If you are in the process of transitioning your apartment complexes to non-smoking – or, if you are already doing so – you may be interested in the findings of a recent study by the Center for Disease Control and Prevention (“CDC”). The study was published in December 2012 and found that up to 44 million residents living in multifamily housing are affected by secondhand smoke and that nearly 29 million of these are involuntarily subjected to secondhand smoke, since they do not smoke in their own apartments. The smoke is entering the units through insulation, cracks, and power outlets.
Based on the report, even the best filtration systems will not protect apartment dwellers from involuntary exposure to secondhand smoke. What this essentially means is that there is no way for landlords who allow smoking in their buildings to prevent tenants from being involuntarily exposed to secondhand smoke, which contributes to lung cancer and heart disease and kills approximately 43,000 people each year. Millions more get bronchitis and ear infection from secondhand smoke.
The only way to prevent the harm caused by secondhand smoke in apartment buildings is a building-wide smoking ban. Census data from 2006-2009 shows 79.2 million Americans live in multifamily housing, and of these, 62.7 million do not smoke. In surveys relating to the study, 44%-46.2% of apartment dwellers report being exposed to secondhand smoke, and approximately 26 million are either children or seniors.
This study should be taken seriously by all landlords, due to the potential liability from allowing smoking in apartments. Many of you may be familiar with the Maryland Appeals Court decision in 2011 that found Pit Bulls to be an inherently dangerous breed of animal, and that landlords who permit such animals in their property are liable for any injuries caused by those animals. It is not a stretch to imagine a case being brought before the courts making the same argument as it pertains to secondhand smoke. Such smoke is inherently dangerous, and landlords have the power to address the issue by banning smoking at complexes they own. Failure to do so could lead to findings of liability in the future.