Utah
Smoke-Free Apartment and Condominium Guide- Tenants
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Worried
About Being Exposed to Secondhand Smoke?
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You
may be bothered by secondhand smoke from neighbor's smoke
living in apartments or condominiums. Secondhand smoke
may seep from one unit to another through cracks, or travel
by a shared ventilation system and enter into the living
space of another. Air filtration and other ventilation
systems do not eliminate the health hazards caused by
secondhand smoke. As a tenant, you have a right to live
in an environment that is free from the health risks associated
with secondhand smoke exposure. One solution is to advocate
for smoke-free policies at your residence. Tenants who
are negatively affected by secondhand smoke may have the
right to seek legal action against those who do not make
adequate provisions to protect them from the harmful effects
of being exposed. Smoke-free policies in apartments and
condominiums are permitted under Utah law.
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In
this section you will find useful tools that you can use
to protect yourself from being exposed to secondhand smoke
and live in a smoke-free environment. To find out more
go to:
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What
you should know before you rent
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| Does
the complex you are interested in have a smoke-free policy?
If so, is the policy included in the lease? What are the
terms of the policy? How is the policy enforced?
Does
the lease apply to all applicants? Is a smoke-free policy
being phased in or is a building in transition to becoming
smoke-free?
Ask
the manager or owner what they would do if you were
to have a problem with secondhand smoke? How are you
protected? What are they willing/not willing to do?
Ask about your options of breaking the lease if you
are consistently bothered by the smell of smoke? It
is always a good idea to get written documentation stating
this.
Look
for apartments or condominiums that are smoke-free.
The Utah Smoke-free Apartment and Condominium Guide
Statewide Directory is a list of properties that have
established either total or partial smoke-free policies.
To access the Directory go to:
http://www.tobaccofreeutah.org/aptcondoguide-dir.htm
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Where
to begin if there is already a problem
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The
following are some suggestions of where to begin:
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Try
to find out where the smoke is coming from. |
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If
you feel comfortable, discuss the problem with the
person you believe to be smoking. Perhaps he/she
will agree to smoke in a different room or area;
will agree to keep his/her window/door closed or
not to smoke on the patio or balcony. |
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If
the situation does not improve, talk to your manager
or owner about the smoke. Explain to them that your
apartment may not be safe and healthy to live in
because of the drifting smoke. |
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Talk
to your neighbors. Drifting smoke may also be a
concern for them. Those with health problems or
children with upper respiratory problems are also
likely to be concerned with the effects of secondhand
smoke exposure. They may be willing to also talk
to the manager or owner. |
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Have
your blood or urine tested for levels of Cotinine.
Cotinine is a by-product of nicotine and if it is
in your body, it can be proof that you are breathing
tobacco smoke in your apartment. Have the test as
soon as possible of exposure, since Cotinine breaks
down quickly in the body |
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| Possible
solutions: How to deal with smoking in my apartment building |
| 1.
Inform your manager or landlord
The
first thing to do if you are consistently bothered by
secondhand smoke is to inform your manager or landlord
of the problem. Try to be specific about the problem.
When do you smell the smoke: all the time, once in a
while, morning/evening, only in a particular room in
your unit? Can you tell where the smoke is coming from?
The more information you can provide will help in resolving
the problem. You should state your complaint in writing
and keep copies of any correspondence. Include telephone
conversations as well.
2.
Clarify your goals
Your
main goal is that you do not want you or your family
exposed to the health hazards of secondhand hand smoke.
Following are some ideas you may want to discuss with
your manager or landlord:
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Ask
the individual who is smoking, to smoke outside |
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Ask to be moved to a different apartment, which
is free of drifting smoke. |
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If
the tenant who is smoking is on a month-month lease
agreement, ask your manager/owner to give the neighbor
a 30-day notice to stop smoking in the apartment
or in the area, which is causing the problem. |
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Permit
you to break your lease without a penalty. |
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Consider
making the building smoke-free. |
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As
a last resort, consult your legal advisor to assist
you in getting the problem solved. |
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3. Keep documentation
Again,
you should state your complaint in writing (remember
to be specific about the problem) and keep copies of
any correspondence. If you have a health condition,
such as asthma that is increased as a result of being
exposed to secondhand smoke, get a letter from your
doctor. Give a copy to your manager or landlord, and
be sure to keep a copy for yourself.
