Smoke-Free Residential Environments Amendment Act of 2026

COUNCIL OF THE DISTRICT OF COLUMBIA The John A. Wilson Building 1350 Pennsylvania Avenue, NW Washington, D.C. 20004
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Statement of Introduction Smoke-Free Residential Environments Amendment Act of 2026 January 28, 2026 Today, I am introducing the Smoke-Free Residential Environments Amendment Act of 2026 with Councilmembers Matthew Frumin and Brooke Pinto. This bill would amend the District of Columbia Smoking Restriction Act of 1979 to prohibit smoking any tobacco or plant product indoors in any multifamily housing with two or more dwelling units or within 25 feet of an entrance or window to multifamily housing while another person is present. The bill would also require landlords to provide notice of the new law to tenants in any new lease and require landlords to inform existing tenants of the new law. This measure would ensure safe and healthy living environments for multifamily building residents who are currently exposed to secondhand and thirdhand smoke indoors. Smoking is harmful to both individual and public health. The District of Columbia Smoking Restriction Act of 1979 has been amended several times since its passage in recognition of the dangers imposed by secondhand and thirdhand smoke. Today, it prohibits smoking indoors in government facilities, schools, healthcare facilities, restaurants, organized sports events, and playgrounds, at a bus stop, and in any workplace. It does not prohibit smoking in any type of residential building despite the public health risks that secondhand and thirdhand smoke pose to non-smokers who share common spaces, walls, and ventilation systems. In multifamily buildings, neighbors do not even have to leave their apartments to risk exposure; secondhand smoke travels through shared ventilation systems, through open windows and doors, and through cracks and crevices. Secondhand smoking, also called involuntary smoking, harms non-smokers by increasing their likelihood of experiencing health problems such as asthma, chronic obstructive pulmonary disease, lung cancer, breast cancer, cardiovascular disease, and reproductive health issues. Thirdhand smoke exposure is caused by the tar and nicotine from tobacco smoke that stains walls and permeates porous surfaces with a mix of heavy metals and carcinogens such as formaldehyde and naphthalene. Airflow cannot remove these carcinogens or the smell of smoke from porous building materials such as drywall, wood, and carpet. Often, the only way to address property damage caused by indoor smoking and address the long-term environmental and public health harm is a gut renovation. However, the long-term health risks caused by involuntary exposure to secondhand and thirdhand smoking cannot be reversed. Although most multifamily buildings in the District enforce policies that prohibit residents from smoking indoors, there are outliers. Additionally, tenants in some rent-stabilized buildings have reportedly been told by property managers that residents who signed leases decades ago that
Christina Henderson Committee Member Councilmember, At-Large Human Services Chairperson, Committee on Health Facilities Transportation and the Environment

permitted smoking indoors cannot be prohibited from smoking indoors under the terms of those leases. This bill would require all multifamily residential properties in the District to meet the same standards that U.S. Department of Housing and Urban Development established for public housing under PIH-2017-03. Although the District of Columbia Smoking Restriction Act of 1979 generally prohibits smoking within 25 feet of restricted spaces, this bill would permit outdoor smoking closer than 25 feet from a building when no other person would be exposed to secondhand smoke. The prohibition would apply to any tobacco or plant product intended for human consumption through inhalation. In 2023, the DC Superior Court ruled in response to a complaint from a Ward 3 constituent that persistent smoke and fumes from a neighbor smoking indoors constitute a private nuisance, and that decision was upheld by the DC Court of Appeals in 2025. However, it is unreasonable to expect all residents who experience similar nuisance conditions to pursue relief through litigation. This measure would advance the District’s commitment to protecting public health by addressing a clear gap in existing smoking restrictions. No resident should be involuntarily exposed to secondhand or thirdhand smoke simply because they share walls, ventilation systems, or common spaces with others. This bill establishes a standard for multifamily housing that reflects the well-documented risks of indoor smoking, ensuring that all District residents can breathe clean air and live in safe, healthy homes.
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Councilmember Matthew Frumin Councilmember Christina Henderson 2
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Councilmember Brooke Pinto 6
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A BILL 9
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 13
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To amend the District of Columbia Smoking Restriction Act of 1979 to prohibit smoking 18
tobacco products in multifamily residential buildings. 19
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That 21
this act may be cited as the “Smoke-Free Residential Environments Amendment Act of 2026”. 22
Sec. 2. The District of Columbia Smoking Restriction Act of 1979, effective 23
September 28, 1979 (D.C. Law 3-22; D.C. Official Code § 7-1701 et seq.), is amended as 24
follows: 25
(a) Section 2 (D.C. Official Code § 7-1701) is amended as follows: 26
(1) Subsection (a) is amended by striking the phrase “in which the public 27
congregates” and inserting the phrase “in which the public congregates or in multi-unit rental 28
housing”. 29
(2) Subsection (b) is amended by striking the phrase “and to protect children from 30
exposure to the use of tobacco products by prohibiting their use in event sites for organized 31
sporting events” and inserting the phrase “, to protect children from exposure to the use of 32
tobacco products by prohibiting their use in event sites for organized sporting events, and to 33

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protect District residents from exposure to secondhand smoke in multifamily housing.” in its 34
place. 35
(b) Section 3 (D.C. Official Code § 7-1702) is amended as follows: 36
(1) Redesignate paragraph (3A) as paragraph (3B). 37
(2) A new paragraph (3A) is added to read as follows: 38
“(3A) “Multifamily housing” means a housing accommodation containing two or 39
more dwelling units.”. 40
(c) Section 4(a) (D.C. Official Code § 7-1703(a)) is amended as follows: 41
(1) Paragraph (9) is amended to read as follows: 42
“(9) In a playground or public recreational facility or while sitting or standing 43
within 25 feet of the property line of a playground or public recreational facility when another 44
person is present; provided, that smoking or using tobacco in places enumerated in section 45
2015.1 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2105.1) that 46
are located within 25 feet of a playground or public recreational facility shall be exempt from 47
this provision.”. 48
(2) Paragraph (10)(B) is amended by striking the period and inserting the phrase 49
“; and” in its place. 50
(3) A new paragraph (11) is added to read as follows: 51
“(11) In multifamily housing or while sitting or standing within 25 feet of an entrance or 52
a window of multifamily housing when another person is present.”. 53
(d) Section 5 (D.C. Code § 7-1704) is amended as follows: 54
(1) The section heading is amended by striking the phrase “signs” and inserting 55
the phrase “notice”. 56
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(2) A new subsection (a-4) is added to read as follows: 57
“(a-4)(1) A person who owns multifamily housing and intends to enter into a lease 58
agreement with a tenant for a housing accommodation shall include notice of the provisions of 59
this act as it pertains to smoking restrictions in multifamily housing in the proposed lease 60
agreement. 61
“(2) A person who leases multifamily housing on the effective date of this 62
subsection shall provide notice to tenants of the provisions of this act as it pertains to smoking 63
restrictions in multifamily housing.”. 64
Sec. 3. Fiscal impact statement. 65
The Council adopts the fiscal impact statement in the committee report as the fiscal 66
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 67
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 68
Sec. 4. Effective date. 69
This act shall take effect after approval by the Mayor (or in the event of veto by the 70
Mayor, action by the Council to override the veto) and a 30-day period of congressional 71
review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 72
December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 73