Disclaimer: The information offered here is not provided as, and should not be construed as legal advice. It is offered for your convenience and consideration only. You should not act nor rely on this information without first seeking the advice of an attorney who will assess your legal needs after considering all the facts involved in your circumstances.
Smoke-Free Housing Legal Resources
Is it legal to ban smoking in all or part of my property? The Colorado Clean Indoor Air Act says a residence is exempt.
Yes. While a residence is generally exempt; any landlord, property manager or owner can make all or part of any building, unit or property smoke-free.
The Colorado Indoor Air Act states that these areas must already be smoke-free. This is according to state law.
No. There is no such thing as a "constitutional right" to smoke.
Secondhand smoke is dangerous and any exposure poses a risk to your health. According to the Centers for Disease Control and Prevention (CDC), secondhand smoke-related illnesses result in approximately 50,000 deaths in the United States each year.
In addition to the fact that secondhand smoke is extremely hazardous to health, more people died in fires started by smoking than in any other type of fire.
No. Surveys conducted across the country found that renters have a strong preference to live in smoke-free housing, In the Portland-Vancouver metro area, three quarters of renters reported they would rather live in a non-smoking building. Fifty-two percent said they were willing to pay extra rent for the opportunity.
How can I protect residents against secondhand smoke if I still want to allow smoking in my rental complex?
Unfortunately, physical barriers and ventilation systems are ineffective in protecting people from secondhand smoke exposure in multiunit housing. According to the American Association of Heating, Refrigeration and Air Conditioning Engineers, the only effective means to eliminate the health risks associated with indoor exposure to tobacco smoke is to ban smoking altogether.
Can a landlord be required to allow a tenant to smoke on the premises as a reasonable accommodation of disability?
No. Smoking addiction is not a recognized disability and smokers are not a recognized protected class for purposes of the Fair Housing Act, or Colorado's Anti-Discrimination Act.
Since marijuana is legal for medical and recreational purposes in Colorado, can I still include it in my smoke-free policy?
Yes. Marijuana smoking may be included in smoke-free policies.
Toolkits and Resources
- Colorado Housing Law
- Real Estate Law Article: "Implementing 'No Smoking' Policies in Multi-Unit Housing: How to Do it, and Why".
- ChangeLab Solutions
- Tobacco Legal Consortium Public Health Law Center