Secondhand Smoke and Your Rights

There are between 38,000-65,000 deaths each year in the U.S. as a result of diseases caused by secondhand smoke. Thousands of other people in the U.S. suffer from conditions caused by or made worse by secondhand smoke. Exposure to secondhand smoke increases the risk of health problems such as:

  • Heart disease, heart attacks, and increased heart rate
  • Bronchitis and pneumonia
  • Burning eyes and throat
  • Ear Infections
  • Nose bleeds
  • Increased blood pressure
  • Frequency and severity of asthma
  • Headaches
  • Sudden Infant Death Syndrome (SIDS)
  • Low birth weight and pre-term babies
  • Lung cancer
  • Emphysema

What are my rights?

Understanding your legal rights - and the legal rights of smokers - is important for changing smoking rules in the apartment building where you live.

Important things you should know:

No-smoking policies are permitted under federal, Colorado laws in most indoor public places.

It is important to note that smokers are not a protected legal class, i.e., there is no "right to smoke" under the law.

The Colorado Clean Indoor Air Actprohibit smoking in most indoor public places, which includes common areas of apartment buildings, such as hallways, laundry rooms, recreation/common rooms, lobbies, and similar types of areas.

Although there are no laws that specifically protect tenants from secondhand smoke, there are several potential legal remedies that you can pursue under common law theories and landlord-tenant law.

Non-smokers with certain disabilities may have legal protection under the Americans with Disabilities Act and the Fair Housing Act. If secondhand smoke seriously affects your ability to breathe, consult a doctor to have your condition documented.

If your landlord decides to change or convert the building to no-smoking, they may need to "grandfather in" those smoking residents currently residing at the complex until their leases are expired.