House committee advances bill letting landlords adopt smoke-free rules for multifamily housing

A House committee on Feb. 12 voted to advance House Bill 4,120, a measure that would allow owners of multifamily housing to change an existing smoking policy without tenant consent under specified conditions.

Representative Darcy Edwards, the bill’s sponsor, said HB 4,120 is aimed at protecting renters’ health and safety by creating a clear process for owners to adopt smoke-free policies. “This bill is fundamentally about fairness and health,” Edwards said, arguing that secondhand smoke travels through vents, walls and hallways and that tenants need equal protections.

Co-sponsor Representative Ricky Ruiz said the measure also seeks to reduce fire risk and preserve housing stock, noting that when apartment buildings burn they can be out of service for years. “House Bill 4,120 gives housing providers a clear reasonable tool to reduce that risk,” Ruiz said.

During a public hearing, witnesses offered competing views. Proponents included Jody Hack of Multifamily Northwest, who described the dash-1 amendment as a negotiated compromise that increases the notice period to 180 days and limits the rule to multifamily units; Marcel Gismondo, a Multifamily Northwest board vice president, cited Oregon State Fire Marshal data on smoking-related fires and property damage; Dr. Robert Dannenhofer, a pediatrician and Douglas County public-health officer, highlighted the health harms of secondhand smoke for children and infants; property managers Jessica Greenlee and Megan Howard said smoke-free policies reduce conflict and financial risk for owners, with Howard recounting a 2023 fire that left eight units uninhabitable.

Opponents included Timothy Morris of the Springfield Eugene Tenant Association, who urged caution, arguing landlords already have tools and warning that older long-term tenants, including seniors on fixed incomes, could face hardships if policies change; Morris cited ORS provisions on rental agreements and security-deposit damage claims as existing protections and warned of eviction risk if changes are handled poorly.

Under the adopted dash-1 amendment, the bill requires 180 days’ written notice before a smoke-policy change takes effect, exempts Type A (accessible) units, narrows the ban to lit tobacco products (allowing flexibility for some vaping), and applies to multifamily units developed under certain development agreements. The amendment and the bill were described by staff as having minimal fiscal and revenue impact.

After adopting the amendment without objection, the committee voted to move HB 4,120 as amended to the House floor with a due-pass recommendation. Representative Darcy Edwards will carry the bill to the floor.

The committee closed its work session on HB 4,120 and adjourned. The bill will next be considered on the House floor according to legislative scheduling.