A plan that has been bandied about since 2009 now is close to becoming a requirement that would ban smoking in the more than 1.2 million public homes run by the Department of Housing and Urban Development (HUD).

While the proposed changes are significant for public health, but Ballard Spahr attorney Amy Glassman warned the agency may have difficulty enforcing it—or any ban—due to budgetary requirements:

According to Ms. Glassman: “These are issues that many housing authorities have been considering and addressing for some time. However, a required smoking ban, if implemented, would add regulatory requirements to a program that is already facing significant funding shortages. It would be helpful if additional funding resources were provided to assist housing authorities with implementing and enforcing an additional regulatory requirement. Further, smoking bans raise a number of enforcement questions, both with respect to lease enforcement as well as accommodating persons with disabilities, so HUD guidance on both issues would be extremely helpful.”

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