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Michigan Attorney General Opinion

In 1992, the Michigan Attorney General issued a legal opinion about the legality of instituting smoke-free policies in apartment buildings.

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 discrimination.

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.