Tobacco Information for Residents
Secondhand smoke from a neighboring apartment can come in through air ducts, cracks in the floors and walls, stairwells, and elevators. All the air freshener in the world won't make it go away. Opening a window won't solve the problem either.
There is no safe level of exposure to secondhand smoke. Smoking also puts your building at greater risk of fire. A smokefree policy in your building is the only way to protect yourself, your family, your guests, and your pets from these dangers.
What you should do
- If searching for a new place to live, ask about a smokefree policy.
- Help your neighbors and your landlord understand the dangers of secondhand smoke.
- Talk to your landlord about creating and enforcing a smokefree policy.
Secondhand smoke doesn't stay in one place. If one person in the building smokes, the whole building is affected.
Secondhand smoke is more than a bad smell. It's considered a Class 'A' Carcinogen, meaning it causes cancer.
Secondhand smoke causes, or makes worse, lung cancer, asthma, sinus infections, ear infections, chronic cough, heart disease, and sudden infant death syndrome (SIDS).
Smoking is not a right guaranteed under the US Constitution. You have a right to ask your landlord to protect you from unwanted secondhand smoke and to expect action.
It's legal for landlords or management companies of private and public housing to adopt smokefree building policies, which protect your health and their property.
If you are thinking about renting a place, ask the landlord the following questions about smokefree policies on the property:
- Is there a smoking policy written into the lease or community rules? If so, does it apply to everyone or just new tenants? Does the rule cover indoor common areas or decks, patios, and balconies?
- Are there any tenants who currently smoke indoors or out, and where are they smoking? If they are smoking anywhere in the building and there is a shared ventilation system, it is likely that secondhand smoke will get into your unit. If they smoke outside near your windows or doors, it could also drift inside your unit.
- How is the policy enforced? Does the landlord check to make sure no one is smoking? How would the landlord respond if you complained about a neighbor who's smoking? What would the landlord do about it?
- Are signs posted to make visitors aware of smokefree policies?
- Did the previous tenants smoke? If so, how was the residence cleaned? The odor and residue from secondhand smoke can be hard to get rid of if cleaning is not done properly.
Once you learn the answers to these questions, you can have the peace of mind that you will be living in a clean, healthy, and safe environment.
Your neighbor smokes and now you feel like you do, too. Here are some things you can do:
- Document the problem. Record how often secondhand smoke enters your home, what time of day, where it seems to come from, and how it affects you and your family.
- Gain support. Get a letter from your doctor stating how the secondhand smoke is impacting you and your family's health. Find other neighbors who will join you in addressing the problem.
- Talk it out. Consider friendly ways to talk to the person who smokes. Sometimes, the person might be unaware of their impact on neighbors! Ask if they are willing to change their behavior to help make the building a healthier place to live.
- Talk to your landlord. Be prepared to discuss the issue, its health impacts, the steps you've taken to address it, and what actions you want your landlord to take so the building will be healthier for everyone.
- Explore legal solutions. If the problem continues, consider finding an attorney who knows tenant law. Some cases can be filed by disabled persons under the Fair Housing Act. Lawsuits are costly, with no guarantee of winning, so they should be considered a last resort option.
If you have a serious, preexisting condition made worse by secondhand smoke (such as heart disease, chronic obstructive pulmonary disease, asthma, or lung cancer), you may be eligible to file a Fair Housing Act (FHA) complaint, requiring landlords to provide you with "reasonable accommodation."
If you live in a residence managed by a Public Housing Authority (PHA), federal laws may protect you from secondhand smoke in your home. Contact the Department of Housing and Urban Development's Rhode Island local office to learn more.
Smokefree Housing Resources for Residents
These resources can help you address secondhand smoke where you live: