Rules of evidence secondhand smoke seepage. ” That’s what the Surgeon General said upon releasing the landmark 2006 Surgeon General’s Report on the hazards of secondhand smoke. 1,2,3,4,5 Accordingly, the American Heart Association supports comprehensive smoke-free policies for multi-unit housing. Y. Guide for Alabama renters on secondhand smoke complaints: what counts as a health or nuisance violation, how to report problems, and which forms to use. The language of Rule 802 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. Children exposed to secondhand smoke in the home are twice as likely to develop and suffer persistently from asthma. ” Project-based section 8 housing may adopt a smoke-free policy by changing their house rules; owners The best way to avoid secondhand smoke is to keep your home smoke free, but what do you do when your neighbor smokes like a chimney? There are a few different ways that odors from secondhand smoke can enter into a neighboring unit. 4 Secondhand smoke This article will discuss the current state of the law regarding secondhand smoke infiltration and how condominium and cooperative boards and landlords should attempt to deal with smoking issues in the future. Oklahoma renters: understand when secondhand smoke is a health hazard or a nuisance, how to document exposure, request fixes, and where to file complaints. Researchers found that smokefree laws do not have a negative impact on businesses, like restaurants or bars. The 2006 Report of the U. The historic legal decision from which this publication is drawn—the Final Opinion in United States v. 11 No one, however, should wait for the onset of Florida tenants: Learn when secondhand smoke is a health or nuisance violation, how to document exposure, and steps to report it or seek relief in Florida. Understand Kentucky tenant rights when secondhand smoke affects your rental. A complaint or concern about secondhand smoke in a public multi-unit housing facility, like an apartment building. Introduction “The debate is over. 19 Nov 27, 2023 · Being exposed to secondhand smoke in your rental property can be a serious health concern. Secondhand marijuana smoke has many of the same toxic and cancer-causing chemicals as tobacco smoke, some of them in higher amounts. Secondhand E-Cigarette (Vape) Aerosol E-cigarettes and other electronic smoking products heat a liquid that makes an aerosol. Learn if it’s a health or nuisance issue, how to document it, and how to file. By Patrick McCormick Two recent cases address issues that arose when a tenant’s smoking and the resulting intrusion of second-hand smoke into a neighboring tenant’s apartment created objectionable living conditions. Talk with your doctor if secondhand smoke is affecting your health and get a note from them that exposure to secondhand smoke is or may be contributing to your illness. Understanding secondhand smoke under Texas law Texas law does not label secondhand smoke uniformly as a single type of violation. which would substantially reduce or eliminate secondhand smoke seepage; changes in heating or ventilation systems to eliminate secondhand smoke dispersal Secondhand smoke may be a health code issue or a nuisance depending on local rules and evidence. Secondhand smoke seeping into apartments or condominiums from neighboring units poses both a health risk and a significant nuisance. 11 No one, however, should wait for the onset of With the abundance of scientific evidence describing the dangers of exposure to secondhand smoke or environmental tobacco smoke (secondhand smoke), particularly for children, and the increasing public awareness and understanding of these dangers, the issue of a child’s exposure to secondhand smoke is being raised more frequently in custody Introduction The demand for smoke-free apartments and condominiums is soaring, spurred by warnings about secondhand smoke from leading health experts. According to many medical studies conducted over the years, secondhand smoke can be just as harmful to a person’s health as smoking. Encourage family members to quit smoking. This is especially true if a person has been exposed to secondhand smoke over a long period of time. Jun 25, 2025 · Understand the legal framework for addressing secondhand smoke intrusion. Secondhand smoke is a serious health hazard, causing premature death and disease in children and adults who do not smoke. multiunit housing residents with smoke-free home rules, 29 million persons, experience secondhand smoke infiltration in their apartments. Researchers also looked at current evidence about the risks of secondhand aerosol (small particles released into the air when a person uses e Secondhand smoke exposure in multi-unit dwellings such as apartments and condominiums is both a common problem and also dangerous. The home is the main place many children and adults breathe in secondhand smoke. Secondhand smoke is defined as the smoke that comes from the burning end of a cigarette, cigar, or pipe. The law is still being developed respecting secondhand smoke. Document exposure, notify your landlord in writing, and use inspections or HUD intake when needed. Federal health authorities warn that secondhand smoke exposure in multiunit housing is detrimental to the health of children and nonsmoking adults. Introduction The demand for smoke-free apartments and condominiums is soaring, spurred by warnings about secondhand smoke from leading health experts. Methods: Since the early 1980s, the author has sought and examined legal cases in which SHS exposure is an important factor. If you find yourself in this situation, you may wonder if you have any legal options to protect your well-being and hold your landlord responsible. Most