For the over 40% of Californians who live in dwellings that are attached to others, secondhand smoke can be not only a nuisance that leads to confrontations with neighbors, but also a serious health hazard.  The populations most at-risk include those with asthma and other respiratory diseases, children, and the elderly.  Their most common complaint is that neighbors allow their tobacco smoke to drift from their housing units, balconies and other outdoor areas into the homes of other residents.  Smokers tend to deny the damage that their smoking does, despite the proclamation of the US Surgeon General that, “There is no risk-free level of exposure to secondhand smoke.” 

    Recent research has shown that secondhand smoke from a neighbor’s home can reach startling high levels.  Dr. Neil Klepeis, a researcher from Stanford University, recently studied the level of contaminants in a condominium in San Jose and confirmed this.  At a press conference hosted by Breathe California of the Bay Area, Dr. Klepeis revealed that the level of hazardous tobacco chemicals in the nonsmoking victim’s home was as high as one would find in a gambling casino. 
    The declaration of the California Air Resources Board that secondhand smoke is a Toxic Air Contaminant that “may contribute to an increase in deaths or serious illnesses” needs to be taken seriously; multi-unit housing managers and owners need to be educated and encouraged to adopt smoke-free policies.  They need to be informed that such smoke-free policies would be popular since 84% of Californians do NOT smoke, and that they can lead to fewer fires, reduced insurance, and reduced maintenance.  Moreover, clear policies will reduce the time spent arbitrating tenants’ arguments, since polls show 40%-50% of owners/managers have had to deal with complaints about secondhand smoke.  In Santa Clara County, 96% of apartment residents expressed that smokers should not be able to smoke where they want, and 84% would support a no-smoking policy for their complex (Santa Clara Public Health Dept. survey, 2009).
    Unfortunately, in this economy building owners/managers are especially reluctant to make changes, even ones that might prove popular.  Therefore, the best route to protection is getting laws passed.  In January, the Santa Clara County Board of Supervisors passed an ordinance that bans all smoking in multi-unit residences including apartments, condominiums, and senior citizen residences.  The ordinance, one of the strongest in the US, applies to all unincorporated areas in the County.  Approximately twenty-five communities in California, and many more in the US, have adopted smoke-free housing laws of varying types.  Others like San Jose have adopted resolutions that encourage builders/owners to go smoke-free.

Until such laws are commonplace, those who have asthma need to take steps to protect themselves:

• Check out listings of smoke-free housing such as www.smokefreeapartments.com or call your local apartment association for information.
• Read rental or home owners' association documents thoroughly before signing them.  Determine the exact smoking policies and enforcement methods and confirm with the agent. 
• Do not accept anecdotal information that the agent may provide; stick to what is written on the agreement.
• If your options are limited, by factors such as location or cost considerations, try to get an apartment or condominium next to nonsmokers and get the owner to create smoke-free future spaces by only renting/selling to nonsmokers adjacent to your unit (in writing).
• Take a physical tour of the exact unit, not a model, and look for proximity to others’ balconies and patios.   Also check any intake air vents and their position relative to areas where there might be smoke.  Absent wind, smoke tends to go up, so avoid living above smokers as much as next door.
• Report violations of any policies immediately and continuously.
• Get to know your neighbors.  A request not to let smoke drift from someone you know and like is harder to ignore than an a request form an unknown neighbor.
• Best of all, form a group of tenants who want smoke-free housing and advocate to the owner/manager regularly.