Smokefree multi-unit housing

The legal position on smokefree flats, apartments and community housing varies between countries and between Australian states and territories. But the trend is towards adopting smokefree policies and making available more smokefree shared and high density housing. There's an increasing demand for this, as people become more aware of secondhand smoke health risks and less tolerant of smoke invading their homes. 
 
AUSTRALIA- LATEST NEWS
SMOKEFREE STRATA BYLAWS 
PUBLIC HOUSING
RETIREMENT VILLAGES 
LATEST RESEARCH
INTERNATIONAL DEVELOPMENTS
SMOKEFREE HOUSING RESOURCES 
- factsheets, legal precedents, making complaints, sample signage

 

NEW:     ASH Australia’s online resource Smokefree multi-unit housing: a guide for owners, tenants, agents, authorities and governments   Straightforward, step-by-step guide to taking action for 100% smokefree flats, apartments, units, townhouses, retirement villages, public/community housing.   - Secondhand smoke health  evidence - Making a complaint; other action for better protection - Sample action logs and smokefree strata bylaws - Successes and personal story - Worldwide developments - Next steps and resources

AUSTRALIA - LATEST NEWS

NSW strata law review is opportunity to improve smoke protection
January 2012: The NSW government has opened a public consultation in strata and community title laws - with concerned residents calling for better protection of residents from secondhand smoke. 
NSW strata law consultation - MAKE INPUT until Feb 29   
ASH has contributed a  smokefree multi-unit housing blog  to this forum - please go to it and make comment

Lung cancer survivor launches smokefree flats campaign
December 2011: A man who developed lung cancer after repeated exposure to secondhand tobacco smoke has called for stronger legislative and other action for smokefree multi-unit housing. Barrister, surf champion and lifelong non-smoker Peter Lavac on December 16 launched ASH Australia's online resource Smokefree multi-unit housing: a guide for owners, tenants, agents, authorities and governments – which calls for legislative, policy and practice reforms to prevent smoke drift into people’s homes.  ASH media release 16/12/11 

Property investment magazine backs smokefree reforms
April 2011:  Smokefree policies for multi-unit dwellings are a good idea, says Australian Property Investor  magazine. They would improve health of residents and would also be "extremely beneficial for those with investment properties that are units."  See  API blog 20/4/11 

Owners take action -  as demand grows for smokefree flats  April 2011:  An eight-unit block of flats in Ashfield, western Sydney, has a by-law making the premises 100% smokefree, as demand grows for smokefree high density and shared accommodation.  See  Sydney Morning Herald "Domain" online report 2/4/11 including ASH Australia comment....  Owners say: "No downside" to policy.  See full Domain feature  pt 1  and  pt. 2   More discussion at  Flat Chat See the Ashfield block's smokefree bylaw below under SMOKEFREE STRATA BYLAWS

 

SMOKEFREE STRATA BYLAWS

Several strata corporations in NSW have enacted smokefree bylaws - from as early as 2007. Some were in response to the decision in the Highgate case (see Legal Precedents below).  Examples:

Wollstonecraft, Sydney, 2011
Strata bylaw unanimously adopted September 2011: 
By-law prohibiting smoking on the premises:
(i) The owner or occupier of the lot must not smoke nor allow smoking within a lot or within the common property.
(ii) Without limiting para (i), the owner or occupier of a lot must not allow any invitee to his lot to smoke within the lot or upon the common property.  
The Owners' Corporation chair commented: 

Some owners were initially concerned that it might decrease their property values, but after discussion, they now think it could actually enhance the value because most potential buyers would be happier not being exposed to other people's smoke.

Kensington, Sydney, 2011
Adopted by owners of a block of flats in the eastern Sydney suburb of Kensington:
Specially resolved that the following special by-law 5 be created:     Special By-law number 5 - Smoking
In accordance with Strata Schemes Management Act 1996, Sections 47, 117, 45: 
1  The proprietor or occupier of a lot must not smoke nor allow smoking within a lot or within the common property.
2  Without limiting para 1, the proprietor or occupier of a lot must not allow any invitee to smoke within his / her lot or upon common property.
3  The Owners Corporation delegates to the strata managing agent responsibility for:
(a) The service of a notice, in a form approved by the Director-General, on the owner or occupier of a lot requiring the owner or occupier to comply if satisfied that the owner or occupier has contravened this by-law  and
(b) Commencing legal proceedings seeking Orders, requiring a person who fails to comply with a notice served in (a), to pay the statutory pecuniary penalty and any costs of the Owners Corporation in the proceedings.

Ashfield, Sydney, 2009
Strata bylaw adopted by block in Ashfield, western Sydney (see story above):
1. By-law prohibiting smoking on the premises:
(i) The owner or occupier of the lot must not smoke nor allow smoking within a lot or within the common property.
(ii) Without limiting para (i), the owner or occupier of a lot must not allow any invitee to his lot to smoke within the lot or upon the common property.  

