LEGAL CONCERNS

Is it legal to prohibit smoking?

Yes! It is your property, and you have the right to protect it. You are free to ban smoking just as you would ban pets or loud music. As long as you follow your state's landlord-tenant laws, you should be able to change your smoking rules just like any other rule. See Oregon's and Washington's landlord tenant laws.

Landlords have the legal right to prohibit smoking inside rental units and outdoors on their property, including doorways, balconies and courtyards--or the entire property!

Under Washington's Smoking in Public Places Law (RCW 70.160) and the Oregon Indoor Clean Air Act (433.835-990), smoking is already prohibited in most enclosed indoor workplaces and public places, which includes most indoor common areas of multi-unit housing.

“Property owners and managers have every right to restrict smoking in and on their property. Smoking is not a protected class; neither smokers nor the act of smoking is included as a protected class under federal, state, or local Fair Housing laws.”


Fair Housing Council of Oregon

It is not discrimination to prohibit smoking. Smoking is not a disability, and there is no right to smoke.

You are more likely to be held liable to protect nonsmokers from secondhand smoke than to allow smokers to smoke in their units.

NOTE: The information and materials contained on this website are for informational purposes only and are not offered or intended to be and should not be construed to be legal advice nor to be a substitute for obtaining legal advice from a licensed attorney.