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Smoke-Free Housing Protections in Hawai‘i

In Hawai‘i, all indoor common areas in condos and apartments are covered by the state’s smoke-free air law (HRS 328J-3), which states:

Smoking shall be prohibited in all enclosed or partially enclosed areas open to the public, including but not limited to the following places:

(13) Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, multifamily dwellings, and other multiple-unit residential facilities.

Beyond the smoke-free air law, smoke-free provisions depend on the type of housing.

Funded and overseen by the U.S. Department of Housing and Urban Development for eligible low-income families, the elderly, and persons with disabilities.

Since 2014, all public housing in Hawai‘i has been  smoke-free. Smoking is prohibited in all indoor areas, including dwelling units, and within 25 feet of all indoor areas. In 2016, the U.S. Department of Housing and Urban Development enacted a rule that made all public housing smoke-free.

Developed with funding or support from federal, state or county resources. Allows eligible and qualified applicants to purchase or rent at below market prices.

In 2015, the Hawai‘i Housing Finance and Development Corporation added smoke-free policies as a requirement for developers to be eligible for low-income housing tax credits. This means that any new affordable housing built or acquired after 2015 is smoke-free. Older properties may voluntarily adopt a smoke-free policy.

Costs for rental or purchase are based on current housing market prices.

It is up to individual buildings to adopt smoke-free policies, usually through bylaw amendments.

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