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.
Category: Laws
Keywords: law, policy, smoke free, property, owner, manager, iowa code 142d.5