FAQs

You can use this searchable registry to find a smoke free home in your area.

Notice must be given to the tenant in accordance with Iowa Code 562, the Uniform Residential Landlord and Tenant Law. A violation of a smoke free clause in a lease is like any other lease violation. Please consult your legal team for any further questions.

This is a situation in which the property manager will work with her/his legal team to devise the proper route to continue.

Yes, any rental property can be entered into the registry.

Yes, any property that has developed a smoke free housing policy (that has at a minimum 100% smoke free building) may have their property entered into the Smoke Free Homes Registry.

A grandfather clause is a situation in which an old rule continues to apply to some existing situations, while a new rule will apply to all future situations.  During the implementation phase of a smoke-free policy, current tenants may be offered a “grandfather” (See Iowa Code 562) period.  This time period can be determined by the property manager/owner but must comply with Iowa Code 562. Properties will not be included in the Smoke-Free Housing Registry until a grandfathered period has ended.

Enforcement measures should be clearly described in the following: smoke-free policy, rental agreement, and the resident guidelines. Enforcement measures can be drafted at the discretion of the property manager.

Yes, similar to prohibiting a tenant from possessing a pet or a keg of beer, property managers may prohibit smoking.  In fact, the U.S. Dept. of Housing and Urban Development issued a notice regarding smoke-free policies in public housing (see attached). The notice strongly encourages Public Housing Authorities to implement smoke-free policies in some, or preferably all of their public housing units, that are not inconsistent with state or local rules and regulations. Further, Iowa Code 142D.5 provides that an owner, operator, manager, or other person having custody or control of an area otherwise exempt from the prohibitions of the Iowa Smokefree Air Act may declare the entire area as a nonsmoking place. This is not inconsistent with Iowa code 562A (the Uniform Residential landlord and tenant law), which does not prohibit a property manager from restricting tenant smoking in their apartment units.

There is No Constitutional Right to Smoke. 

Rather than “smoker rights,” please consider the issue as the rights of tenants.  A smoke-free policy is not discriminatory as long as the policy is not used to target a protected class or minority and a building manager or owner maintains the lawful ability to restrict or prohibit smoking.  If a property manager decides to implement a smoke-free policy, the property manager should take caution and “grandfather” those current tenants for a specified period as determined by their lawyer and/or following Iowa Code 562.  You may also refer to the Fair Housing Law

Assisted living is defined as part of the long-term care continuum. Under Code 142.D.4 of the Iowa Smokefree Air Act (Areas where smoking not regulated) “Private and semi-private rooms in long-term care facilities, occupied by one or more individuals, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted, provided that smoke from these locations does not infiltrate into areas in which smoking is otherwise prohibited under this chapter.” To find the definition of assisted living under Iowa Code, please see 231C.1.

No, the Iowa Smokefree Air Act pre-empts local communities, thereby preventing local communities from adopting any ordinances that require Smoke-Free Multi-Unit Housing policy.