Are smoke-free housing policies legal?

There is currently no state or federal law that prohibits the adoption of smoke-free housing policies in Michigan.
 

Do smoke-free policies discriminate against smokers?

Individuals who smoke are not considered a protected class of individuals under federal or state anti-discrimination laws, and smoking is not a legally protected right or activity. Learn more about the lack of a constitutional right to smoke from this Public Health Law Center resource. However, policies should prohibit the act of smoking, not individuals who smoke, to avoid worsening housing stability issues for smokers.
 

Does Michigan law prohibit smoking in multi-unit housing?

Michigan's Smoke-Free Indoor Air Law (Public Act 188 of 2009, as amended) is generally interpreted to prohibit smoking in indoor common areas of apartment and condominium buildings. Living units of apartment and condominium buildings are not covered by the law. However, owners of apartment and condominium buildings are free to adopt smoke-free policies for their buildings to make the entire building smoke-free, including all living units. Please note that some municipalities may have more stringent ordinances in place.
 

Do smoke-free policies cover tobacco, marijuana, and e-cigarettes?

The model policies featured on this page prohibit smoking commercial tobacco products, marijuana (cannabis), and other plants, as well as using electronic smoking devices (also known as e-cigarettes, vapes, or vapor products). Additionally, the model policies suggest language for providing exemptions for traditional, ceremonial, and sacred uses of tobacco practiced by some Native Americans and Tribal communities. To learn more, please visit Keepitsacred.org. The policies define “smoke” or “smoking” as:

...inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made of, or derived from nicotine, tobacco, cannabis, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” also includes the use of an activated electronic smoking device. “Smoking” does not include the use of traditional, sacred tobacco as part of an Indigenous practice or a lawfully protected religious, spiritual, or cultural ceremony or practice.

To learn more about marijuana and smoke-free policies, the Public Health Law Center has developed the Marijuana in Multi-Unit Residential Settings resource.
 

What are e-cigarettes and why should they be covered by smoke-free policies?

An electronic cigarette or e-cigarette is a battery-powered device that heats a liquid (most often containing nicotine) to produce an aerosol that is inhaled. E-cigarettes go by many names, including vapes, vaporizers, vape pens, hookah pens, e-cigarettes, e-cigs, MODs, tanks, and e-pipes.

Here are some common reasons why property managers decide to prohibit e-cigarettes in their smoke-free policies:

• Enforcement — Including e-cigarettes in smoke-free housing policies can prevent confusion about which products are covered by your policy. From a distance, e-cigarette aerosol may resemble smoke, and some e-cigarettes resemble other tobacco products.
• Fire hazard — E-cigarettes pose a fire hazard because they can catch on fire or explode and seriously hurt people, including the person using the device and others around them. The exact cause of these fires or explosions is unknown, but issues with lithium-ion batteries may be one cause.
• Health concerns — E-cigarette aerosol is not a harmless “water vapor.” It can contain many harmful chemicals, including nicotine, cancer-causing chemicals, heavy metals, volatile organic compounds, and flavorings. Nicotine and other chemicals from e-cigarette aerosol have been found in non-users, which is particularly concerning for vulnerable populations, such as infants, children, and pregnant individuals.
• Property damage — E-cigarettes can leave a toxic, oily residue on surfaces that is difficult to remove.
• Poison hazard — Every year, U.S. poison control centers report that thousands of children are exposed to liquid nicotine, e-cigarettes, and related products. Symptoms of nicotine poisoning can include vomiting, headache, dizziness, high blood pressure followed by a drop in blood pressure, rapid heartrate followed by a drop in heartrate, seizures, difficulty breathing, and death. Call 1-800-222-1222 for free, confidential advice from the Michigan Poison Center.

To learn more about e-cigarettes, review our E-cigarettes and Multi-Unit Housing handout or visit our dedicated E-Cigarettes webpage.
 

Can buildings funded by HUD and USDA adopt smoke-free policies?

Yes, buildings funded by the U.S. Department of Housing and Urban Development (HUD) and U.S. Department of Agriculture (USDA) may adopt smoke-free policies. HUD requires that Public Housing Agencies implement a smoke-free policy and formally encourages the adoption of smoke-free policies in public housing, multifamily housing, and mixed income housing. USDA issued an Unnumbered Letter in 2021 about Rural Development Multi-Family Housing program providing guidance regarding adopting optional smoke-free housing policies.
 

Many Tribal governments and Tribal housing authorities have adopted smoke-free housing policies. Below are resources designed specifically for Tribes, and many other tobacco-related resources for American Indian and Alaska Native populations can be found at Keepitsacred.org/.

• Your Family Deserves a Smoke-free Home: Facilitating Adoption of a Smoke-free Housing Policy for a Tribal Housing Authority – An Implementation Guide — This resource was published in 2011 by the Sault Health Services as part of the Strategic Alliance of Health. The National Native Network also hosted a Sault Tribe Smoke-Free Housing Initiative webinar featuring this resource.
• Smoke-Free Tribal Housing Policies — This resource was created by the Public Health Law Center as a guide intended for Tribal communities working on policy to restrict smoking of commercial tobacco products in Tribal housing. The National Native Network also hosted a Smoke-Free Tribal Housing Policies webinar featuring this resource.
   

