ELI Policy Brief
Background. One-third of the nation’s housing units are occupied by renters. Policy makers can reduce tenants’ exposure to indoor contaminants and create more resilient housing through laws and regulations that establish minimum property maintenance requirements. Rental housing standards that reduce indoor air risks are especially important for households that have limited affordable housing options. According to U.S. Census data, households that rent their homes have considerably lower annual income on average than owner-occupied households, and a 2020 Government Accountability Office report found that households with low incomes or with heavy rent burdens “comprised half or more of renters living in units with substantial quality issues…”
Two common types of policies that may address indoor environmental conditions in rental housing are housing codes and landlord-tenant laws. Housing codes (sometimes called property maintenance codes) establish minimum conditions and maintenance requirements for rental properties and are usually enforced by local housing or health agencies. Though typically adopted by local governments, some states have established housing codes that set statewide standards. State landlord-tenant laws set forth the rights and responsibilities of landlords and tenants, including the responsibility to maintain the premises. Unlike housing codes, landlord-tenant laws are enforced privately by landlords or tenants, using legal processes set out in the laws. In addition to housing codes and landlord-tenant laws, states may have laws addressing specific IAQ issues (e.g., lead-based paint) that establish requirements applicable to rental properties.
ELI's 2017 Indoor Air Quality Guide for Tenants offers a starting point for tenants to learn more about IAQ in their homes.
Scope of the Policy Brief. This policy brief highlights state-level rental housing policies that address three indoor pollutants – radon, mold, and secondhand smoke. The brief provides examples of state policies but does not necessarily include all policies that address the issues.
Though not covered here, local or tribal housing codes may also address IAQ issues in rental housing. For example, New York City enacted a local law (2018/055) amending the city’s housing maintenance code to require landlords to prevent and remediate indoor allergen hazards, including mold and pest infestation.
Opportunities for Policy Action. Housing codes and landlord tenant laws differ from state to state, but many are based on model codes and have similar frameworks. They typically require housing units to be kept in “habitable” condition or in “good repair.” Although such general standards could potentially be used to address indoor air contaminants, policymakers can address known indoor air risks more directly and effectively by setting clear requirements for specific indoor environmental conditions. It is also important for policymakers to establish enforcement mechanisms and to provide adequate resources to implementing agencies.
Mold in Rental Housing: Selected State Policies
Indoor exposure to mold and dampness is associated with a variety of health risks, including development of asthma; triggering of asthma attacks; and increased respiratory infections, allergic rhinitis, wheeze, cough, difficulty breathing, and other symptoms. Remedial action is generally warranted if you can smell or see mold or dampness – air sampling is not needed in most cases. Calif. Dept. of Public Health, Statement on Building Dampness Mold and Health (2011); US EPA, A Brief Guide to Mold, Moisture and Your Home (2012).
State housing codes and landlord-tenant laws commonly include at least some provisions that address the underlying dampness and moisture problems that cause mold contamination – e.g., requirements for adequate ventilation in bathrooms and kitchens, adequate plumbing (fixtures maintained in good working order, free from leaks), weathertightness (structural components maintained to prevent moisture intrusion), and non-absorbent surfaces (bathroom, kitchen surfaces impervious to water).
Several states have gone further to enact laws or regulations that explicitly establish a landlord’s duty to prevent and address mold or dampness conditions as part of the landlord-tenant law or a housing code.
In addition to these examples, the state of Washington has adopted health and labor rules specifically for temporary worker housing for agricultural employees, requiring operators to prevent mold in dwelling units and common facilities.
States can build on current policy models and reduce health risks by requiring rental housing owners to maintain their properties free of mold and dampness and to take prompt and appropriate remedial action if mold and dampness conditions arise. For a discussion of state laws addressing mold and dampness in rental housing, see ELI's 2016 report on IAQ and Climate Change (chapter 3).
Radon in Rental Housing: Selected State Policies
Radon is a radioactive gas that is found in soil and rock and can enter buildings through cracks and other openings in the foundation. Indoor exposure to radon is the second leading cause of lung cancer in the U.S. and the leading cause of lung cancer among non-smokers. According to the U.S. EPA, indoor radon exposure is responsible for about 21,000 lung cancer deaths in the U.S. each year, with around 2,900 of those deaths occurring among people who have never smoked.
