HUD Letter
In order to help landlords make more educated decisions about smoking policies in their buildings, information is provided from the Detroit field office of the U.S. Department of Housing & Urban Development (HUD) about this issue.• There is no HUD policy that restricts landlords from adopting smoke-free policies in common areas or in individual units. HUD Legal Counsel letter states that apartment owners are free under federal law to make their buildings totally smoke-free, with as little as 30 days notice.
• Smoke-free policies are also permitted under federal law, including the federal Fair Housing Act.
• If an apartment owner who has HUD-assisted housing units decides to make the smoke-free policy a condition of the lease, approval of the lease change may be necessary. It is, however, not necessary to seek HUD approval of changes to house rules.
• HUD Handbook 4350.3 Rev-1 states: "Owners are free to adopt reasonable rules that must be related to the safety and habitability of the building and comfort of the tenants. Owners should make their own informed judgment as to the enforceability of house rules."
Download the entire HUD letter.
Download an independent analysis of the authority of housing authorities and Section 8 multiunit housing owners to adopt smoke-free policies in their residential units.
Official HUD Notice Endorsing the Adoption of Smoke-Free Policies by Public Housing Authorities: PIH-2009- 21 (HA)--Non-Smoking Policies in Public Housing