24 C.F.R. § 965.653

Smoke-free public housing

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(a) In general. PHAs must design and implement a policy prohibiting the use of prohibited tobacco products in all public housing living units and interior areas (including but not limited to hallways, rental and administrative offices, community centers, day care centers, laundry centers, and similar structures), as well as in outdoor areas within 25 feet from public housing and administrative office buildings (collectively, “restricted areas”) in which public housing is located.

(b) Designated smoking areas. PHAs may limit smoking to designated smoking areas on the grounds of the public housing or administrative office buildings in order to accommodate residents who smoke. These areas must be outside of any restricted areas, as defined in paragraph (a) of this section, and may include partially enclosed structures. Alternatively, PHAs may choose to create additional smoke-free areas outside the restricted areas or to make their entire grounds smoke-free.

(c) Prohibited tobacco products. A PHA's smoke-free policy must, at a minimum, ban the use of all prohibited tobacco products. Prohibited tobacco products are defined as:

(1) Items that involve the ignition and burning of tobacco leaves, such as (but not limited to) cigarettes, cigars, and pipes.

(2) To the extent not covered by paragraph (c)(1) of this section, waterpipes (hookahs).

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2020–2022 · leading case: NYC C.L.A.S.H., Inc. v. Marcia L. Fudge, 47 F.4th 757 (D.C. Cir. 2022).

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NYC C.L.A.S.H., Inc. v. Marcia L. Fudge, 47 F.4th 757 (D.C. Cir. 2022). · cites it 2× “at 87,444 ; 24 C.F.R. § 965.653 (a). The prohibition also extends to outdoor areas within twenty-five feet of public housing and administrative buildings.”

Nyc C.L.A.S.H., Inc. v. Carson (D.D.C. 2020). · cites it 2× “24 C.F.R. § 965.653 (a), (c).3 HUD’s stated purpose for the Rule was fourfold: (1) to “improve indoor air quality in the housing;” (2) to “benefit the health of public housing residents, visitors, and PHA staff;” (3) to “reduce the risk of catastrophic fires;” and (4) to “lower…”

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