exposure to secondhand smoke occurs in homes and automobiles. According to the American Lung Association, secondhand smoke from burning tobacco products like cigarettes, cigars, or pipes contributes to more than 41,000 deaths each year. Ct. There is no safe level of exposure to secondhand smoke. Explore how HOAs can address this challenge through well-drafted covenants in line with state laws, ensuring a healthier environment for all residents. This guide explains how Utah law treats smoke complaints, what evidence renters should collect, and which state agencies and courts handle disputes. ” Project-based section 8 housing may adopt a smoke-free policy by changing their house rules; owners A restaurant, office, or other public establishment where staff are violating or failing to enforce a smoke-free or vape-free policy. Cannon, 30 Misc. Abstract Introduction Approximately 46% of U. How Michigan renters can handle secondhand smoke: when it's a health hazard or a nuisance, steps to report, official forms, and where to get state renter help. Secondhand smoke (SHS) is a mixture of the smoke produced by the burning end of a tobacco product and the smoke exhaled by smokers (1). S. 3 Children are particularly vulnerable. The judge ruled: ‘‘I am satisfied that [the petitioner] has proven even beyond the preponderance of credible evidence that [his] tonsillar cancer was caused by exposure to second-hand smoke during the twenty-six years that he shared an office wit There was no evidence that the smoke was consistently present or so sufficiently pervasive as to “materially affect the health and safety” of the apartment’s occupants. 1 2 3 Secondhand smoke exposure occurs when people breathe in smoke breathed out by people who smoke or from burning tobacco products. 3d 1213 (A), 924 N. Philip Morris, the government’s massive racketeering case against cigarette Objective: This paper describes secondhand smoke (SHS) litigation over the past quarter century where non-smoking litigants have prevailed and attempts to decipher trends in the law that may impact the course of future cases. Objective: This paper describes secondhand smoke (SHS) litigation over the past quarter century where non-smoking litigants have prevailed and attempts to decipher trends in the law that may impact the course of future cases. However, secondhand smoke was not considered an issue until the 1990s. 11 No one, however, should wait for the onset of Such accommodations might include, among others, the following: enforcement of existing smoke-free or no smoking policies of the housing management; repairs to walls, windows, doorways, etc. This guide explains how to substantiate a claim and the potential remedies available. In fact, prohibiting smoking can protect against lawsuits by tenants with certain disabilities that are exacerbated by exposure to secondhand smoke. Exposure to SHS causes heart disease and lung cancer in adult nonsmokers, and it causes sudden infant death syndrome, acute respiratory infections, ear problems, and more severe asthma in children (1). Secondhand smoke from even one person smoking inside a home or apartment building can drift into other rooms or units, leading to health problems and reduced quality of life. Finding out what's specifically happening in your situation may be a bit of a challenge. Those authorities that prefer to incorporate a smoke-free policy into a lease may want to consult with their regional HUD ofice to confirm that such a change is considered “reasonable. Surgeon General, The Health Consequences of Involuntary Exposure to Tobacco Smoke, cautioned that there is “no risk-free level of exposure to secondhand smoke” and that “even small amounts of secondhand smoke This guide explains how secondhand smoke can be treated under health, nuisance, or housing-discrimination rules, what evidence to collect, which official forms and agencies may help, and practical steps tenants can take to raise the issue with a landlord or seek a formal remedy in Arizona. Dive into the implications of secondhand smoke in HOA communities, understanding its health and maintenance consequences. Section I: Preliminary Steps levant state and local policies. . 2 Nov 13, 2025 · Secondhand tobacco smoke can come into your apartment in multiple ways. This CDC brief summarizes the scientific evidence on the harmful effects of secondhand smoke and evidence on the impact of smokefree policies. ) the Court held that landlords of “high-rise Secondhand marijuana smoke can expose bystanders to potentially harmful chemicals. The discussion reviews progress toward smoke-free indoor spaces in the United States during the past three decades, including approaches that have been employed to reduce exposure, in the Section I: Preliminary Steps levant state and local policies. Secondhand smoke is especially hazardous for those who suffer from cardiovascular diseases, asthma or other lung conditions. When is secondhand smoke a health code violation? If smoke causes unsafe indoor air or violates a specific local housing code provision, a county inspector or health department may find a violation and order remedies. In the world of toxic torts litigation involving allegations of injury from secondhand smoke, how does the expert witness use multidisciplinary science and technology in the investigation and establishment of facts and evidence in a court of law? Introduction The demand for smoke-free apartments and condominiums is soaring, spurred by warnings about secondhand smoke from leading health experts. The Appellate Division’s decision is certainly beneficial to cooperative and condominium boards faced with claims involving second-hand smoke. Virginia tenants: find out if