Reporting Violations of the Second Hand Smoke Amendments
What Are the Second Hand Smoke Amendments?
The Second Hand Smoke Amendments are actually a series of various existing statutes that primarily relate to apartments, condominiums, and nuisance laws.
It is important to note that beyond an individual being able to propose changes in apartment or condominium smoking policies via lease agreements or association policies, some of the amendments may necessitate a person's seeking assistance from their legal advisor.
The information provided is for educational and informational purposes only and is not meant to replace advice from your legal advisor.
|Give authority to condominium associations to restrict smoking in
units, common areas, and yard space §57-8-16-7(a),(b)
|Give authority for apartment rental contracts to include prohibitions
on smoking in units, on the premises, or both. §57-22-5-1(h)
|Establish that any tobacco smoke that drifts into any residential
unit a person rents, lease, or owns is a nuisance under the law.
|Provide that residents of condominiums, apartment, or private
homes may seek injunctive relief and/or damages if exposed to
nuisance tobacco smoke. §78-38-1(3)
|Exempt rental units, such as for vacations, or available for only
30 days or less at a time, from the nuisance tobacco provisions.
§78-38-1(4),(5). These units are not exempt from restrictions
placed by a condominium association. §57-8-16-7(a),(b).
|Provide authority for an apartment renter to file a nuisance
action under §78-38-1(1) even if the renter has signed away
his rights to file a nuisance in a rental contract.
What You Can Do
Seek Smoke Free Housing
|Seek apartment and condominium units where the whole
complex is smoke-free.
|When signing a rental contract or lease, check to see if there is a non smoking policy that applies to all tenants/renters
In Existing Housing
|Request that smoking policies be posted at entrance ways to apartment and condominium complexes so visitors and guests are aware of the policy.|
|If you feel comfortable, alert the people in the offending unit that tobacco smoke from their unit is drifting into yours and ask them to take steps to eliminate the drift of their tobacco smoke.|
|Document, in writing, days and times tobacco smoke drift occurs into your living unit.|
|Document, in writing, days and times tobacco smoke drift occurs into your unit.|
|Notify the unit or complex manager about the drift and ask them to intervene with the residents of the offending unit.|
|Bring the issue up with your apartment or condominium association and ask them to intervene.|
Seek Legal Advice
|Issues not resolved by contacting those causing the drift, managers/owners, and apartment/condominium associations may require you to seek assistance from a qualified legal advisor.
Research indicates that if you're thinking about quitting, you may actually overemphasize what you "get" from using tobacco. One effective method for dealing with this is to focus on reasons you want to quit instead. Take a few minutes and write down 10 reasons why you want to quit. Keep this list in a place you can get to easily. Review these reasons daily, the more you emphasize the reasons you want to quit, the more likely you will not slip.
Find a small, pocket-size notebook. Each time you want to a cigarette or chew, take out your notebook and write a few thoughts: what time is it, what's your mood, who are you with, where are you? Write in your journal each time you use tobacco, for up to 3 days. After you have 10 journal entries, review what you've written. See any patterns or trends?