It is legal, and justified, for owners and managers of government subsidized housing to adopt smokefree policies.
To adopt a smokefree policy in subsidized housing you have two options:
Add a smokefree clause to the house rules. As long as the smokefree policy meets the standard HUD criteria for house rules, this policy change does not require HUD approval OR
Make a smokefree policy a condition of the lease or a lease addendum. Those using HUD’s model lease are required to seek HUD approval before any lease changes can be made. Check with your local housing agency or voucher provider before making any changes to your model lease.
HUD requires at least 30 days written notice of a lease change or adoption of a house rule. A tenant’s lease may not be changed without their consent before the date of lease renewal. It is recommended that landlords provide as much notice as possible before a policy is implemented. Experts recommend at least 60-90 days written notice before any smokefree policy is implemented.
Download an independent analysis of the right of housing authorities and Section 8 multi-unit housing owners to adopt smokefree policies.
