Why Are Smokefree Apartment Buildings Legal?
"As a general rule, property owners are permitted to impose
restrictions on their tenants unless those
restrictions violate existing laws or are discriminatory. A smokefree
policy is no different than a no pet,
no loud music, or any other policy that protects other tenant's
well-being or landlord's property.
Common law generally affords the owner with a right (and in some
cases, obligation) to protect other
tenants and the owner's property."
David Ezra, Attorney-at-Law, Orange County
" If you decide to adopt a smokefree policy for your apartment
building, be assured that this is not
prohibited by law. A smokefree policy remains part of the inherent
rights of one who owns property, and
should be viewed as preserving the value of your property and a
protection of your tenants (residents)."
Jay R. Petterson, Los Angeles County Real Estate Attorney
and former U.S. Magistrate Judge
_______________________________________________________________________
BREATH, A Statewide Project of the AMERICAN LUNG
ASSOCIATION of the East Bay
5495 Carlson Dr., Suite D
Sacramento, CA 95819
PH:916-739-8925 Fax: 916-739-8927
Email: breath@jps.net Web: www.breath-ala.org
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