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Why would a landlord or property manager want to prohibit smoking?
Secondhand smoke is the third leading cause of preventable death in the United States. Approximately 70,000 people die annually from the diseases caused by secondhand smoke.
Multi-housing developments present a particular challenge for dealing with this significant health problem because tobacco smoke from one unit may seep through cracks, be circulated by shared ventilation systems or otherwise enter the living space of another tenant (Americans for Nonsmoker's Rights [ANR], 2004).
In addition to the important health benefits to employees and tenants of multi-housing developments in reducing exposure to secondhand smoke, limiting smoking can also significantly decrease maintenance and turnover costs for landlords and property managers.
Cleaning and refurbishing a smoker’s unit can require additional time and money because most of these units must be repainted and damaged carpets, drapes, and appliances must be replaced.
Restricting smoking can also decrease the risk of accidental fires and may even reduce fire insurance premiums.
Landlords and property managers can minimize or even completely eliminate most of these costs by prohibiting smoking in common areas and individual apartment units (Technical Assistance Legal Center [TALC], 2006).
Advantages of Smoke-Free Apartment Buildings for Owners and Managers.
- Save on maintenance costs
- Secondhand smoke covers walls, ventilation systems, and other exposed surfaces with a dirty, yellow residue
- In some rooms which have been smoked in, it is almost impossible to remove the smell of the tobacco smoke
- Attract and retain tenants.
- Most individuals and families will appreciate apartment buildings in which smoking is permitted only in designated outdoor areas
- Reduce cigarette butt litter
- Reduce fire danger
- In a recent year, cigarettes were found to have caused over 1,400 fires in California homes, apartments, and mobile homes with an estimated $18 million loss in property and contents (Drifting Tobacco Smoke, Information for Tenants of Apartments and Condominiums, Task Force for Smoke-free Housing, CA)
- In 2003, an apartment complex in Green Valley suffered $50,000 in damage from a cigarette being placed in a trash can (Las Vegas Review Journal, April 15, 2003)
- Insurance rates may decrease
Is it legal for a landlord or property manager to prohibit or restrict smoking?
Yes, it is legal to restrict or eliminate smoking in both the common areas of multi-housing developments and in the individual units where tenants live.
A ban on smoking in common areas is similar to other rules that a tenant must follow when they use these areas, such as hours for using the pool or the requirement that children be accompanied by an adult when using the pool.
It is also legal for a landlord to ban smoking in individual units. Landlords have legal rights to set limits on how a tenant may use rental property- for instance, by restricting the amount of noise that an apartment tenant can make or whether tenants are allowed to have pets. A “no smoking” policy is similar to a “no pet” restriction in the lease.
It is important to note that a landlord is not unlawfully discriminating against smoking tenants or violating a smoker’s fundamental right to privacy when banning smoking in common areas or individual units. Claims to the contrary have no legal basis (TALC, 2006).
There is no law which prohibits designating areas or individual apartment homes as smoke-free (NRS 202, 118, and 207). And people who smoke are not protected by state or federal anti-discrimination laws, nor are they considered disabled under state or federal disability rights laws (Task Force for Smoke-free Housing, CA). An argument commonly heard is that an individual has a “right to smoke”- in fact, there is no constitutional or other legal right to smoke (ANR, 2004).
Quick Fact:
Did you know that 79%
of Clark County adults report that smoking is not allowed anywhere in their home? |
As a tenant, what can you do if you are handling unwanted tobacco smoke in your apartment or condo?
Secondhand smoke seeping into apartments or condominiums from neighboring units is a common problem because of shared ventilation between housing units and inadequate door and window insulation. Unfortunately, there are no fail-proof solutions to this problem.
In Nevada, because apartments and condominiums qualify as personal residences, they are exempt from any smoking restrictions under the Nevada Clean Indoor Air Act. And nationally, the record of resolving such conflicts in the courts is somewhat mixed. According to the American Nonsmokers’ Rights Foundation, nonsmokers have filed lawsuits against landlords and other tenants on the basis of nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional infliction of emotional distress; courts have ruled for and against nonsmokers in individual cases.
However, there are many actions you can take to protect yourself from secondhand smoke and communicate your situation effectively. Remember there are many positive outcomes to your situation if you first identify what your goals are and come up with as many possible solutions as you can. Check out some of the resources for apartment tenants below.
Are their Smoke-Free Apartments options in Las Vegas?
Many landlords and property managers in Clark County have begun to acknowledge the growing demand for smoke-free living, considering only 21% of Nevada’s adult population smokes (Adult Tobacco Survey, 2008).
When looking for an apartment, remember to ask the landlord and/ or property manager about their smoke-free policies and whether they offer smoke-free living options. Some of the properties in southern Nevada that have entire buildings designated as smoke-free include the following:
The Griswold Real Estate Management has two properties with smoke-free living:
Cheyenne Villas
3260 Fountain Falls Way
North Las Vegas, NV 89032
(702) 646-4343
(702) 646-5386 - Fax
Two smoke-free buildings |
Craig Ranch Villas
370 Casa Norte Drive
North Las Vegas, NV 89031
(702) 642- 0140
Three+ smoke-free buildings |
The Picerne Real Estate Group has three properties with smoke-free living:
Cantera Apartments
7600 S. Rainbow Blvd.
Las Vegas, NV 89139
(702) 616-1773
(702) 616-1873- Fax
Three smoke-free buildings |
The Preserve
2655 E. Deer Springs Road
North Las Vegas, NV 89086
(702) 254-8567
(702) 254-8576- Fax
Four smoke-free buildings |
The Presidio
4325 W. Rome Blvd.
Las Vegas, NV 89084
(702) 616-3153
(702) 616-3154- Fax
Five smoke-free buildings |
The tenants response at these buildings has been very positive. If you either own or manage a building with smoke-free units or know of a smoke-free apartment building in Calrk County, please email us at TobaccoProgram@snhdmail.org.
For more information on smoke-free apartments and condominiums, visit the Smoke-Free Apartments Registry website.
Related Links
For Apartment Owners and Managers
For Tenants of Apartments
Contact Us
If you own or manage smoke-free apartment homes and would like to be included in the Smoke-free Apartment House Registry or have any questions or comments, please contact the Tobacco Control Program at 759-1270 or email us at TobaccoProgram@snhdmail.org.
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