoke-free apartments legal?

The right of nonsmokers to be free from exposure to secondhand smoke is protected by
both legislation and judicial rulings. There are federal, state, and local laws protecting
nonsmokers. Apartment owners are permitted by federal and state law to adopt total
smoke-free policies. There are numerous cases involving tenants who have sued on the
basis of nuisance, breach of common law, covenant of quiet enjoyment, etc. In federally
subsidized housing, one cannot refuse to rent a unit to a smoker, but can prohibit smoking
in the unit. Anyone can rent, however they or their guest cannot smoke in the unit. Advertising “smoke-free” or “no-smoking facilities” is also legal.

3.   Won’t I lose money if I implement a smoke-free policy?

Actually you could save money with a smoke-free policy. Smoking is the cause of a
variety of expensive property damages, ranging from extra cleaning to costs to fire-related
repairs. It can cost up to twice as much to prepare an apartment that a smoker has lived in.
When a tenant who smokes moves out, costly cleaning and repairs are often necessary to
prepare the unit for new tenants. These costs include removing tar and nicotine from walls,
cabinets, blinds and fixtures, eliminating smoke odors in drapes, carpets, and walls, and
repairing damaged, burned, or singed carpet, tiles, and drapes.

4.  Would a smoke–free policy instigate a lawsuit from an angry smoker?

You will more likely face a lawsuit from a frustrated nonsmoker than from a smoker.
Today’s legal climate tends to favor nonsmokers in these kinds of disputes. Many legal
cases involving various apartment dwellings throughout the United States have been filed
and won by residents. Under Utah law, secondhand smoke is considered a nuisance in
apartments and condominiums. For more information on the Secondhand Smoke
Amendments, contact your legal advisor.

5.  Would enforcement of a smoking ban be difficult?

Once you implement a policy, smoking will be so noticeable by other residents that you
are likely to hear about it. Enforcing a policy is less of a headache that mediating disputes
between smoker and nonsmokers without a policy in place. “No Smoking” signs help
increase awareness and decrease the need for management intervention. You would use
roughly the same enforcement policy you use for other violations of rules such as throwing
loud parties, or parking in prohibited areas. If you do have a “no-smoking” policy in place
and you do not enforce it, you may be held liable for the consequences.

6.   As a manger/owner, can I tell someone that they can or cannot smoke in their
own home?

Most complexes restrict behavior to some degree, whether it involves loud noise or pets.
As the manager/owner, you have the right to create reasonable rules for your tenants.

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