Landlord Information

Smoke-Free Housing is a Growing Trend in Multi-Unit Housing! (UNITS: Clearing the Air: Industry Discusses Trend Towards Smoke-Free Housing) - PDF

A smoke-free policy is NOT discriminatory.

Owners/managers can designate apartment units or common spaces to be free of secondhand smoke. If fear of discrimination laws is a concern, the following facts should be kept in mind:

It is legal for apartment managers/owners to designate common areas, certain apartments or all of the apartments in a building as smoke-free.
People who smoke are not protected under Nebraska's anti-discrimination laws.
Apartment owners have the legal right to restrict or prohibit smoking in their building(s), just as they are free to prohibit pets.

Indoor Air Quality

The U.S. Environmental Protection Agency (EPA) "concluded that the wide-spread exposure to ETS (Environmental Tobacco Smoke) in the U.S. presents a serious and substantial public health risk." ETS is the same thing as secondhand smoke. The EPA recommends "taking appropriate steps to minimize peoples' exposure to tobacco some in indoor environments."

Unfortunately, commercial air filtering systems are designed to remove the odor, not the cancer-causing substances.
Shared ventilation systems can cause tobacco smoke to blow from one room to another. Increased building ventilation alone will not be effective to reduce exposure to secondhand smoke generated from smoking areas.

Additional Cost

Smoking is the cause of a variety of expensive property damages, ranging from extra cleaning costs to fire-related repairs. Most of these expenses can be prevented.

Smoking materials (cigarettes, cigars, lighters, matches, etc.) are the leading cause of home and total fire deaths in the United States.
The fire cost due to smoking in the U.S. was estimated at $6.95 billion in 1998; direct property damage at approximately $8.8 million.
According to the Nebraska State Fire Marshall, in 2005, 54 fires were caused by smoking in the state, resulting in damages over $600,000.

Tenants who smoke inside their homes cause higher cleaning costs than tenants who don't smoke.

When a tenant who smokes moves out, costly cleaning and repairs are often necessary to prepare the unit for a new tenant:

Removing nicotine (yellow stains) on walls, cabinets, blinds and fixtures.
Eliminating smoke odor in drapes, carpets and walls.
Repairing damaged, burned, or singed carpet, tiles and drapes.

The cost to prepare a unit after a smoker has moved out can be as much as 5 times greater than that of a unit with a non-smoker.

Tenants Want Smoke-Free Buildings!

In June 2005, a survey of renters was conducted as part of a project examining secondhand smoke in multifamily residences. It found:

A demand for smoke-free housing exists. More than 70% say they are likely to choose a non-smoking building over a similar building that allows smoking.
38% of renters would pay more rent to live in a multifamily residence where smoking was not allowed.
Almost half (44%) of respondents report that secondhand smoke gets into their rental residence from somewhere else in or around the building.
70% of residents who encounter secondhand smoke in their homes say that it bothers them. 36% say that it bothers them a lot and some of them even enough to move.

Moving Ahead - Making a Smoke-Free Change

Survey your tenants. Conduct a survey to find out how many tenants smoke in their apartments and how they view a smoke-free policy in your building(s). Use the survey to determine if any patterns emerge. Are the no-smoking apartments clustered in buildings, wings, or floors? Use these patterns to decide which areas you will make smoke-free.
Determine a budget for incentives. You can speed up the move toward smoke-free buildings by offering incentives to tenants to move to other floors, wings or buildings. These expenses could include moving expenses or other incentives (like breaks on rent) for tenants willing to relocate to another apartment.
Set a time frame for the change. Check the date all your leases are due for renewal. If your tenants are on month-to-month leases, you can make changes relatively quickly. All you have to do is give one month's notice of changes in policy. If your tenants are on one-year leases, notify them of changes in policy one month prior to their renewal date.
Notify tenants of your plans. Well ahead of your target date, notify tenants of your smoke-free policy. Provide them with your reasons to be smoke-free which typically include a combination of health and safety and business concerns. Be clear that the policy you are implementing prohibits smoking in your units not smokers.
Make tenants aware of community cessation services. Many community agencies and organizations offer cessation classes, groups and counseling sessions. Nebraska's Quitline, 1-800-QUIT-NOW, is free and anonymous cessation counseling for all Nebraskans.
Introduce new leases or addendums. You should include some language in your leases that makes tenants aware of their obligation not to smoke in their unit and the consequences if they do not meet these obligations. Make sure that residents also know who to call if they suspect a violation of the policy.
Post signs. A few days before the building becomes smoke-free, send out an announcement to tenants and employees and post signs at the entry ways.

Sample Policy

For More Information on Implementing a Smoke-Free Policy:

Contact TFS at info@tobaccofreesarpy.org or 402-593-3022

Smoke-Free Housing Options for Sarpy County booklet

These websites offer more information about smoke-free policies in multifamily units:

If you would like to advertise your smoke-free apartment on our website please contact TFS at info@tobaccofreesarpy.org or 402-593-3022 with your information.