Regulating Smoking in Multi-Unit
Housing in North Carolina
Anna Stein, JD
Tobacco Prevention and Control Branch
NC Division of Public Health
April 26, 2012
Secondhand Smoke and Multi-Unit
Housing
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People in US spend an average of 69% of
their time in their homes
Secondhand smoke (SHS) travels from unit to
unit
No-smoking policies only way to eliminate
SHS exposure
Disproportionate impact of SHS in multi-unit
housing on low-income citizens
Hewett, Sandell, Anderson & Niebuhr, 2006; King et al., 2009; Pizacani et al., 2012
Smoke-free Housing Policies are
Good for Public Health
Decreased SHS exposure for nonsmokers
 Decreased cigarette consumption
among smokers
 Increased quit rates
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2.6%→13.7%
Cheng, Glantz & Lightwood, 2011; Pizacani et al., 2012
Smoke-Free Policies are Good for
Business
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Reduced turnover costs
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Reduced fire risk
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Strong tenant demand
Hennrikus et al., 2003; Hewett et al., 2007; US Fire Administration, 2010;
Winickoff et al., 2010; Ong, 2011
Smoke-Free Policies are Legal
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Market-rate housing
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Affordable housing (e.g. Section 8)
2010 HUD notice recommending smoke-free
policies
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Public housing
2009 HUD notice recommending smoke-free policies
www.publichealthlawcenter.org/topics/tobacco-control/smokingregulation/housing
Restricting Smoking in Public Housing
NCGS § 130A-498(b1): A local ordinance
or other rules, laws, or policies adopted
under this section may not restrict or
prohibit smoking in the following places:
(1) A private residence.
NCGS § 157-9(a)
“No provisions with respect to the
acquisition, operation or disposition of
property by other public bodies shall be
applicable to [a public housing] authority
unless the legislature shall specifically so
state.”
Legal Claims Against Landlords for
Secondhand Smoke
 Breach of the warranty of habitability
 Breach of the covenant of quiet enjoyment
 Constructive eviction
Technical Assistance Legal Center, 2007
Tobacco Prevention and Control
Branch
and Smoke-Free Housing
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Outreach to housing industry
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Online toolkit opening soon
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Community Transformation Grant
(CTG)
Community Transformation Grant
Strategic Direction 1: Tobacco free living
1. Increase smoke-free regulations of local government
buildings and of indoor public places
2. Increase tobacco-free regulations for government
grounds, including parks and recreational areas.
3. Increase smoke-free housing policies in affordable
multi-unit housing and other private sector marketbased housing.
4. Increase the number of 100% tobacco-free policies on
community college campuses and state and private
university/college campuses.
Further Information or Assistance from the
Tobacco Prevention and Control Branch
Sally Herndon, MPH
Branch Head
(919) 707-5401
sally.herndon@dhhs.nc.gov
Anna Stein, JD
(919) 707-5406
anna.stein@dhhs.nc.gov
Jim D. Martin, MS
Director of Policy
(919) 707-5404
jim.martin@dhhs.nc.gov