Smoke-Free Housing

Finding a place to call home is hard, but finding a smoke-free home in your preferred type of property can be even harder, if you don’t know where to look! There are over 60,000 smoke-free units listed in our smoke-free housing directory below.

All of the properties included in the listing below have self-reported that they have buildings where all units within are 100% smoke-free. However, the places listed may have some buildings that allow smoking, and may allow smoking on patios or in other outdoor spaces. Smoke-free policies can vary by property and may solely include tobacco products, electronic cigarettes, cannabis, or a combination of these. Please inquire about a 100% smoke-free building policy when calling a community and before signing a lease.

Apartment Owners and Managers: If you own or manage smoke-free apartments and would like to be included in the Smoke-Free Housing Directory, please fill out the request form here.

The creators of this site do not represent or endorse the accuracy, currency or reliability of any of the information, content, products, or advertisements contained on, distributed through, or linked, downloaded, or accessed from this site. The Health District shall not be liable for any damages, expenses or costs, of any kind whatsoever, related to or arising from an individual’s use of the information contained herein.

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: Smoke-Free : Vape-Free : Cannabis-Free : Smoke-Free lease submitted

Smoke-Free Apartments & Condos

Owners and Managers

Why would a landlord or property manager want to prohibit smoking?

Secondhand smoke is the third leading cause of preventable death in the United States.More than 40,000 people die annually from the diseases caused by secondhand smoke.

Multi-housing developments present a particular challenge for dealing with this significant health problem because tobacco smoke from one unit may seep through cracks, be circulated by shared ventilation systems or otherwise enter the living space of another tenant and because people spend more time in their homes than in any other location, reducing exposure to tobacco smoke in multi-unit residences can significantly improve residents’ health.

In addition to the health benefits to employees and residents, limiting smoking can also significantly decrease maintenance and turnover costs for landlords and property managers.

Landlords and property managers can minimize or eliminate most of these costs by prohibiting smoking in common areas and individual apartment units.

Check out our Smoke-free Multi-Unit Housing Toolkit to learn the benefits of going smoke-free and find the resources necessary to implement a valid and legal policy in your multi-family community.

Is it legal for a landlord or property manager to prohibit or restrict smoking?

Yes, it is legal to restrict or eliminate smoking in individual units and common areas of multi-housing developments.

Landlords have legal rights to set limits on how a resident may use a rental property. For example, they may decide whether residents are allowed to have pets and the hours the pool is open. A “no smoking” policy is similar to a “no pet” restriction in the lease or pool hours in the common area.

It is important to note that a landlord is not unlawfully discriminating against smoking residents or violating a smoker’s fundamental right to privacy when banning smoking in common areas or individual units. Claims to the contrary have no legal basis.

There is no law that prohibits designating areas or individual apartment homes as smoke-free (NRS 202, 118, and 207). People who smoke are not protected by state or federal anti-discrimination laws, nor are they considered disabled under state or federal disability rights laws. An argument commonly heard is that an individual has a “right to smoke”- when in fact, there are no constitutional or other legal rights to smoke.

The Tobacco Control Legal Consortium created a fact sheet specifically for apartment owners and managers in Nevada that outlines the legal issues of creating smoke-free homes. Download the Multi-Unit Housing Smoke-Free Policies Legal Issues – Nevada fact sheet.

What are the advantages of smoke-free apartment buildings?

Save on maintenance costs.
- Secondhand smoke covers walls, ventilation systems and other exposed surfaces with a dirty, yellow residue.
- It is very difficult to remove the smell of smoke in rooms where smoking has occurred. Oftentimes it involves repainting, as well as replacing carpets, drapes and appliances.
Attract and retain residents.
- Many people appreciate apartment buildings in which smoking is permitted only in designated outdoor areas.
Reduce cigarette butt litter.
Reduce fire danger.
- In one year, cigarettes caused over 1,400 fires in California homes, apartments, and mobile homes with an estimated $18 million loss in property and contents.
- In 2013 alone, careless cigarette smoking was to blame in at least five separate home and apartment fires in Southern Nevada, causing $250,000 in damage.
Insurance rates may decrease.
Some insurance companies offer discounts for housing communities that have adopted smoke-free policies.

Download the Adopting, Implementing and Enforcing Smoke-Free Policies Tips for Landlords/Property Owners fact sheet for suggestions that will make a transition to smoke-free easier for your facility.

Download the Model No-Smoking Policy Lease Addendum for your tenants.

How do I get my smoke-free apartments listed in the Smoke-Free Housing Directory?

If you own or manage smoke-free apartments and would like to be included in the Smoke-Free Housing Directory, please fill out the request form here.

Order Free Signage

If you wish to order free signage, please visit our online store or contact us at 702-759-1270 or tobaccoprogram@snhd.org. Free resources include posters, postcards and table tents.

Poster Example — Poster

Information Card Example — Information Card

Table Tent Example — Table Tent

Magnet Example — Magnet

Other free resources include:

Contact Us

If you own or manage smoke-free apartments and would like to be included in the Smoke-Free Housing Directory email TobaccoProgram@snhd.org or call (702) 759-1270.

Tenants

Is it legal for a landlord or property manager to prohibit or restrict smoking?

Yes, it is legal to restrict or eliminate smoking in individual units and common areas of multi-housing developments.

Landlords have legal rights to set limits on how a resident may use a rental property. For example, they may decide whether residents are allowed to have pets and the hours the pool is open. A “no smoking” policy is similar to a “no pet” restriction in the lease or pool hours in the common area.

It is important to note that a landlord is not unlawfully discriminating against smoking residents or violating a smoker’s fundamental right to privacy when banning smoking in common areas or individual units. Claims to the contrary have no legal basis.

There is no law that prohibits designating areas or individual apartment homes as smoke-free (NRS 202, 118, and 207). People who smoke are not protected by state or federal anti-discrimination laws, nor are they considered disabled under state or federal disability rights laws. An argument commonly heard is that an individual has a “right to smoke”- when in fact, there is no constitutional or other legal right to smoke.

As a resident, what can you do if you have unwanted tobacco smoke in your apartment or condo?

Secondhand smoke seeping into apartments or condominiums from neighboring units is a common problem because of shared ventilation between housing units and inadequate door and window insulation. Unfortunately, there are no fail-proof solutions to this problem.

In Nevada, because apartments and condominiums qualify as personal residences, they are exempt from any smoking restrictions under the Nevada Clean Indoor Air Act. And nationally, the record of resolving such conflicts in the courts is somewhat mixed.

According to the American Nonsmokers’ Rights Foundation, nonsmokers have filed lawsuits against landlords and other residents on the basis of nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional infliction of emotional distress; courts have ruled for and against nonsmokers in individual cases.

However, there are many actions you can take to protect yourself from secondhand smoke.

Are there smoke-free apartment options in Las Vegas?

Many landlords and property managers in Clark County have begun to acknowledge the growing demand for smoke-free living, considering only 11.4 percent of Nevada’s adult population smokes.

When looking for a smoke-free apartment, remember to ask the landlord or property manager about smoke-free policies and/or smoke-free living options. Some properties in Southern Nevada have entire buildings designated as smoke-free.

Additional Resources

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