Problem/Objective: There is widespread confusion about the legality of restricting smoking in individual units of multi-family housing. Many are concerned that such regulations are illegal because they are discriminatory or violate individual freedoms. This presentation is designed for government attorneys, public health department staff, and community based organization staff. This presentation will also be helpful to tenants' rights organizations, legal aid attorneys, affordable housing providers, landlords, and property managers.

Methods: Tobacco control advocates are beginning to work with landlords, property management firms, and public housing authorities to adopt policies that restrict smoking in the common areas and individual units of apartment complexes. As advocates recommend this type of policy, the first question they are usually asked is— is it legal to prohibit someone from smoking in his/her own home?

Results: Many housing providers are concerned that such smoking prohibitions are illegal. These fears are unfounded, as landlords have the legal ability to prohibit smoking in common areas and in individual units and not run afoul of the law. These restrictions are analogous to "no pet" provisions.

Conclusions: Participants will feel confident in debunking the misperceptions that exist about the legality of smokefree policies by gaining an understanding of the legal principles, the myths that surround them, and the answers they can convey to landlords and tenants.