Smoke-Free Apartments FAQ's
Is it legal for a landlord or property manager to prohibit or restrict smoking?
Yes, it is legal to restrict or eliminate smoking in individual units and common areas of multihousing developments.
Landlords have legal rights to set limits on how a tenant may use a rental property. For example, they may decide whether tenants are allowed to have pets and the hours the pool is open. A “no smoking” policy is similar to a “no pet” restriction in the lease or pool hours in the common area.
It is important to note that a landlord is not unlawfully discriminating against smoking tenants or violating a smoker’s fundamental right to privacy when banning smoking in common areas or individual units. Claims to the contrary have no legal basis (TALC, 2006).
There is no law that prohibits designating areas or individual apartment homes as smoke-free (NRS 202, 118, and 207). People who smoke are not protected by state or federal anti-discrimination laws, nor are they considered disabled under state or federal disability rights laws (Task Force for Smoke-free Housing, CA). An argument commonly heard is that an individual has a “right to smoke”- when in fact, there is no constitutional or other legal right to smoke (ANR, 2004).
As a tenant, what can you do if you have unwanted tobacco smoke in your apartment?
Secondhand smoke seeping into apartments or condominiums from neighboring units is a common problem because of shared ventilation between housing units and inadequate door and window insulation. Unfortunately, there are no fail-proof solutions to this problem.
In Nevada, because apartments and condominiums qualify as personal residences, they are exempt from any smoking restrictions under the Nevada Clean Indoor Air Act. And nationally, the record of resolving such conflicts in the courts is somewhat mixed.
According to the American Nonsmokers’ Rights Foundation, nonsmokers have filed lawsuits against landlords and other tenants on the basis of nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional infliction of emotional distress; courts have ruled for and against nonsmokers in individual cases.
However, there are many actions you can take to protect yourself from secondhand smoke. Resources for apartment tenants are available below.
Are there smoke-free apartment options in Las Vegas?
Many landlords and property managers in Clark County have begun to acknowledge the growing demand for smoke-free living, considering only 21 percent of Nevada’s adult population smokes (Adult Tobacco Survey, 2008).
When looking for a smoke-free apartment, remember to ask the landlord or property manager about smoke-free policies and/or smoke-free living options. Some properties in Southern Nevada have entire buildings designated as smoke-free.
Smoke-Free Apartments Directory
The Smoke-Free Housing Directory was created to highlight apartment and condominium communities in Clark County that offer smoke-free housing options for residents. The directory is organized by Property Type and Location.
To be included in the directory, management has self-reported that one or more buildings are 100 percent free of smoke infiltration. Smoking on these properties may be allowed on patios or in other outdoor spaces.
Secondhand smoke exposure is a serious issue, and one that is especially common in homes that have shared ventilation systems or where smoke can seep through windows, doors and vents.
We will continue to keep this directory updated with smoke-free housing options in Clark County to help you protect yourself and your family from secondhand smoke exposure by finding a safe, smoke-free place to call home.
The tenants’ response at these buildings has been very positive. If you own, manage or know about other smoke-free apartments in Clark County, email TobaccoProgram@snhdmail.org or call 702.759.1270. Want to be added to this list? Designate a smoke-free building in your community. Contact Michael Fazio at firstname.lastname@example.org for additional details.
For more information on smoke-free apartments, visit the Smoke-Free Apartments Registry website.
Resources for Tenants of Apartments
- ANR: The smoker next door: Handling unwanted tobacco smoke in apartments and condominiums
- Kids Involuntarily Inhaling Secondhand Smoke (KIISS)
- MI Smoke-Free Apartment: Tenants
- Smoke-Free Apartment House Registry
- Technical Assistance Legal Center: Legal Options for Tenants Suffering from Drifting Tobacco Smoke
Resources for Owners or Property Managers of Apartments
You can download ANY of the signs below or contact Get Healthy Clark County at 702.759.1270 to request the signs.
Exciting Times for NVSAA!
Introducing Our New Billing Structure
This is a very exciting time for us! We are offering more opportunities for our members than ever in key areas: Education, Legislative, Networking.
We are also creating ways to do business better. This allows us to build upon our foundation, and facilitate future growth.
The Nevada State Apartment Association is pleased to announce a streamlined billing structure for our membership. We are moving to a calendar year membership cycle where all members will pay their dues in January and enjoy membership benefits through December of that year.
The goal is to shift our entire membership to this more efficient billing cycle by January 1, 2017.
As such, it’s important to begin the process now. Handling membership in this manner is in line with many other Associations across the country and is design designed to minimize confusion on expiration dates and make the budgeting process easier.
Our goal is to make the transition as easy as possible:
If your membership renewal falls due between September 1, 2015 and December 31, 2015. You will receive an invoice that includes the remaining months of 2015 and all of 2016. Conveniently, your membership will be paid through the end of 2016. The remaining association members expiring in 2016 will receive prorated invoices to finish out next year’s membership. This process puts us on track to begin annual billing for the association, as a whole, in 2017.
Thank you for your cooperation as we make these changes! YOU are what makes the NVSAA the premier multi-family housing association in the region. Let’s keep going and growing!
If you have questions, you can reach me at 702.862.0165
My best to you,
Shelly A. Cochran
Record-setting tourism and the strongest convention attendance in several years are driving employment growth and creating apartment demand Las Vegas. Job growth is well above the national average, spurring developers to complete projects that were mothballed since the recession. In addition, multifamily permitting is trending more than 60 percent higher as builders rush to keep up with demand for rental space. While more than 1,400 apartments have been completed during the past year, vacancy fell sharply and concession activity nearly halted on well-located properties near employment hubs. The leisure and hospitality sector is providing the biggest job gains in the economy, although more corporations are relocating to the metro due to its position as a travel destination and the lack of a state income tax. The new workers hired by these companies are choosing to rent in prime areas to the southwest of the city, close to shopping centers, freeways and the Strip. Single-family housing costs in these areas are above the metro average, spurring strong rental growth and pushing vacancy down. Tightening operations will lift rents up 3.4 percent this year, more than 100 basis points above inflation.
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