Tips for Residents on Dealing with Tobacco Smoke
COMING from
Neighboring Units in Apartments or Condominiums
The Web links
underlined in blue relate to the tips
provided on this page. You will
also find most of them in the Resources for Residents section of this web site.
If you are suffering from
exposure to tobacco smoke coming from a neighboring unit in your building, GASP
of Colorado (Group to Alleviate Smoking Pollution) wants you to know you are
not alone! While there are no laws
currently regulating smoking inside an individual unit in multiunit residences
in Colorado, a growing number of multiunit residential buildings have
implemented no-smoking policies in entire buildings and complexes. The
following suggestions and information may help you resolve your problem, but
please note that nothing in this paper shall constitute legal advice.
KEEP
TRACK OF YOUR ACTIONS: If you plan
to pursue steps to eliminate or reduce tobacco smoke coming into your
residence, you should write down everything you do. GASP of Colorado has
created a tracking form
you can use.
1) Determine where
the smoke is coming from
Tobacco smoke often
migrates through ventilation systems but also can come through gaps around
plumbing fixtures, baseboards, sprinkler heads, light-fixture openings, plaster
cracks, bathroom fans, and other unsealed openings. Sealing the largest
openings with foam or mineral wood may help. Other sealing options may help reduce the tobacco smoke coming into a
unit; however, these options may not eliminate the harm caused by the exposure
to secondhand smoke. No air-filtration device currently available can get all
the toxic or cancer-causing chemicals in tobacco smoke out of the air,
according to the 2006 U.S. Surgeon General's Report on Secondhand
Smoke.
2) Examine the lease
Many activities —
which occur in one apartment but which cause annoyance, irritation, or health
problems in another — are often regulated or prohibited in a lease.
Common examples are playing music too loudly, having late-night parties,
storing paint or other flammable materials, playing ball, or other activities
that cause excessive vibrations, etc.
Smoking may be another restricted activity, particularly when tobacco
smoke drifts from one unit to another and creates health problems for a
resident. If your lease has a clause that prohibits nuisances that harm or
relate to the peaceful enjoyment of your abode, bringing it to the attention to
the management may help resolve the problem since allowing smoking may
constitute a breach of the lease, covenants, or condominium regulations. There is no constitutional right to smoke, even in one's own dwelling. In addition, Colorado's Clean Indoor Air Act of 2006 requires no-smoking policies in all common areas and
15 feet from the main entryway of any residential apartment building.
3) Obtain medical
documentation
If you or others in your
residence have a health condition such as asthma, hay fever, allergies, or
pulmonary or cardiac disease that makes you more sensitive to exposure to
tobacco smoke, then a letter should be obtained from your physician. Once a letter is obtained from your
doctor, inform the management (and possibly send a copy to the persons who are
smoking) by sending management a copy of the letter by certified mail, return
receipt requested. Even in cases
where there is no recognized medical condition, if may be possible to obtain
such a letter by demonstrating to a physician that exposure to tobacco smoke
causes specific health problems.
If these efforts do not produce results and you have a medical condition
that is made worse by secondhand smoke, you may be able to file a complaint
under the Colorado Fair Housing Act (see item number 7).
4) Put it in writing
Management may take the
issue more seriously if you write them a letter and a send a copy to a local
health department. GASP has developed a letter-writing template with tips and suggestions on how to better
communicate with management.
Educate the management about the economic benefits of smoke-free policies such as the reduced costs of
cleaning up after smokers, the fire danger, etc. Because a majority of
all adults in Colorado do not smoke and most Coloradans prefer to live in a
smoke-free building, there is a big market for smoke-free housing. The
management may assume that they cannot implement a no-smoking policy in a
building; however, Colorado law allows such policies and more than 850 residential buildings have
already implemented them. If you
have a good relationship with management and feel you can discuss the problem
without getting too emotional, you may want to try talking to management first
and then follow up with a letter if necessary. GASP of ColoradoÕs Landlord Guide
and Landlord
Presentation can be used to and encourage landlords to implement no-smoking
policies.
5) Seek out others
for support
A complaint coming from
many people is likely to be taken more seriously than a complaint from one
person. Other people in your
building may also be experiencing problems with tobacco smoke coming into their
units. Talk to other neighbors,
participate in resident meetings, write an article for an apartment newsletter,
and post notices in elevators and on building bulletin boards. Other residents
may be sympathetic and lend valuable support. Conducting resident surveys with
the consent of management can help convince management that most residents
support a smoke-free policy. Contact your local
health department tobacco-prevention program as they may be able
to provide individual guidance, assistance, or educational materials. You also may want to complain to your
elected officials at the city, county, and state level.
