Multi-Unit Housing

There is no such thing as a right to smoke, nor is it protected by any federal, state, or local laws. Therefore, a landlord can adopt and enforce a smoke-free policy. If a tenant is renting, they do not own the property, your organization does. 

Smoke-free policies not only protect tenants, but also protects you as a landlord and your investments. Implementing a smoke-free policy can reduce liability, lower the risk of fires, lower insurance premiums, and save money on turnaround. Check out our Breathe Easy Landlord Manual for more information.

Breathe Easy currently has two sample smoke-free policies which can be found in the Resources section. The first policy includes a “buffer zone” which means smoking or vaping is only allowed if the individual is, at minimum, 25 feet away from any entrance or opening to a public building.  A “buffer zone” policy may also include designated smoking area that is located at least 25 feet away from any building entrance. 

The second policy is a comprehensive, completely smoke-free policy which states no smoking, tobacco use, or vaping at anytime, anywhere on the property. If you are a HUD-funded property, you must at least adopt the 25-ft buffer zone policy, however, you are legally allowed to adopt a comprehensive policy instead. 

If you are unsure which policy is right for your property, you may wish to complete an assessment. This could be as simple as cost analysis benefits or a resident survey (either full residential survey or create a small residential board). Remember, you must give residents at least a 30-day grace period before implementation can go into effect to allow time to either adopt lifestyle changes or send in their lease termination. You can help your residents go smoke-free in their homes by referring them to the Oklahoma Tobacco Helpline. You may consider offering options such as early lease termination for residents who don’t wish to change, allowing them to break their lease early without penalties. 

If you are allowing smoking or vaping on balconies and patios, it is strongly suggested to only allow this in certain buildings, such as having only one building allowed for smoking and all others are smoke-free. However, this is not ideal and does not fit in with either of the Breathe Easy policies as this smoke can still stream into the home as well as other units nearby. If you wish to allow smoking on your property, consider the 25-ft buffer zone policy.

There are several ways you can enforce a smoke-free policy, even with little on-site staff. 

First, properties should post signage that alerts people of the policy. Breathe Easy offers free decals to be placed at entrances and exit doors to buildings as well as metal outdoor signs at little to no cost to post in parking lots and at entrances to the property. For more information, see our Request Materials section.  If you have additional or specific questions, please contact us using the Contact Us option. 

Another option is to add tenant responsibility to the addendum or policy. Tenants and household members can be responsible for enforcing the policy to their guests, invitees, and visitors. Tenants should be asked to report a violation of the smoke-free policy in writing to the property manager or other designated employee. Properties may use a tiered violation enforcement as typically used in accordance to other lease violations. While eviction may be allowed, it is strongly encouraged to be the absolute last resort when dealing with smoking and vaping violations. Violations may include requiring the violator to pay for any damages caused by the violation, including odor and residue removal. Consider offering your residents free cessation materials by referring them to the Oklahoma Tobacco Helpline.

The best way to understand including marijuana in your policy is to remember, smoke is smoke. As stated throughout the Breathe Easy website, there is no legal right to smoke, whether it is tobacco or marijuana. It is still 100% legal to prohibit smoking medical marijuana in your smoke-free policy. According to the Centers for Disease Control and Prevention, “secondhand marijuana smoke contains many of the same toxic and cancer-causing chemicals found in tobacco smoke and contains some of those chemicals in higher amounts.” For more information about medical marijuana, please visit the Oklahoma Medical Marijuana Authority website.