Find Information About Mystery Callers With Reverse Lookup

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Most basically, there is no law that prevents landlords and property managers from regulating smoking on the premises, whether inside individual units or outside in common and private use areas. This is because (1) there is no constitutional right to smoke and (2) smoking is not protected by Fair Housing laws. HUD does not prohibit non-smoking policies in affordable housing. In fact, allowing smoking can result in issues with non-smokers regarding secondhand smoke.

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... br />Many landlords prohibit smoking in their units rather than discriminate against smokers per se because it is the act of smoking in the unit rather than the fact that a tenant is a smoker that is important. Most, perhaps all experts feel that owners have the right to protect their properties against damages from smoking and to protect other occupants from secondhand smoke. The lease agreement should, of course, contain very specific clauses related to the non-smoking issue. In addition to a clear statement of the prohibition, acknowledged by the tenant upon signing the agreement, the lease should also set out in some detail a list of damages resulting from smoking for which a violator will be responsible.

For multi-unit properties, prohibiting smoking inside units and in common area hallways and within some distance of residents’ patios, balconies, doors, etc, can actually reduce the risk of problems. Because tobacco smoke is often considered a nuisance in the same way that loud noise would be considered a nuisance, if tenants are complaining about drifting tobacco smoke, landlords must take action to protect them.

Landlords and property managers who fail to accommodate non-smoking tenants who complain about secondhand smoke may be exposing themselves to lawsuits. If a resident or prospective resident has a disability or chronic illness which is made worse by exposure to tobacco smoke, Fair Housing Laws will require a ”reasonable accommodation.”

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