I found this article today in reference to smokers in rental units and a new law implemented in Buffalo, New York. I found it especially timely since in the past week we have had two tenants that were moving from their current apartments due to smokers in their buildings. Both tenants were highly allergic to smoke and were told there were no smokers in the building.
In one case the lease required tenants to sign a non-smoking addendum. When the current tenant complained to the landlord that the new tenant that had recently moved in downstairs was a heavy smoker the Landlord requested she prove it with pictures and 2 witnesses! The tenant had resided in the building for over 3 years and felt it wasn’t her responsibility to enforce the owner’s lease and is moving out.
The smoking issue has really become a “hot button” for many of the tenants and owners we deal with. Most of our private Landlords request non-smoking tenants and it is well received by most of our customers. I don’t doubt similar laws like those in Buffalo & other cities will be in place nationally soon.
I have pasted the link to the article here.

