Federally assisted housing has specific regulations governing smoking to promote a healthier living environment for residents. These policies address health and safety concerns, ensuring well-being within public housing communities.
The Federal Smoking Ban
The U.S. Department of Housing and Urban Development (HUD) mandated a smoke-free policy for all Public Housing Agencies (PHAs) nationwide, effective July 30, 2018. This policy prohibits lit tobacco products in all indoor areas, including individual living units, common spaces, and administrative offices. The ban also extends to outdoor areas within 25 feet of these buildings.
The policy specifically targets “prohibited tobacco products,” which include cigarettes, cigars, pipes, and waterpipes, also known as hookahs. While the federal rule does not explicitly include electronic smoking devices like e-cigarettes or vapes, individual PHAs can incorporate these into their local policies. Residents must smoke outside the designated restricted areas. HUD Notice PIH 2017-03 provides detailed guidance for PHAs on implementing and enforcing these regulations.
Reasons Behind the Policy
HUD’s smoke-free policy aims to improve resident health and safety, particularly for those susceptible to secondhand smoke. Secondhand smoke is known to cause respiratory problems, asthma attacks, and ear infections in children, and can increase the risk of heart disease and lung cancer in adults. Eliminating indoor smoking improves air quality and reduces health risks for all residents, including children, the elderly, and people with disabilities.
The policy also addresses financial and safety considerations. Smoking materials are a leading cause of residential fires, and the ban significantly reduces fire risk. Properties that permit smoking incur substantially higher maintenance costs. Cleaning and rehabilitating a unit where smoking occurred can cost two to three times more than a non-smoking unit. These costs include repainting, carpet replacement, and extensive odor removal, which can strain limited housing budgets.
Enforcement and Consequences
Enforcement of the smoke-free policy is handled by the local Public Housing Authority. Each PHA must incorporate the policy directly into its tenant leases, ensuring residents are aware of their responsibilities. PHAs use a graduated enforcement approach, beginning with warnings for initial violations.
While a single incident of smoking is generally not grounds for immediate eviction, repeated violations can lead to escalating consequences. These may include formal written warnings, documentation of non-compliance, and potentially fines or community service, depending on the PHA’s specific policy. Persistent non-compliance can lead to termination of tenancy and eviction. Residents maintain due process rights, including informal settlement processes and formal hearings, before any final action. PHAs also provide resources and information on smoking cessation to support residents in complying with the policy.