Guest Post: Landlords asked to ban smoking

The Health Department in Portland, Ore., and the American Lung Association have a proposition for landlords: Go smoke-free and save money.

A survey of renters found that 75 percent in the Portland metro area would prefer to live in buildings with nonsmoking policies, while only 25 percent said their landlords have such policies.

The Portland Smokefree Housing Project has the seal of approval from the Fair Housing Council of Oregon, which assures landlords that smoking is not a protected activity and property owners have the right under Fair Housing laws to restrict smoking in or on their property.

But the real message is financial: Smokers cost property owners money, especially when units turn over. It is more costly to clean carpets and repaint. Some property owners report they've had to use sealants and replace smoke-infested woodwork to eliminate the smell after smokers moved out.

Many landlords are concerned that it may be illegal to ban smoking or discriminate against smokers, and fear lawsuits from prospective tenants for violating Fair Housing laws.

Says Pegge Mcguire, Executive Director, Fair Housing Council of Oregon, "Property owners and managers should know that they have every right under Fair Housing laws to restrict smoking in and on their property. Smoking is not a protected class; neither smokers nor the act of smoking is included as a protected class under federal, state, or local Fair Housing laws."

Tenants are also informed that there is no "Right to Smoke" ordinance and if they're bothered by second-hand smoke, they do have rights and options available to them too. 

In searching the Web site, however, I find no advice for smoking renters, except to quit smoking.

--Marlow Harris, 360 Digest

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