Policy Pick: Multi-Unit Housing: Smoke-Free Movement's Final Frontier

As Evie's Desk reported last week, thanks to a new law, smokers in California soon will no longer be able to lawfully light up in their vehicles if a child is present. But child advocates and others are looking to clear the air even more.

In what health advocacy groups are calling the smoke-free movement's final frontier, cities across the country are adopting ordinances that restrict smoking in apartment and condominium buildings. According to the New York Times, at least two California cities passed laws this year restricting smoking inside multi-unit residential buildings. And, in the last 14 months, two large residential real estate companies with apartment complexes in several states banned smoking inside units.

Despite this trend, banning smoking in residential housing is still a subject of much debate. Many in the real estate industry believe the anti-smoking measures are draconian, discriminatory and possibly illegal. They often cite the federal Fair Housing Act (FHA) as protective of individual rights — yes, even those of smokers — although the FHA is known to protect non-smokers in cases where people have breathing disabilities aggravated by smoke.

While the state ban prohibits smoking in common areas of private apartment buildings residents may smoke inside their units unless prohibited by a landlord. However, smoke from one unit can seep through ventilation shafts and doorways into others, an effect that has emboldened many non-smoking advocates to seek anti-smoking ordinances.

According to the New York Times, California cities have taken the lead in adopting smoke-free housing ordinances. In Los Angeles County, Calabasas City Council Members are scheduled to discuss an ordinance to regulate smoking in multi-units this month.

Second-hand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute, chronic, middle-ear infection in children

For more information about anti-smoking ordinances, please visit the American Heart Association’s Web site at www.americanheart.org.