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Maverick, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6391
Experience:  20 years experience as a civil trial and appellate lawyer
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A retirement senior citizens building which has been a smoke

Customer Question

A retirement senior citizens building which has been a smoke free residence on the inside but a smoking area on the outside which the handicapped smokers went to everyday was as of June 1, 2016 the Board of the building which are not residents of the building decided to make it a smoke free grounds and send the disabled residents across the street off the grounds in the hot sun in a parking lot and some of these residents are on walkers and electric carts. do these residents have any rights to fall back on. The area they were using as a smoking area was out of the way of non smoking residents and is now an abandoned area.
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  retireddebra replied 11 months ago.
I'm sorry to hear of this very difficult situation.I do have a few questions that I need answers to before I can provide an answer to you.Can you please let me know what province you are in?Is this a condo or an apartment building?Are these owners or tenants?
Customer: replied 11 months ago.
Muskogee,Ok. It is a non-profit apartment building not residential owned. residents are tenants.
Expert:  retireddebra replied 11 months ago.
Are you saying this is in the US?
Customer: replied 11 months ago.
Expert:  retireddebra replied 11 months ago.

This question is on the Canada law list. I will ask the site to move this question over to the US law list.

Expert:  Maverick replied 11 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 11 months ago.

Under the Fair Housing Act, the management has a right to ban smoking in all common areas connected to the building. So, you are on the right track by trying to get a petition together and send it to the board directly if you have to. The problem is that even if one resident complains that his health is being affected by a permitted smoking area closer to the building, it can open up the apartment complex to a lawsuit. So, this is why a recent policy change may have occurred.

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