Things You Should Know
- Landlords are required by Oregon law to disclose their smoking policy as part of the rental agreement. They must disclose if smoking is allowed and if so, where.
- Smokers are not a protected legal class; there is no “right to smoke” under the law.
- Oregon’s Indoor Clean Air Act and Washington’s Smoking in Public Places Law prohibit smoking in most indoor public places, including common areas of apartment buildings, such as hallways, laundry rooms, recreation/common rooms, lobbies, and similar types of areas.
- Non-smokers with certain disabilities may have legal protection under the Americans with Disabilities Act and the Fair Housing Act. If secondhand smoke seriously affects your ability to breathe, consult a doctor to have your condition documented – see Sample physician letter.
- If your landlord decides to change or convert the building to non-smoking, he or she may need to “grandfather in” those smoking residents living at the complex until their leases expire.
Here are additional resources: