secondhand smoke in apartments

SECONDHAND SMOKE IN APARTMENTS AND CONDOMINIUMSA GUIDE FOR OWNERS AND MANAGESThe second-hand smoke is the third leading cause of preventable death in the United States. Approximately 53,000 people die annually from diseases caused by second-hand smoke, with hundreds of thousands more suffering from harmful effects of exposure. Multi-unit housing poses a particular challenge to address this important health problem and hassle. The tobacco smoke of one unit can be held through cracks, circulated by a shared ventilation system, or otherwise entered into the living space of another. You may wonder what you can do to mitigate some of these problems. The following information should help guide you to an informed decision on what corrective action you should take. Creatively working with tenants towards a solution of mutual satisfaction Many disputes over second-hand smoke can be solved amicably, if both sides remain open and flexible. Creative solutions can relate to when and where smoking should occur, as well as improvements in the actual physical structure. Please note that air filtration systems and other ventilation systems do not eliminate the health hazards caused by second-hand smoke. Ventilation is not a viable alternative to creating safer and healthy living environments for your tenants. Some smokers take the attitude that no one can tell them what to do in their own homes. In such cases, you may need to point out that your lease or condominium contract contains pacts, conditions or terms that prohibit people living in the building from participating in behaviors that interfere unwarrantedly in the enjoyment of another (assuming that such an inconvenience clause exists). Let the smoker know that you are willing, if necessary, to restrict or directly prohibit smoking in the building if you cannot voluntarily solve the problem. You may wish to consider separating smoke and non-smoking units (through voluntary relocations), or designating some buildings from a multi-construction complex as smoke free. By advertising that offers a smoke-free environment, you can find that there is a pleasant market for such accommodations. At the very least, it is a good idea to implement and enforce a "non-smoking" policy in all common areas of the apartment or condominium. These areas include rental or sale offices, entrances, corridors, exercise areas and pool, and laundry rooms. To completely resolve the problem, remove smoking There is no constitutional right or other legal right to smoke. Like other activities that cause discomfort, irritation or health problems, smoking, even in private housing, can be regulated or prohibited directly. The owner's property manager, owner or association can implement a smokeless policy. Often these policies have gradually been phased out with new leases containing a clause that prohibits smoking both indoors and all land. For example, Park Tower Apartments in Loves Park, Illinois implemented a policy that prevents new tenants from smoking anywhere in the building, even within their individual homes, but politics did not affect those who were already tenants when politics came into effect. Allowing a smoking conflict to remain unsolved can expose you to legal responsibility. For example, in 1991, a Massachusetts woman sued her landlord because she was constantly exposed to second-hand smoke from a neighbor. The case was resolved in an unrevealed amount (Donath v. Dadah; see Sweda, 1997). Similarly, a year later a tenant who was suffering from smoke from a lower apartment sued his landlord in Oregon. A jury, finding the guilty owner, reduced the rent of the tenant by 50 percent, and granted his payment to cover his doctor's bills (Fox Point Apts. v. Kippes; see Sweda, 1997). These are illustrations of a growing body of jurisprudence that has owners responsible for exposing tenants to second-hand smoke. Tenants have sued for inconvenience, non-compliance with the legal duty to maintain the living area, non-compliance with the common law covenant of peaceful enjoyment, negligence, harassment, battery and intentional infliction of emotional distress (Carlson, 1997). There are several benefits to implement a smoke-free policy, in addition to avoiding legal responsibility. These include: You can reprint with the right credit to the American Non-Smoking Rights Foundation. Copyright 2004 American Nonsmokers' Rights Foundation. All rights reserved. REFERENCESMore information Officials are available to address issues related to smoke-free air policy, current campaigns, future trends and existing laws. Our staff can also provide information on e-cigarette spray, second-hand marijuana smoke, smoke in multi-unit homes, university campuses without tobacco and a variety of other problems. Smoke-free Lists & Maps The ANR Foundation contains the only national repository of state and local tobacco regulations and regulations in the United States. For information on the number and type of smoke-free laws and policies in the USA, visit our page. Sister's Sites The information on this website is intended for educational and public information purposes. If you want advice on active campaigns without smoke or other promotion information, visit our sister websites:

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