US appeals court upholds ban on smoking in federally subsidized housing

   

Lou Kettering | U. Pittsburgh School of Law, US

The US Court of Appeals for the District of Columbia Circuit Friday upheld the Department of Housing and Urban Development (HUD) rule prohibiting smoking in HUD-subsidized public housing units.

The Housing Act of 1937 authorizes HUD to provide standards to keep public housing “safe and habitable.” In 2016, HUD promulgated the Smoke Free Rule. This rule prohibited the use of lit tobacco products in HUD-subsidized public housing units and their immediate surroundings. HUD promulgated the rule after a period of notice and comment and cited scientific evidence of secondhand smoke’s effects. The rule aims to protect residents from health risks and improve air quality within public housing.

In 2018, the New York City Citizens Lobbying Against Smoker Harassment (CLASH) and several public housing tenants sued HUD. The plaintiffs argued that HUD exceeded its authority under the Housing Act, the Smoke Free Rule is arbitrary and capricious, the Smoke Free Rule is not proper under the spending clause of the US Constitution, and other Constitutional violations.

In the opinion authored by Chief Judge Sri Srinivasan, the court ruled that the Smoke Free Rule does not exceed HUD’s authority under the Housing Act because the rule only operates in the context of public housing subsidized by federal funding. The court also ruled that the Smoke Free Rule is not arbitrary and capricious because of the scientific evidence HUD cited in its decision. Additionally, the court ruled that the rule is proper under the spending clause and does not violate any Constitutional rights of public housing tenants.

 SOURCE ; https://www.jurist.org/

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