WILMINGTON, N.C. -- A new rule banning smoking on federally-owned property is upsetting some residents in public housing.

• U.S. Department of Housing and Urban Development, HUD, enforced this rule as of July 30th, citing second-hand smoke as their main concern
• The rule requires that residents go to a public sideway or to the street when they do smoke
• While some residents are complaining about the smoking ban, others have complained about there being smoke in the past

U.S. Department of Housing and Urban Development, HUD, enforced this rule as of July 30th, citing second-hand smoke as their main concern. However, some residents said that violates their constitutional rights.

"I own my own body, not the government," said Shynetta Hansley, a public housing resident.

The rule requires that residents go to a public sideway or to the street when they do smoke.

Hansley said it is wrong for HUD to regulate what they do in their homes.

"We pay our rent, so I mean, they shouldn't come in our home and tell us how to live," said Hansley. "That's another right, they're violating the privacy of our homes."

Locally, Wilmington Housing Authority CEO, Katrina Redmon, said this issue is not something she can waive on. Housing authorities are required by federal mandate to follow this rule since they use government funding.

While Hansley and other residents are complaining about the smoking ban, Redmon said other residents have complained about there being smoke in the past.

"This will certainly help those individuals, children with asthma, adults with lung problems heart problems, so there are great benefits that come from this as well," said Redmon. 

According to Lungs.org over one-third of adults in public housing smoke, which is more than twice the national average.

Hansley and other residents said there are bigger threats to health in their communities than second-hand smoke.

"The apartments falling in, mildew," said Hansley. "They're just painting around it and patching things out here. That's causing more harm to the children."

Conversely, Redmon said they take care of maintenance requests.

"Anytime there is a problem with the unit, all they have to do is call the office," said Redmon. "A work order is done and we get on that right away."

However, Hansley said her fight isn't with the local housing authority, it's with petitioning HUD to overturn its new smoke free mandate.