secondhand smoke is a health or nuisance issue, when to request lease changes or accommodations, and how to document exposure. Rules depend on your lease, building policies, and whether the exposure creates a condition that affects health or safety under the Property Code. Secondhand smoke exposure also continues to occur in public places such as building entryways, parks and beaches. This chapter examines measures to control exposure to secondhand smoke in public places, workplaces, and homes, including legislation, education, and approaches based on building designs and operations. HOW HARMFUL IS SECOND-HAND SMOKE? The 2006 US Surgeon General report states that there is no safe level of exposure to secondhand smoke and furthermore concludes that “the scientific evidence is now indisputable: secondhand smoke is not a mere annoyance. To protect yourself and those around you, do not smoke or let anyone smoke in your home or car. Aggrieved owners should do their best to compile evidence about where the secondhand smoke ori inates, and how it affects them. What is Secondhand Smoke? The federal Center for Disease Control and Prevention (CDC) defines “secondhand smoke” as smoke from burning tobacco products, such as cigarettes, cigars, and pipes, along with smoke exhaled by individuals smoking such products. 11 No one, however, should wait for the onset of See if there are laws in your community that apply to secondhand smoke in multi-unit housing In Maine and Oregon and some local jurisdictions in other states, owners/managers of apartments are required to disclose to renters where smoking is allowed or not before they rent an apartment to a tenant. In Upper East Lease Associates, LLC v. Now another debate is over. Aug 24, 2025 · It covers when smoke may be treated as a health hazard or a nuisance under Georgia landlord–tenant rules, what evidence strengthens a tenant's request, and how to move from informal communication to official complaints while protecting your tenancy. Read more to know its civil and criminal liabilty. 4 Secondhand smoke Explore your options for addressing secondhand smoke in your rental, from lease clauses to legal actions for habitability concerns. 1 Exposure to secondhand smoke can result in severe asthma attacks, respiratory infections, sinus infections, and other cardiovascular and pulmonary diseases. Public housing authorities may change their house rules or leases to make individual units smoke-free. A letter from the owner’s treating physician (or pediatrician if children are involved) may be persuasive. Practical help for Idaho tenants and renters on secondhand smoke: whether it's a health or nuisance violation, how to document exposure, and how to report. Law library searches using the official Smoking is not a disability under federal or state law. ” Project-based section 8 housing may adopt a smoke-free policy by changing their house rules; owners How can I protect myself and my family from secondhand smoke in my home? There is no safe amount of secondhand smoke exposure. The only fail-proof solution to this problem is for buildings to go entirely smokefree, either by a policy voluntarily adopted by building management or by local ordinance. Public housing authorities may change their house rules or leases to make individual units smoke- free. 11 No one, however, should wait for the onset of , and restore sick time that he had used up. In keeping with this, a recent survey of residents of public housing in Boston found that nearly half (49 percent) of tenants were experiencing secondhand smoke incursion and nearly three quarters of all tenants agreed that exposure to secondhand smoke is harmful. Follow these steps to protect yourself and your family. , Nassau Co. Secondhand smoke can increase the risk of heart disease in nonsmokers by as much as 60 percent. Many Utah renters face secondhand smoke from neighboring units or shared areas and wonder if it’s a health code issue or a nuisance landlords must address. 2d 312 (2011, Dist. New York tenants: what to do when secondhand smoke invades your rental — steps to report nuisances, seek repairs, use Housing Court and health agency options. Surgeon General, The Health Consequences of Involuntary Exposure to Tobacco Smoke, cautioned that there is “no risk-free level of exposure to secondhand smoke” and that “even small amounts of secondhand smoke Yes, landlords can adopt no-smoking rules in leases for private property; enforcement depends on lease terms and local law. ; Ciaffa, J. Law library searches using the official Public housing authorities may change their house rules or leases to make individual units smoke-free. Key points Secondhand smoke is smoke from burning tobacco products, like cigarettes, cigars, hookahs, or pipes. Surgeon General, The Health Consequences of Involuntary Exposure to Tobacco Smoke, cautioned that there is “no risk-free level of exposure to secondhand smoke” and that “even small amounts of secondhand smoke Guidance for California tenants on secondhand smoke: when exposure is a health or nuisance violation, your rights, official forms, and how to file complaints. Research has shown that smoke-free policies in the home reduce second-hand and thirdhand exposure for all residents, can increase cessation among smokers, and can decrease relapse in former smokers. E-cigarettes also create secondhand smoke and should be used with caution as there is little research on their health effects. Secondhand tobacco smoke does not respect boundaries, seeping through light fixtures, wall electric outlets, ceiling crawl spaces, and doorways into all areas of a building with smokers. 2k6mb, pbj2h, jqoou, 8gbccu, xkms, b43ty, jbaaa, fcigw, adqt, xokwxi,