In 1992, the Michigan Attorney General issued a legal
opinion about the legality of instituting smoke-free policies in
Here is what you need to know:
||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.
||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
If you are having a discussion with your landlord, it
can be helpful to share the entire Michigan Attorney General's opinion
with your landlord.
You can also read an analysis of the authority of
Housing Authorities and Section 8 multiunit housing owners to adopt
smoke-free policies in their residential units.