Elevated indoor radon levels have been found in all parts of the U.S., and the only way to know the radon level in a particular home is to test the home for radon. EPA has established a radon “action level” of 4.0 picoCuries/liter (pCi/L), but the agency notes that “radon levels below 4 pCi/L still pose some risk” and that radon levels “can be reduced in most homes to 2 pCi/L or below.” There are well established, cost-effective methods and standards for installing radon reduction systems to reduce indoor radon levels. According to EPA, “most homes can be fixed for about the same cost as other common home repairs.”
Policies and programs addressing residential radon exposure focus mainly on owner-occupied homes. Few states have laws that address the subject of radon in rental housing directly. Maine requires landlords to test for and disclose radon levels in their properties, while laws in Illinois and Colorado require landlords to provide radon information to tenants and allow tenants to end the tenancy in certain situations involving elevated radon levels.
Some local governments have adopted laws addressing radon in rental housing. For example, a 2019 Iowa City, Iowa ordinance requires single-family and duplex rental homes to be tested for and mitigate radon levels of 4.0 pCi/L or higher. A 2022 Montgomery County, Maryland ordinance requires landlords to test for radon in their rental housing, disclose testing results to tenants, and mitigate if radon levels are at or above 4.0 pCi/L.
States can build on these examples and establish stronger radon protections by requiring rental housing owners to test for radon and to mitigate elevated radon levels. A 2012 ELI report discusses these and other components of a policy addressing radon in rental housing.
Secondhand Smoke in Rental Housing: Selected State Policies
There is no safe level of exposure to secondhand smoke, which can cause heart disease, stroke, and lung cancer in adults. Children exposed to secondhand smoke are at increased risk for sudden infant death syndrome (SIDS), acute respiratory infections such as pneumonia and bronchitis, middle ear disease, more frequent and severe asthma, respiratory symptoms, and slowed lung growth. CDC, About Secondhand Smoke.
The only way to fully protect occupants from secondhand smoke indoors is to eliminate smoking in the building. Techniques such as separating smokers from nonsmokers, air cleaning, and ventilation cannot completely eliminate exposure. Office of the Surgeon General, The Health Consequences of Involuntary Exposure to Tobacco Smoke; ASHRAE, Position Document on Environmental Tobacco Smoke. Thus,k tenants who live in units where there is no smoking may still be at risk from exposure to secondhand smoke from other units that seeps through shared walls, ventilation systems, windows, and doors.
At the federal level, a U.S. Department of Housing and Urban Development (HUD) rule requires public housing agencies (PHAs) to adopt a smoke-free policy that bans the use of prohibited tobacco products in public housing living units, indoor common areas in public housing, and outdoor areas up to 25 feet from the building. At the local level, a number of municipalities in California have enacted ordinances prohibiting or significantly restricting smoking in multi-family housing.
Most states have laws that prohibit smoking in public places and/or workplaces but few, if any, restrict smoking in individual units of multi-family buildings. Some states have smoke-free laws that prohibit smoking in common areas of multi-family residential buildings (but not individual units), including the following three examples. (Many of these laws cover the use of e-cigarettes as well; the aerosols produced by such devices may contain a number of harmful substances.)
The state of Utah has enacted a law that defines drifting smoke as a nuisance. This approach could provide tenants with legal recourse in certain circumstances.
At least a few states have enacted laws that require disclosure of a building’s smoking policy. This strategy might encourage prospective tenants to consider potential exposure to secondhand smoke before leasing an apartment. In addition, California's landlord-tenant law affirms a landlord's right to prohibit smoking and requires notice to tenants of any smoking ban.
In addition to policies governing existing multifamily properties, states can require no-smoking policies in new multifamily construction subsidized by government financing. The State Housing Authority in Maine, e.g., adopted a rule (99-346 Code of Maine Rules Ch. 16, §5) that requires recipients of a Low Income Housing Tax Credit subsidy to “implement a written occupancy policy prohibiting smoking in the units and common areas...include a non-smoking clause in the lease for every household...and...make educational materials on tobacco treatment programs...available to all tenants through the resident service coordinator."
Policies Last Updated: Dec. 2023
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