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Sample Affordable Housing Smoke-Free Housing Policy

ABC Apartments, is a designated Smoke-Free Housing Complex in accordance with all local, state and federal laws.  We have amended our Section 8 House Rules to include a new smoke free housing policy for our community.

NO SMOKING POLICY – No Smoking:  Due to the increased risk of fire, increased maintenance costs and the known health effects of secondhand smoke, smoking is prohibited in all areas of the property, including all buildings, all common areas, inside apartment dwelling units, garages, parking areas and within 25 feet of the building(s) including entryways, porches, balconies and patios.  Residents are responsible for ensuring that family members, roommates and guests comply with this rule.

Phase In of Policy:   All new residents to our community are applicable to this policy.   Existing residents who have completed their initial lease term, as of [May 1, 2012], will be required to meet these No-Smoking requirements. Those tenants, who have not completed the initial term of their lease, will be encouraged to follow the No-Smoking Policy for the benefit of others but are not bound by this new policy.   Please be aware that you may have neighbors whose current lease does not prohibit smoking, so smoking is allowed for those existing residents.  However, on [February 1, 2013], ALL RESIDENTS will be required to comply with this No-Smoking Policy, regardless of their move-in date.

Definition:  SMOKING: The term “smoking” means any inhaling, exhaling, breathing, burning or carrying any lighted cigar, cigarette, pipe or other tobacco product or similarly lighted product in any manner or form.

Disclaimer:  Resident acknowledges that Landlord’s adoption of a No-Smoking Policy does not make the landlord or any of its managing agents the guarantor of Resident’s health or of the smoke free condition of the property.

Lease Violation:   Residents are responsible for the actions of their household, their guests and their visitors.   Failure to adhere to any of the conditions of this policy is construed as a material violation of the lease and subjects the resident to possible legal sanctions, up to and including termination of tenancy and possible financial costs to remove smoke odor or residue from the unit.

Reasonable Accommodation Requests:  For those who request the use of medical marijuana for medicinal use, HUD regulations allow a landlord to evict you for any activity related to any controlled substance, including medical marijuana.  Here is a 1999 Memorandum Regarding Medical Marijuana in Housing written by HUD General Counsel.

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