Smoking tenants battle landlord

Question: I am a smoker living in a 12-unit building. The woman upstairs complains that my cigarette smoke is coming into her unit and exacerbating her asthma, so the landlord is talking about making the building nonsmoking. I've lived here 10 years, but I'm on a month-to-month lease. Can he do this?

Tenants' attorney Kellman replies:

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