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.
  • 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: