Rental Apartment Buildings
Minnesota Clean Indoor Air Act

The Minnesota Clean Indoor Air Act (MCIAA) bans smoking and vaping in the common areas of rental apartment buildings. A common area is a space that is accessible to all tenants. Examples of common areas include:

• Hallways
• Shared laundry rooms
• Entryways
• Stairwells
• Indoor garages

The law does not ban smoking inside individual apartment units.

It is important to note that the MCIAA regulates where a person is located when they smoke. It does not address the drift smoke from one apartment to another.

Definition of "Apartment Building"

Rental apartment buildings are defined as buildings with 3 or more rented living units. Condominium and co-operative housing buildings are not regulated by the MCIAA.

Smoke-free policies not enforced by MDH

Landlords can create rules for indoor smoking that are more stringent than the MCIAA. Many landlords include no smoking policies in their lease and ban smoking throughout the building, including apartment units.

MDH enforces the MCIAA and we can take action if the landlord is not following the MCIAA. If the landlord has additional rules not found in the MCIAA, the landlord is responsible for enforcing those rules.

Other government agencies can also have policies or laws that apply to apartments. An example is the U.S. Housing and Urban Development (HUD) Smoke-free Public Housing policies. These policies ban smoking in all areas of certain public housing buildings. Since this is a HUD policy, MDH cannot take enforcement against the landlord for the rules that exceed state law. Tenants could contact their county public housing agency with questions.

Cannabis in multi-family housing

Cannabis is included in the definition of smoking under the MCIAA. This means that smoking and vaping of cannabis is banned in the common areas of apartment buildings, just like it is for tobacco.

Outdoor areas

The MCIAA does not apply to outdoor spaces. Smoking is permitted regardless of the distance from building openings such as doors and windows. The MCIAA does not restrict smoking in outdoor areas, like decks, balconies and patios. The law does not regulate the drift smoke from individuals smoking outdoors. Some cities and counties have local ordinances that restrict smoking by entrances. 

Compliance and enforcement

The Minnesota Department of Health (MDH) enforces the MCIAA and may delegate compliance activities to local governments. Enforcement of the MCIAA is complaint based. To file a complaint, please contact MDH at health.indoorair@state.mn.us.

Local law enforcement has the authority to issue petty misdemeanor citations to businesses and people who knowingly fail to comply with the MCIAA.

Retaliation prohibited

An employer, manager or other person in charge cannot fire, refuse to hire, penalize, discriminate or retaliate against an employee, applicant, or customer who exercises any right to a smoke-free environment provided under the MCIAA.

Resources

• Live Smoke Free is a non-profit program of the Association for Nonsmokers-Minnesota (ANSR) that promotes smoke-free housing policies, lists smoke-free housing, and has guidance for tenants and landlords.
• Office of Cannabis Management is the agency that regulates cannabis in Minnesota, including in the smoking prohibition through multi-family housing.
• HOMELine provides free legal help to renters.
• Minnesota Attorney General's Office Landlords and Tenants: Rights and Responsibilities is publication that explains rights and duties that apply to renters and landlords everywhere in Minnesota. 

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