Indoor Environments and Green Buildings Policy Resource Center
Indoor Air Quality in Rental Dwellings:
State Laws Addressing Radon, Mold and Secondhand Smoke
Minnesota’s Clean Indoor Air Act prohibits smoking in public places and provides for enforcement by the state health agency.
Ban on smoking. The Act prohibits smoking in all public places, places of employment, at public meetings, and in public transportation. Minnesota Statutes § 144.414(1) . The Act defines “public places” to include indoor, enclosed “common areas of rental apartment buildings.” Minn. Stat. §144.413(2).
The law does not prohibit smoking within individual rental units and thus does not protect against smoke entering one apartment from another.
Enforcement. Under the Act, an owner or operator who knowingly fails to comply with the Act is guilty of a petty misdemeanor, as is a person who smokes in an area where smoking is prohibited. The state commissioner of health, a board of health, or any affected party may institute a court action to enjoin repeated violations. Minn. Stat. §144.417.