Body: You can use this searchable registry to find a smoke free home in your area.Read more
Body: 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.Read more
Body: This is a situation in which the property manager will work with her/his legal team to devise the proper route to continue.Read more
Body: Yes, any rental property can be entered into the registry.Read more
Body: 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.Read more
Question: What is grandfathering?
Body: 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... Read more
Body: 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.Read more
Body: 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... Read more
Question: What rights does a smoker have?
Body: Please visit: http://www.publichealthlawcenter.org/sites/default/files/resources/tclc-syn-constitution-2005.pdf . 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... Read more
Body: 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... Read more