FACTS:                    

After the tenant took occupancy of the apartment, the landlord discovered that the tenant smokes cigarettes inside.  The landlord is fine with the tenant smoking as long as it is in a designated area of the complex.

ISSUE:                      

Is the landlord violating the fair housing act if they require the tenant to only smoke in designated areas?

ANSWER:                

See discussion.

DISCUSSION:         

There is no “right to smoke” under any U.S. law.  Smoke-free apartment policies are legal and permitted under Arizona law.   In fact, Smoke-Free Arizona Act (A.R.S. § 36-601.01) requires the enclosed common areas of apartment properties to be smoke-free.  Smoking is prohibited inside and within 20 feet of entrances, open windows, and ventilation systems of enclosed common areas of multi-family housing such as the main office, laundry room, fitness center, activity center, or clubhouse.  Because smokers are not a protected class, the landlord is not discriminating against the tenant under the Fair Housing Act.