Under Utah law:
As a resident of an apartment or condo, you have options to address drifting secondhand smoke that is affecting you and your family:
False—under Utah law, secondhand smoke is considered a nuisance. This means that apartment managers and owners have the authority to prohibit smoking on their property, including all rental units. Having a smoke-free policy is no different than having a policy against pets or loud noise.
False—smokers are not a protected legal class, which means there is no law that states there is a “right to smoke.”
False—smoking is not easy to hide. Residents of your complex can be helpful in identifying those that are breaking the rules and smoking in areas where it is prohibited. Following through with violations of the leases is also very important.