More and more, people are voicing concerns that the tobacco smoke
produced by neighbors is seeping into their own homes, often causing
annoyance, discomfort, and sometimes, illness. These concerns
are best resolved amicably, through discussion and reconciliation
between neighbors and building managers. However, when this is
not possible, legal action may be warranted.
Such legal actions have been brought across the United States,
sometimes leading to out-of-court settlements, other times to
verdicts in favor of one of the parties.
The following are possible legal options available to you if
you are exposed to secondhand smoke against your will:
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Common Law Theories.
These are ways non-smoking tenants can bring legal action
against a landlord or against smoking tenants under common
law. These theories include: breach of covenant of quiet enjoyment;
negligence; nuisance; breach of warranty of habitability;
battery; intentional infliction of emotional distress; trespass;
constructive eviction.
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Americans with Disabilities Act
and Fair Housing Act. Non-smoking tenants
who are afflicted with breathing disorders may use the Americans
with Disabilities Act and/or the Fair Housing Act to bring
legal action against landlords for not making reasonable accommodations
to protect these tenants from secondhand smoke in common areas
or in their apartments.
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Other Possible
Legal Action: Violation of State and Local Building
Codes; Violation of State Sanitary Codes. |
Download
an analysis with more detailed information on legal options
of tenants and potential liabilities of landlords.
For additional information see the Apartments
and Condominiums section of the Smoke-Free Environments Law
Project site.