Educate people about the
dangers of secondhand smoke. People who might not otherwise be concerned about
tobacco smoke may view it quite differently if they know that secondhand smoke
causes lung cancer, heart disease, has 250 toxic and cancer-causing chemicals,
and causes 50,000 deaths each year. For more information about secondhand
smoke, visit the GASP Web site or the Surgeon General's Web site.
6) Consider and
propose different remedies
There may be other steps
which can be taken, and which could be suggested to the management. These
include patching up any leaks; adding more fresh-air intake into the
ventilation system; changing, cleaning, or installing better filters; adopting
no-smoking rules for lower floors, and restricting the amount of air exhausted
through the ventilation system. Most Colorado smokers — 85% —
want to quit smoking and so you may want to try to help them quit smoking, and
even consider offering to help pay for the costs. Let them know about the
Colorado
Quit Line Web site and phone number, 1-800-QUIT-NOW
(800-784-8669).
7) What about using
the Fair Housing Act?
People with a disability
related to exposure to secondhand smoke may be able to file a complaint under
the Fair Housing Act. HUD
residents may also be able to seek some assistance through several agencies. Filing a complaint is not easy and takes time, but it may lead
to a resolution. For example, a
complaint filed in 2007 led to a smoke-free policy being implemented in an
entire building in Boulder. For more information about the process,
review the Fair Housing Act & Secondhand Smoke paper and contact GASP of Colorado for some tips and suggestions before proceeding with
a complaint. Additional papers on options for people with breathing
disabilities are provided in the Resources
for Residents section.
8) Should I Seek
Legal Assistance?
In general, you will
likely have a better case if you can demonstrate and document that you have
made every attempt to resolve the problem. Keep in mind that going to
court can be expensive, take a long time, and there is no guarantee of
winning. If you have never obtained legal help, you may want to read
these general tips about
hiring a lawyer first.
GASP of Colorado cannot
provide legal advice. However, GASP provides a partial list of free and paid
legal resources that might be helpful.
For lawyer referrals with real estate experience contact the Colorado Trial Lawyers Association
(303-831-1192) or the Colorado
Bar Association
(303-860-1115). The United Way
may also be able to help provide legal referrals. The national Tobacco Control Legal Consortium (1-651-290-7506) may be consulted for additional
legal research on this issue.
9) Should moving be
considered?
Why isnÕt the person
causing your problem asked to cease the activity or move? Unfortunately there are no laws in
Colorado that currently prohibit smoking in the individual units in building
residences. If it is possible to get out of the lease, then moving might be
considered as an option as it may be easier and less expensive than a lawsuit.
However, make sure the next place is a smoke-free building. The Colorado
Guide to Smoke-Free Housing may be helpful and provides
a list of residential buildings that do not allow smoking inside or on the
entire property, but be sure to visit them first, review lease and building
rules, and talk to the residents about the no-smoking policy. Also try searching for Òno-smokingÓ or
Òsmoke-freeÓ buildings at http://www.craigslist.org.
10) WEB RESOURCES
Smoke-free housing has
gained momentum throughout the US and Canada. Check out the resources and tips
for property owners and residents provided by other groups
working on smoke-free housing.
Where Can You Obtain Further Assistance?
GASP of
Colorado can provide many
other papers, fact sheets, sample surveys and letters, and other materials that
are not posted on this Web site. GASP may also be able to assist with
writing letters and complaints, or provide referrals to our health partners or
other groups. Please let us know if these tips have been helpful and what
worked best for you and if you found something out that may help others.
The Group to
Alleviate Smoking Pollution (GASP of Colorado) is a 501-C-3 statewide nonprofit organization
established in 1977 that promotes and advocates for smoke-free policies,
educates the public about the dangers of secondhand smoke, and provides
assistance for people having problems with tobacco-smoke pollution. GASP of
Colorado is supported by member and public donations and receives some
tobacco-prevention funding from the state of Colorado. Your tax-deductible donation of $40
or more to GASP helps GASP advocate for smoke-free polices at work, in public
housing, and in multiunit housing.
Nothing in this paper shall constitute legal advice.
Please consult an attorney before pursuing legal action.
GASP of Colorado (Group to Alleviate Smoking Pollution)
2885
Aurora Avenue, Suite 37, Boulder, CO 80303
303-444-9799
www.mysmokefreehousing.org www.mysmokefeehousing.com www.gaspforair.org
Updated
September 2010