HUD Posts Rules for Setting Smoke-Free Policies

To encourage owners of assisted sites to implement smoke-free housing policies, HUD recently posted a notice (H 2010-21) that sets the requirements for such policies. The notice applies only to those sites that choose to set such policies.

Whether owners choose to set policies that allow smoking in individual units but ban smoking in all common areas, or create policies to create a totally smoke-free site, the policies must:

• Conform with state and local laws;

• Address smoking in units, common areas, playgrounds, areas near any exterior window or door, and areas outside a unit; and

• Designate smoking areas with clear signage (unless the owner sets a totally smoke-free policy).

Owners’ policies must not:

• Deny occupancy to anyone who smokes or to anyone who doesn't smoke who's otherwise eligible for admission;

• Allow the owner or manager to ask at the time of application, move-in, or recertification whether the applicant or any members of his household smoke. But applicants must be informed if, after a certain date, the site will become a totally smoke-free site. The site must not maintain smoking- or nonsmoking-specific waiting lists; or

• Require residents who smoke to move out of the site or to transfer from their unit to another unit.