Ask Your Representative or Senator to Co-sponsor An Act Preventing Fires and Secondhand Smoke in Non-Smoking Rental Housing

MassLandlords drafted, and Senator Keenan graciously agreed to sponsor, legislation to help non-smoking renters and their landlords enforce lease provisions for non-smoking properties.

This real image from a Massachusetts apartment shows what one renter did to prevent smoke setting off their alarm. This would be hilarious if it weren't potentially deadly. CC BY-SA 4.0 MassLandlords

Fire safety in rental housing is being critically undermined by smokers in no-smoking housing who take down their smoke alarms. This leaves all occupants of the building at risk of not just secondhand smoke from tobacco and cannabis but also fire from all causes.

When a landlord speaks to such a renter, the answer is usually, “I’m not smoking.” If the landlord files a for-cause eviction, they will be almost entirely unable to enforce the no-smoking rental agreements. The rules of evidence for smoking are applied too stringently. Even with witnesses, landlords routinely lose for-cause cases against smokers.

Landlords can try to file an eviction for “no cause stated.” But this could end up mired in counterclaims for months. Meanwhile the smoking would continue unabated.

Under our proposed legislation, if the fire department saw smoke detectors on the ceiling at the start of the tenancy, and the fire department does not see them now, then the renter is presumed to be smoking. There is no valid reason for any renter to take down a smoke detector. Our bill has the added public policy side effect of encouraging more frequent and voluntary public inspections of rental properties.

An all-too common sight in rental housing. This puts the lives of other renters at risk.

Ask Your Representative and Senator to Co-sponsor SD.912

Since the pandemic (if not earlier), cross-branch sponsorship is possible, meaning a representative can sponsor a bill in the senate or vice-versa. Look up your state representative and senator using the “Find My Legislator” tool. Ask them to co-sponsor Bill SD.912, An Act preventing fires and secondhand smoke in non-smoking rental housing.

An all-too common sight in rental housing. This puts the lives of other renters at risk.

Can I Email my Legislators Where I Own Property?

Yes! The strongest request is with the legislator where you live and vote. If possible, call and email your personal representative and senator. Then call and email the legislators for where your renters reside, too.

What Should I Say When I Contact Them?

Tell your legislator that you are a constituent. Give them your address or the rental property address. Tell them you offer non-smoking housing and have a problem with renters taking down smoke alarms putting everyone at risk. Ask if they will co-sponsor SD.912.

What If They Have Questions?

Email us at hello@masslandlords.net to schedule a phone call or Zoom. Our staff will attend and answer any questions or concerns your legislator may have.

When Do I Have to Ask?

Ask now! We have only until the bill is assigned to a committee to add cosponsors. This could be weeks, or it could be tomorrow.

Where Is This Bill?

This bill has been filed in the Massachusetts state Senate. This is the start of a new two-year legislative session.

Where Can I See the Text and Learn More?

Visit our dedicated page. There we have the full text broken into pieces and explained, the bill number, and a complete summary with additional frequently asked questions for the technically minded.

Should I Tell MassLandlords I’ve Reached Out?

Yes! We keep a list of all legislators and their receptivity to policy proposals, including fire safety in rental housing.