Legal Concerns

Is it legal to prohibit smoking?

Yes! It is your property, and you have the right to protect it. You are free to ban smoking just as you would ban pets or loud music. As long as you follow your state's landlord-tenant laws, you should be able to change your smoking rules just like any other rule...

Landlords have the legal right to prohibit smoking inside rental units and outdoors on their property, including doorways, balconies, courtyards, pools, and playgrounds.

Under the Colorado Indoor Clean Air Act (PDF), smoking is already prohibited in most enclosed indoor workplaces and public places, which includes most indoor common areas of multi-unit housing.

It is not discrimination to prohibit smoking. Smoking is not a disability, and there is no right to smoke (PDF).

You are more likely to be held liable to protect nonsmokers from secondhand smoke than to allow smokers to smoke in their units.

*Non-smoking tenants can bring legal action against the landlord or the smoking tenants under several common law theories (PDF), including:

  • breach of the covenant of quiet enjoyment
  • negligence
  • nuisance
  • breach of the implied warranty of habitability
  • battery
  • intentional infliction of emotional distress
  • trespass constructive eviction

"Is it discriminatory to designate an entire building or apartment campus as smoke-free?"

No. Smoking is not a protected activity or right. An individual’s status as a smoker is not a protected category or recognized disability. A smart decision is to implement a policy based on the activity of smoking and not an individual’s status as a smoker. Write the policy so that a person who smokes can continue to live in the building, but they must refrain from smoking in the building or other areas that are included in the policy

Please visit this link to read more about smoke-free policies and laws in Colorado:GASP Tobacco Education Center

http://www.gaspforair.org/gasp/gedc/artcl-new.php?ID=120