Detailed ASH-drafted smokefree bylaw for NSW strata owners 
ASH, with legal guidance, has drafted a more detailed bylaw that could be used as a basis by strata corporations under the NSW Strata Schemes Management Act 1996. It's a bit lengthy and NSW-specific but could easily be adapted for other jurisdictions or to suit a specific situation. A bylaw would need to be properly registered after qualified legal advice. To use the ASH draft as a basis for framing your own by-law needs no permission or acknowledgment from us. ASH draft bylaw

PUBLIC HOUSING 

2005: Australia's largest landlord, the NSW Department of Housing, implemented smokefree policy after consultation with peak tenant groups. ASH had advocated with the Department after complaints of smoke drift in internal common areas. The policy included permanent "smoke free" signs in each unit block; no-smoking in all common areas; mediation and guidance for uncooperative smokers. See NSW Dept of Housing (2005)  SmokeFree Areas In Public Housing FactSheet 

ASH would like to see at least some public housing facilities made 100% smokefree in indoor areas, so that housing authorities can offer smokefree options to public housing applicants.

RETIREMENT VILLAGES         ASH factsheet  (August 2011)

In NSW, Under the Retirement Villages Regulation 2000, smoking is not permitted in any building (other than the premises of residents) or other enclosed parts of common areas.

LATEST RESEARCH

See latest  HEALTH RESEARCH  on harm from secondhand smoke

Concern over the right to smokefree housing is growing worldwide. Latest developments:

US:  Children at risk from smoke in flats
2010: Children in multi-unit housing are at higher risk from tobacco smoke and show significant exposure even if their own homes have no smoking, says a US study of over 5000 children. Authors suggest adoption of smokefree building policies.   See  abstract

INTERNATIONAL DEVELOPMENTS

USA:  US public housing increasingly smokefree
2011: Public housing across the US is increasingly going 100% smokefree, as authorities move to protect residents from secondhand smoke health harm. New York Times 17/12/11

Concern grows over neighbours' smoke
2011:  A Los Angeles family driven from their flat by neighbours' smoke have raised concerns about health harm in multi-unit housing and intensifying calls for authorities to act.  CBS TV report 18/11/11   

2010: A paper in the prestigious New England Journal of Medicine has called for Federal regulation to ensure public housing is smokefree. The examination of policy options concludes: "The same legal, practical and health issues that have driven [smokefree workplaces and other places] militate in favour of extending similar protection to the vulnerable public-housing population." See the  paper

2008: City of Calabasas, California USA, enacts smokefree law covering all rental housing - as well as all crowded public places, workplaces of any enclosure. Smoking limited to non-unit private dwellings and designated outdoor smoking areas. See Calabasas smokefree law

2007: The city of Belmont, near San Francisco, banned smoking in condominiums and apartments, including their patios and yards. Any multi-floor, multi-unit building sharing common floors or ceilings is covered. Transgressors face fines of up to US$1000. Property owners must insert no-smoking provisions in new or renewed leases.  See  SFGate.com report 11/10/07  

Canada:  Residents move for smokefree apartments
2010: Residents of apartments and condominiums in Toronto are making increasing moves to get smokefree policies adopted in their buildings.  See  Toronto Star report 20/11/10   See  Smokefree Housing Ontario   and  Non-Smokers' Rights Association  sites for great information and resources.

2008: A survey of people in flats and apartments in British Columbia has shown a strong demand for smokefree buildings. See Smokefree Housing BC   

SMOKEFREE HOUSING RESOURCES

Smokefree multi-unit housing: a guide for owners, tenants, agents, authorities and governments
ASH Australia, Dec 2011. Step-by-step guide to taking action for 100% smokefree flats, apartments, units, townhouses, retirement villages, public/community housing. Secondhand smoke health  evidence; making a complaint, taking other actions to improve protection; sample action logs, smokefree strata bylaws; successes, personal story; worldwide developments; next steps, resources.

Why retirement villages should be 100% smoke-free:  ASH factsheet

Hanging out the sign: these flats are smokefree
These signs on a block of Sydney flats show that the owners have made them smokefree - 
a legal decision and in the interests of residents and visitors.

  

Consumer, Trader and Tenancy Tribunal (NSW)
NSW residents can make a complaint about smoke contamination of their accommodation to the Consumer, Trader and Tenancy Tribunal .  Have a look at the categories of housing covered, read factsheets and lodge an online  application for a hearing. 

Legal precedent: smoking declared a nuisance under NSW strata law
2006: Smoking is legally a "nuisance" under NSW strata title law, a decision by the Consumer, Trader and Tenancy Tribunal in the "Highgate" case authorising a North Sydney owners' corporation to prevent tenants smoking in their unit where smoke drifts into other units or common areas. There was no appeal against the decision, rendering similar actions likely to succeed.   See the  decision  

Canadian resources
Canada is a world-leading cource of best-practice smokefree housing developments.  See  Smokefree Housing Ontario   and  Non-Smokers' Rights Association  sites for great information and resources.

Page last updated 25/1/12