Landlords say no-smoking rule is legal

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Q: I work in a major university's housing referral office where we work with local landlords who want to offer housing options to our students. Recently a landlord came in to the rental office and wanted to list a house for rent with the stipulation of no smoking in the house or that only nonsmokers would be allowed in his rental house. Is this legal? What are the laws on smoking in a rented house, condo or apartment? A: There is a growing trend in our country of landlords seeking to restrict or limit smoking in their rental units. There are many economic benefits to the landlord, plus individuals in the rental market are insisting that they not have to live next to individuals who smoke. Longtime readers of this column can likely recall that a common question concerns the rights of nonsmokers who have smokers in adjacent rental units and the smoke seeps into their rental unit through cracks and crevices or the air conditioning systems or they have to live with their windo...