Because the negative health effects of secondhand smoke exposure are well documented, one of the most important steps a community can take to improve the health of its residents is to create more smokefree spaces—especially where people live.

Yes. Landlords, condo associations, and local governments may legally restrict smoking in multi-unit housing. These restrictions do not discriminate against smokers or violate their right to privacy. For a more detailed discussion of this issue, see “There Is No Constitutional Right to Smoke.” 

Apartments

Do you want to help limit smoking in housing geared toward low-income residents? This fact sheet explains how to work with key players to establish smokefree policies for this type of housing in your community. It also provides resources to help you make contacts and engage with them about the need for smokefree policies in affordable housing.

The following resources accompany TALC's fact sheet, Creating Smokefree Policies for Affordable Housing in California.

This memo, issued by the U.S. Department of Housing and Urban Development (HUD), states that HUD strongly encourages Public Housing Authorities to implement no-smoking policies in public housing units. The memo is important because many affordable housing providers are concerned that HUD will not approve of any new no-smoking policies in HUD-funded housing.

TALC’s fact sheet “How Disability Laws Can Help Tenants Suffering from Drifting Tobacco Smoke” is designed for people who have a medical condition that is made worse by secondhand smoke drifting into their apartments. Landlords can be required by law to make reasonable changes to accommodate a tenant’s respiratory disability or other disability that is worsened by secondhand smoke exposure.

You could pursue some or all of the four possible strategies described below. (Note that this information is specific to people living in a condominium in California. If you live in an apartment or a private home and are affected by drifting secondhand smoke, please see separate questions regarding these situations.)

You could pursue some or all of the five possible strategies described below. (Note that this information is specific to apartment tenants living in California. If you live in a condominium or a single-family home and are affected by drifting secondhand smoke, please see separate questions regarding these situations.)

Exposure to secondhand smoke kills 58,000 people each year. It can be especially dangerous to children with allergies and certain respiratory diseases, like asthma. Because children are particularly susceptible to secondhand smoke, many parents may want to ensure that they protect their children from exposure at home. This fact sheet provides information for attorneys and legal advisors about how parents in California can protect their children from secondhand smoke in the home, with a focus on those instances when parents are divorcing or separating.