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Oregon HB 4120: Proposed Changes to No-Smoking Policies in Multifamily Rentals

Hey there, fellow Oregon landlords, property managers, and real estate investors. Christian Bryant here from the Portland Area Rental Owners Association (PAROA). The 2026 session is underway, and House Bill 4120 is one of those proposals that could shift how we handle smoking in rental properties. Titled "Relating to smoking policies in residential tenancies," this bill targets multifamily housing and gives landlords more flexibility to go smoke-free.


Mr Portland Landlord reports this article.

As of late January 2026, HB 4120 is newly introduced and awaiting first reading at the House Desk. No committee referral yet, no amendments, and no hearings on the calendar—it's early days. The full introduced text is available on the Oregon Legislative Information System (OLIS), linked below. The catchline gets right to the point: it allows residential landlords of multifamily housing to convert the premises to nonsmoking for existing tenants with 90 days' written notice.

Oregon multifamily no-smoking policy

Let's unpack this. Under current Oregon law, landlords can adopt no-smoking policies for new tenancies—it's in the lease, clear as day, and enforceable. For existing tenants, though, it's trickier. You generally can't unilaterally change material terms mid-lease without mutual agreement or a lease violation trigger. Smoking policies often fall into that category, meaning grandfathering in smokers until they move out. HB 4120 would change that for multifamily properties (think apartments, condos, duplexes with multiple units under one owner), letting you notify current tenants in writing and, after 90 days, prohibit smoking entirely on the premises.


Multifamily building with no-smoking signs representing proposed Oregon smoking policy changes.
Going smoke-free: How HB 4120 could simplify Oregon multifamily no-smoking policy adoption.

The bill applies specifically to multifamily housing, so single-family rentals or smaller setups might stay under existing rules. "Premises" likely includes units, common areas, balconies, and grounds—standard for no-smoking bans. The notice period gives tenants time to adjust, quit, or decide to relocate. No opt-out or grandfathering required once notice is given.


If this passes close to its introduced form, here's the practical breakdown for our world.

For landlords and property managers in multifamily: This hands you a powerful tool to go fully smoke-free without waiting for turnover. Benefits stack up quickly—reduced fire risks (smoking is a leading cause of residential fires), lower maintenance costs from smoke damage (goodbye yellow walls and lingering odors), easier re-renting to nonsmokers (a growing demographic), and better indoor air quality for everyone. In Portland's tight market or college towns like Eugene, nonsmoking buildings often command premium appeal. Imagine finally tackling that chain-smoker whose habit seeps into hallways, affecting neighbors—90 days' notice, and it's done.


Potential downsides? Tenant pushback. Smokers might feel singled out, leading to complaints, early move-outs (with relocation costs if during fixed term?), or disputes over enforcement. If a tenant claims medical need (nicotine addiction isn't typically a disability, but related conditions might be), reasonable accommodation requests could complicate things under fair housing.


For real estate investors: Smoke-free properties generally hold value better—less turnover damage, lower insurance premiums (some carriers discount nonsmoking buildings), and broader tenant pool. Converting an older multifamily asset could boost NOI through reduced cleaning/painting and fewer complaints. In competitive markets like Bend or Salem, it differentiates your portfolio. Flip side: Short-term vacancy spikes if smokers leave en masse, or legal challenges if notice isn't perfect.


Landlord delivering 90-day no-smoking notice in Oregon multifamily hallway.
Providing notice: The key step in converting to an Oregon multifamily no-smoking policy under HB 4120.

For developers: New multifamily projects already trend nonsmoking—buyers and lenders like it. This bill reinforces that, potentially easing financing or approvals where air quality matters. Existing projects get retrofit flexibility without endless grandfathering.


Common scenarios and pitfalls:

  • You own a 20-unit building in Beaverton with half smokers grandfathered in. Pass this bill, send certified notices—90 days later, enforce no-smoking everywhere. Pitfall: Inconsistent enforcement leads to discrimination claims (e.g., ignoring some violators).

  • Tenant vapes or uses cannabis—does the ban cover it? Bill says "smoking," typically combustible, but clarify in policy (Oregon allows separate cannabis rules).

  • Fixed-term lease ends soon: Coordinate notice with renewal for smoother transition.

  • Tenant relocates early: No automatic relocation assistance required under this bill, unlike some terminations.


Best-practice tips for no-smoking policies (now or post-bill):

  • Use written notice via certified mail, with clear language: "Effective [date 90+ days out], smoking prohibited on entire premises, including units."

  • Define "smoking" broadly if desired—cigarettes, cigars, pipes, vaping, cannabis.

  • Offer resources: Quit-line info, to build goodwill.

  • Update leases for new tenants immediately—reinforce the policy.

  • Post signs, monitor common areas, and document violations consistently.

  • Train staff: Enforcement without retaliation accusations.

  • Check insurance: Ask about nonsmoking discounts.


Related subtopics: Ties into ORS 90.220 and 479.305 on utilities and habitability—smoke drift can affect quiet enjoyment. Federal HUD encourages smoke-free public housing; private multifamily follows suit for health reasons. Secondhand smoke exposure drives many policies—it's classified as a carcinogen, after all. In Oregon, with our clean air ethos (think wildfire smoke battles), nonsmoking aligns culturally. Humorously, if tenants complain about odors, at least it's not from the neighbor's latest attempt at gourmet cooking gone wrong.


This proposal reflects growing recognition that smoking affects shared spaces in multifamily living. Converting buildings improves health and property condition, though it shifts dynamics for current smoking tenants.


Early bills often see tweaks—perhaps adding cannabis specifics, longer notice, or exemptions.


Call to Action HB 4120 is fresh—your feedback can influence it.





Share real-world multifamily experiences—how smoking impacts maintenance, tenants, or operations. Constructive input shapes better law.


We're navigating these changes together—reach out to PAROA anytime.


Sources:

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Portland Area Rental Owners Association

12725 SW Millikan Way
Suite 300
Beaverton, OR 97005

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