For
additional information on tips for tenants: This link
to the American for Nonsmoker’s Rights provides
a short set of steps tenants should consider to protect
themselves from secondhand smoke exposure in their apartment
or condominium. To access this information, go to:
http://www.no-smoke.org
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Promoting
smoke-free policies
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| Residents
of apartments and condos have been successful in organizing
smoke-free policies in their communities. You can work
with other residents and your manager or landlord to get
a smoke-free policy in your complex. Remember, when you
work together with nonsmokers and smokers, you can create
policies that work best for everyone. Over time, areas
will become smoke-free and residents will be living in
a healthy environment. These smoke-free policies can cover:
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Hallways |
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Stairwells |
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Individual units |
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Floors
or sections of buildings |
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Entire
Building |
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Playground areas |
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Pool
Areas |
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Laundry
Rooms |
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| Learn
about the dangers of secondhand smoke. |
In
the last several years there have been a number of studies
indicating that exposure to secondhand smoke is harmful
and should be avoided whenever possible. To find
out more go to:
http://www.tobaccofreeutah.org/ets.html
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| Find
out what others think about smoke-free areas by conducting
a survey of residents, managers, and owners. |
| Survey
Questions: When
preparing your survey be sure to include the following
areas in your survey:
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Tenant’s
attitudes about smoking |
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Smoking
rules in each household |
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Tolerance
to secondhand smoke and smoking |
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Preference/support
for smoke-free complexes and establishing smoke-free
policies |
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Sample
Questions:
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Does
secondhand smoke bother you? |
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Should smokers be allowed to smoke wherever they
would like? |
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Is
it fair to restrict smokers from smoking in their
own homes? |
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Should people have the right to choose whether or
not they are exposed to secondhand smoke? |
5. |
Does
it bother you if individuals smoke in common outdoor
areas where you live, such as the swimming pool
areas, patios or playground? |
6. |
Would
you support a policy that would restrict smoking
in outdoor common areas? |
7. |
Would you support a policy that would restrict smoking
in indoor common areas? |
Educate
your community on the dangers of secondhand by giving
out flyers, holding organized meetings, or by holding
a health fair.
Work
together to develop a policy about smoking in the apartment
or condominium complex.
When
a policy has been developed, present to those who are
key decision makers, such as a manager or an owner.
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Frequently
asked questions: Tenants
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| What
can I do about tobacco smoking drifting into my apartment
from other apartments? If
you are bothered by secondhand smoke there are numerous
repairs that may be helpful in reducing the health risks
associated with secondhand smoke exposure in your unit.
However, keep in mind that these things will not eliminate
exposure 100%. The only way to do that is by having
a smoke-free building. You may need to check with your
apartment manager to determine if these repairs are
something you can do yourself, or if they need approval.
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Fill
in openings in floors and walls using tape, foam,
or caulk |
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Install
pads and seals around electrical outlets and switches |
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Waterproof
doors and windows with weathering stripping |
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Install fans and increase outside air, this will
help to remove smoke or bring in fresh air |
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Ask
smokers to restrict smoking: for example ask them
not to smoke near openings, windows, or doors |
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Post
a “no-smoking” sign on your door indicating
that you support smoke-free homes (For more information
on the EPA’s Smoke-Free Home Campaign visit
EPA website at: http://www.epa.gov/iaq/ets) |
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Are there laws related to smoking in apartment
buildings? Yes.
In 1997, the Utah State Legislation passed what is known
as the Secondhand Smoke Amendments. These amendments
establish that any smoke that drifts into any residential
unit a person rents, leases, or owns, is a nuisance
under the law. For more information on these amendments
go to: http://www.tobaccofreeutah.org/sechndsmokeam.html
How
can I change the smoking policy in my apartment complex?
You
can work with other residents and your manager or landlord
to get smoke-free policies in you apartment community.
See Promoting Smoke-Free Policies
Are
there benefits of going smoke-free that I can share
with my manager/owner?
There
are numerous benefits of having a smoke-free policy
you can share with your manager or landlord. Making
the apartment smoke-free can reduce maintenance costs
and reduce the damage that smoke causes (e.g., costs
associated with cleaning carpets, walls, and repairing
property from burns). Additionally, insurance rates
may be reduced. Smoking materials (e.g. cigarettes,
cigars, lighters, matches, etc) are the leading cause
of home and total fire deaths in the United States.
(Source: http://www.nfpa.org)
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What
can I get my manager or owner to do to reduce my exposure
to secondhand smoke?
The
Utah Department of Health, some local health departments
and community agencies are addressing issues of secondhand
smoke in multiple dwelling units. Suggest to your property
manager to contact someone at the state or local level
to discuss what options are available to him or her
in establishing smoke-free policies.
If
you would like to educate your manager or landlord about
reducing your secondhand smoke exposure or how they
can implement a smoke-free policy, link to the following:
Secondhand Smoke in Apartments and Condominiums:
A Guide for Tenants Front
of Brochure| Back
of Brochure
Secondhand Smoke in Apartments and Condominiums:
A Guide for Managers and Owners Front
of Brochure| Back
of Brochure
You may also want to review " What can be done
to eliminate smoke” section of the Utah
Smoke-Free Apartment and Condominium Guide: Owners
& Managers
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| Educational
Materials |
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