Getting Started

Market Rate Housing

Creating a smoke-free multi-family housing policy is straightforward for the property manager of market rate housing. To create a smoke-free policy, a property manager writes it into the lease either at the time an apartment is rented or when and existing lease is renewed. It is important to note that a property manager cannot add a smoke-free term to an existing lease before it comes up for renewal, unless the tenant agrees to the new term. This policy would fall into the lease just like a pet policy would.

Public Housing Authorities (PHAs)

HUD encourages PHAs to go smoke-free by revising their leases. A PHA has to give tenants at least 30 days to review and comment on any proposed changes to a lease. A notice of proposed lease changes has to be delivered directly or mailed to each tenant and posted in at least three conspicuous places in each building where the affected dwelling units are located, including a central business location within each building. The PHA has to consider residents’ comments before the lease amendment can become effective.

In addition to amending the lease, the PHA has to update their local plan (which contains all PHA policies) to include the rules and standards that apply to public housing development that create smoke-free policies. When updating their local plan, a PHA has to provide a 45 day comment period and hold a hearing to discuss the plan changes. In preparing the smoke-free policy, the PHA also has to consider the recommendation of the public housing Resident Advisory Board.

Section 8 Voucher Program

Properties participating in the voucher program have to follow the state and local legal requirements if they want to amend leases to include smoke-free policies. Just like with market rate housing, the property owner needs to wait for the lease to expire, and then the new smoke-free policy can be added to the lease upon renewal. With a month-to-month agreement, a property manager can add a smoke-free policy and making the policy effective no sooner than 30 days after providing this notice.

No matter what type of multi-family housing it is the growing trend is to go smoke-free. Many organizations including HUD have recognized this trend and are in full support of comprehensive smoke-free housing. Smoke-free housing is legal, cost-effective, and good for health. This toolkit is designed to help you through the process of going smoke-free and provide you with the resources you need.

Getting Started

Special considerations for your property type.