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In 1992, the Michigan Attorney General issued a legal
opinion about the legality of instituting smoke-free policies in
apartment buildings.
Key factors you need to be aware of include:
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Neither state nor
federal law prohibits a privately owned apartment complex from renting
only to non-smokers or, in the alternative, restricting smokers to
certain buildings within an apartment complex.
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Michigan and federal
civil rights laws prohibit discrimination in real estate transactions,
but this does not extend to whether an individual is a smoker or not;
that is, having a smoke-free apartment policy is not a form of
discrimination. |
Download the entire opinion from the Michigan
Attorney General.
Also, find out more about the opinion of the Detroit
field office of HUD on the
legality of smoke-free apartments.
Download an analysis of the authority of
Housing Authorities and Section 8 multiunit housing owners to adopt
smoke-free policies in their residential units.
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