Talk to your landlord or property manager about why you would like the building to be smoke-free. Direct them to the landlords and homeowners section of this site where they’ll find all of the information and tools needed to create a smoke-free policy. Talk to your neighbors and encourage them to express their desire for smoke-free housing to your landlord as well.
As a renter, you have certain rights and responsibilities when it comes to smoke-free policies.
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Rights |
Responsibilities |
- Non-smokers with respiratory conditions may have legal protection under the Fair Housing Act, Americans with Disabilities Act23 and certain Massachusetts anti-discrimination laws.24
- Common areas in your building, including hallways, laundry rooms, and lobbies, may already be protected under the Massachusetts Smoke-Free Workplace Law.
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- If a smoke-free policy exists, all residents must abide by the smoke-free policy contained in their lease or be subject to consequences, just like any other lease violation.
- Residents in a smoke-free building are responsible for the compliance of their visitors and guests.
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Fair Housing Act.
Here’s what you need to know about how the federal Fair Housing Act (FHA) can protect your rights:
- The FHA prohibits discrimination against people with disabilities, including those with severe respiratory conditions.
- The FHA allows people with breathing disabilities to seek reasonable accommodations from owners and operators. This is true for most housing in the United States. It provides residents with a way to address the serious health hazards posed by secondhand smoke that infiltrates their housing.
For more information about Fair Housing Act protections, visit The Department of Housing and Urban Development.
The information and materials contained on this website are for informational purposes only and should not be construed as legal advice. Nor are they a substitute for obtaining legal advice from a licensed attorney.