A couple of years ago, many of our nation’s cities enacted the smoke-free law. Now, several landlords are doing the same by building – or zoning – smoke-free apartments.
However, as a resident, you must know your rights. Here are some tips on renting smoke-free apartments:
1. Make sure a no-smoking policy is included in your lease and see that a fine or some type of procedure is in place should certain residents break the policy.
2. Should a neighbor break the policy and your landlord does nothing about it, be sure to contact the health department.
3. Educate yourself on how public and exterior areas are handled, i.e., balconies and parking lots. Drifting smoke can create an unsettling environment for those residents in search of a 100% smoke-free home.
4. If you have a medical reason as to why you require a smoke-free apartment, i.e., asthma, some pulmonary disease or allergies, have a doctor’s note on hand and keep your paperwork on file. This will support your case should you encounter an unruly neighbor and an uncaring landlord.
There are several positive attributes for living in a smoke-free apartment, but do your homework and make sure that you’re moving into a true smoke-free complex and not one that tries to be one.
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As a tenant in a rental property, you have the right to live free of a significant cause of illness in the home and a major cause of preventable death in the United States: secondhand smoke.
With all the controversy surrounding this issue, you may find it difficult to understand what your non-smoking rights are. On this site you will find the information you need to live in a smoke-free environment.
For starters, we want you to know that non-smokers with serious breathing disabilities or smoke allergies have legal protection under the Americans with Disabilities Act and the Fair Housing Act.
Additionally, laws currently exist that you can use to assert your rights to a smoke-free apartment.
Here's another important fact: A smoke-free policy is NOT discriminatory. As long as the policy is not used to target a protected class or minority, a building manager is legally free to restrict or prohibit smoking in their building.
Further, the right to smoke is NOT protected under law, according to the opinions of the Michigan Attorney General and the U.S. Department of Housing and Urban Development (HUD).
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