Smoke knows no boundaries: legal strategies for environmental tobacco smoke incursions into the home within multi-unit residential dwellings

Objective-To describe legal theories that non-smoking residents of multiple occupancy buildings may employ when affected by environmental tobacco smok e (ETS) from neighbouring units. Design-Legal research was conducted in several US states. Research was perf ormed among statutes and regulations. State health regulations were examine d as well as common law claims of nuisance, warranties of habitability, and the right of quiet enjoyment. Results-Through the use of state regulations, such as a sanitary code, seve ral states provide general language for protecting the health multi-unit bu ildings. supports more traditional claims or nuisance, warranties of habita bility, and the right of quiet enjoyment. Conclusions-The use of state regulations has the potential to provide an ef fective, existing vehicle for resolution of ETS incursion problems. The gen eral health protection language of the regulations, in conjunction with the latest evidence of the harmful effects of ETS, gives state agencies author ity to regulate environmental tobacco smoke incursions among apartments in multi-unit dwellings. Where state regulations are not available, other comm on law legal remedies may be available.