Model Policy for A Smokefree Condominium or Apartment Building

The following language can be used to implement a smokefree policy in a multi-unit dwelling. In apartment complexes, the provisions can be aded to the lease or month-to-month agreement. This is most easily done gradually, as new individuals apply to become tenants. For condominiums, the language can be added to the Conditions, Covenants, and Restrictions (CC&Rs) and implemented immediately or at a specified future date.

Included in the "Definitions" section of the lease or CC&Rs:

Smoking: The term "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette or other tobacco product in any manner or in any form.

Included in the restrictions section of the lease or CC&R's:

Smoking: Due to the increased risk of fire, and the known health effects of secondhand smoke, smoking is prohibited in any area of the property, both private and common, whether enclosed or outdoors. This policy applies to all owners, tenants, guests, and servicepersons.

(This material has been prepared by Americans for Nonsmokers' Rights, Berkeley, California, September, 1998.)

Other Policy Information for Property Owners /Managers: Advantages of Smoke-Free Buildings, Implementing Smoke-free Policies, Legal Considerations, Maximizing Compliance, Sample Policy, Sample Lease Agreement Addendum, No Constitutional Right To Smoke