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 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.
|
| The
Amendments: |
| |
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.
§78-38-1(3)
|
| |
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.
|
| Why
Should I Care About Second Hand Smoke? |
A
number of health problems have been linked to exposure
to second
hand tobacco smoke. Identified problems include:
|
 |
Burning
or itching eyes |
 |
Runny
nose |
|
Coughing |
|
Upper
respiratory infections in children |
|
The
development of asthma |
|
Triggering
asthma attacks. |
|
Lung
cancer |
|
Heart
disease |
|
Impaired
lung function in children
|
| 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.
|
