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Understanding your legal rights - and the legal rights
of smokers - is the first step to making smoke-free changes to the
apartment building where you live.
Here are some important things you should know:
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Smoke-free apartment
policies are permitted under federal and Michigan laws.
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It is important to note
that smokers are not a protected legal class, i.e., there
is
no "right to smoke" under law.
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Some Michigan counties
and localities now have laws that prohibit smoking in common areas of
apartment buildings, such as hallways, laundry rooms, recreation/common
rooms, near entrances, and similar types of areas.
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Laws do exist that you
can use to assert your rights to a smoke-free apartment.
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Non-smokers with serious
breathing disabilities or smoke allergies have legal protection under
the Americans with Disabilities Act and the Fair Housing Act. If
secondhand smoke seriously affects your ability to breathe, consult a
doctor to have your condition documented.
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If your landlord decides
to change or convert the entire building or just some units or portions
of the building into a smoke-free policy, they must take caution to
grandfather in those smoking residents currently residing at the
complex until such time as the smoking policy can be legally changed
under the terms of the lease/rental agreement and Michigan law, such as
at the time of lease renewal. |
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