Is Nonsmoking Policy Illegal?

by Robert Griswold

Q: I am preparing to rent out my home and was advised that it may be illegal or challenged if I request nonsmokers only.

If my family ever moves back to the home, my daughter is asthmatic and the smoke residue may cause a health risk.

Can I request nonsmokers only?

A: I have seen some tenant-landlord attorneys express the opinion that any attempt to limit tenancy to nonsmokers would be discriminatory.

I am not an attorney, but as a property manager I think the key fact that would allow you to have a “nonsmoking” policy for your rental home is to control the behavior and not the personal characteristics of the tenants.

In other words, just like at hotels and on airplanes, there are clearly nonsmoking areas but individuals that participate in the personal behavior of smoking are still allowed and the only limit is that they cannot smoke.

So I would think you would be fine as long as you make it clear that you have a nonsmoking policy and not get into questions of whether or not an individual is a smoker. I suggest you check out the Web site www.smokefreeapartments.org for more information.

This column on issues confronting tenants and landlords is written by property manager Robert Griswold, author of “Property Management for Dummies” and co-author of “Real Estate Investing for Dummies.” E-mail your questions to Rental Q&A at rgriswold.inman@retodayradio.com.

Questions should be brief and cannot be answered individually. What’s your opinion? Leave your comments below or send a letter to the editor. To contact the writer, click the byline at the top of the story.

Copyright 2008 Inman News

See Robert Griswold’s feature, Dead Landscaping to Cost Landlord Thousands.

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Tags: nonsmoking+policy, landlord+associations, apartment+owner+associations, real+estate+forms, tenant+background+checks, nonsmoking+apartments, smoke+free+apartments

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This entry was posted on Monday, December 22nd, 2008 at 9:12 am and is filed under AAOA Forum. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

1. AAOA - American Apartment Owners Association » Setting Rent in a Declining Market said at January 26th, 2009 at 8:23 am

   [...] byline at the top of the story.Copyright 2009 Inman News   See Robert Griswold’s featue, Is Non-Smoking Policy Illegal?   American Apartment Owners Association offers discounts on products and services related to [...]

2. AAOA - American Apartment Owners Association » The 10 Biggest Mistakes a Landlord Can Make said at April 13th, 2009 at 2:05 pm

   [...] Our property management expert, columnist Robert Griswold, has shared a wealth of information including Late Payments Becoming Major Headache, Setting Rent in a Declining Market, and Is Nonsmoking Policy Illegal?  [...]

3. Rita Turner said at April 14th, 2009 at 6:34 am

   Maryland landlords and tenants can also see our website for resources and info on smoke-free policies in their building. Mr. Griswold is right, that it is always better to target the behavior rather than the individual. Not only are smoke-free policies legal, but they can protect landlords from conflicts arising between tenants when smoke drifts from one unit into others. Just as landlords are free to regulate noise, pets, and other potential nuisances, they can regulate smoking. Thank you, Mr. Griswold for bringing some attention this issue.

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