If you live in public housing, you just cannot light up in the apartment. In 2009, the Housing and Urban Development department released a set of guidelines for encouraging property owners, real estate agents and public housing agencies of subsidized multifamily apartment housings to implement a smoke-free policy. The danger of passive smoking is the trigger for the inclusion of these terms in fair housing laws. The department came up with statistics that showed that passive smoking in multifamily subsidized housings translates to the higher maintenance cost of property and it also increases the risk of fires.
Tightening of Fair Housing Laws
Nevertheless, in 2009 it was an advisory kind of staff; in 2016, it became a rule. New precincts of fair housing require that all Public Housing Agents have to implement a smoke-free policy by 31st July 2018. This indicated prohibiting certain tobacco products in all the living units of public housings including the common indoor areas and in the administrative offices of the agency.
Rule Becoming Strict
Fast forward to 31st July 2018, HUD has prohibited smoking and has exclusively spelled out cigars, cigarettes, and pipes in apartments of public housing agencies. The fair housing laws have gone a step further by prohibiting the consumption of these substances within 25 feet of public housing living quarters. The 25-feet restriction has been imposed in order to prevent people from being afflicted by diseases owing to passive smoking. 25 feet distance has been considered enough for preventing smoke from entering through open windows in lower level dwelling units and individuals in lower floor balconies and porches. The HUD has also banned smoking of water pipes and hookahs.
However, the ban does not involve electronic cigarettes. It has not yet impacted any other affordable housing program.
In view of these bans, many non-PHA landlords too have jumped into the smoke-free bandwagon and implemented strict “Smoke-free” policies in their leased properties. However, this has resulted in an unwarranted situation. Landlords are using the failure of the tenant to comply with the no-smoke policy as an alibi to evict their tenants.
It must be said that this rule is not wholly applicable to public housing residents. For them, the HUD allows a maximum of three violations of the policy before starting any proceedings. However, the regulation encourages public housing agencies to assist their residents in locating resources for smoking cessation before summarily starting eviction proceedings. This implies that in public housings, a single instance of violation of smoke-free policy is not a ground for eviction of a tenant.
The regulations encourage a gradual approach for enforcement of the policy. This includes escalating warnings step by step and adding documents to the tenant’s file. Moreover, the enforcement authority itself is gradually calibrated from state to local governments.
Inclusion of Marijuana in Smoke Free Policy
The new age smoke-free policy must include marijuana at least in the fair housing laws of states where it has been legalized. In New York, adult-use of marijuana is legal and this calls for restrictions on the use of the substance by landlords of federally assisted housing.
Conclusion
The Housing and Urban Development department stipulates that owners of subsidized multifamily properties may deny tenancy on the ground of illegal use of the controlled substance. The definition of controlled substances is laid down in the Controlled Substances Act, 21 U.S.C. Section 801.