There are many resources available to support property managers with going smoke-free. Here are six steps to get started:

1. Develop a plan. Determine your timeline for adopting and implementing a smoke-free policy using the sample timeline for implementation. Here are several comprehensive guides for going smoke-free:
   • Implementing HUD’s Smoke-Free Policy in Public Housing
   • An Apartment Manager’s Guide to Adopting a Smoke-Free Building Policy in the United States
   • Making Affordable Housing Smoke-Free: First Steps
2. Survey residents. Assess how many residents would support a smoke-free policy with the sample resident survey.
3. Draft the smoke-free policy. MDHHS offers gold and silver level model policies for rental properties. Gold level policies create a 100% smoke-free property. Silver level policies allow outdoor designated smoking areas. It is recommended that policies be reviewed by a local attorney prior to adoption. MDHHS recommends that policies include an exemption for the ceremonial and sacred use of tobacco, which has a long tradition among many Native Americans and is federally protected by law.
   • Gold Level - Model Smoke-Free Lease Addendum
   • Gold Level - Model Smoke-Free House Rules
   • Silver Level - Model Smoke-Free Lease Addendum
   • Silver Level - Model Smoke-Free House Rules
4. Notify and educate residents. We offer a sample letter to notify residents, and sample smoke-free signage in two sizes (8.5"x11" and 12"x18"). Email MDHHS-QuitKit@michigan.gov to request printed tobacco and nicotine quit materials and fact sheets on the benefits of smoke-free housing or visit Michigan.gov/Quitlink.
5. Amend leases or house rules to adopt the smoke-free policy. It is recommended that the policy be implemented in all living units at the same time to prevent confusion among residents.
6. Advertise your policy. Include the policy in promotional materials. The majority of Michiganders do not smoke, and many people look for and expect smoke-free housing.
    

Having a smoke-free policy is a great first step, but these policies are only effective if everyone follows the policy.

Equitable enforcement: It is important to enforce smoke-free policies in a way that maintains long-term housing stability. The goal is to move the smoke, not the smoker. Using graduated enforcement gives residents multiple opportunities to change behavior before penalties are implemented. The model smoke-free policies under the “Going Smoke-Free” tab provide examples for graduated enforcement.

How to Enforce

• Smoke-Free Multi-Unit Housing: Equitable Enforcement Strategies
• Enforcing a Smoke-Free Policy in Multi-Unit Housing
• Smoke-Free Multi-Unit Housing Compliance and Enforcement Toolkit (This toolkit was developed for Minnesota and not all content may apply to Michigan.)

Enforcement Tools

• Notice of Concern form (for management to notify a resident of a possible violation)
• Notice of Smoking Incident form (for residents to report a violation to management)
• Notice of Smoking Infraction form (for management to notify a resident of a violation)

Lease Agreement: While enforcement of smoke-free policies is not an issue for many rental properties, it may be helpful to include language in the rental agreement that describes what is considered a violation and how the policy can be enforced. If there are inspections to investigate possible violations, it is recommended that they be done in a way that avoids targeting certain residents, such as inspecting all units periodically or inspecting all units in the section of the building where smoke was detected.

Communication: Good communication is the foundation to smoke-free policy compliance, and engaging with residents up front increases buy-in. Notify residents before the policy goes into effect, inform them upon signing a lease agreement, post good signage, and send reminders to all units if violations are an ongoing issue. Place clear “no smoking, no vaping” signage outside building entrances, in common areas, and in other locations where people are likely to smoke.

• Resident Engagement Ideas
• Sample Letter from Management to Notify Residents of Adoption of a Smoke-Free Policy (when the policy is first adopted)
• Sample smoke-free signage (available in two sizes: 8.5"x11" and 12"x18")

Education: Increase compliance by offering free educational materials about the benefits of smoke-free policies and tobacco and nicotine quit materials. Visit Michigan.gov/Quitlink to learn more about cessation resources or email MDHHS-QuitKit@michigan.gov to request materials. Some health departments or community health partners may be able to help with a local training on quit resources for residents and staff, which is also a good opportunity to remind everyone of the policy.

• Going Smoke-Free Matters in Multi-Unit Housing
• CDC Smoke-Free Building Cessation Flyer
  • English
  • Spanish (Español)

7-inch x 10-inch Printable Posters from CDC Tips from Former Smokers Campaign

• A Tip from Jessica
  • English
  • Spanish (Español)
• A Tip from Ethan
• English
• Spanish (Español)
• A Tip from Geri
• English
• Spanish (Español)
• A Tip from Beatrice
• English
• Spanish (Español)
• A Tip from Brian
• English
• Spanish (Español)
• A Tip from Jamason
• English
• Spanish (Español)