janie
Lv 7
janie asked in Politics & GovernmentLaw & Ethics · 1 decade ago

if there is a sign in our apartment hallway that says it is illegal 2 smoke their as Ohio has a no smoking law

and I finally told a neighbor whose cigarette smoke was really bothering me when I was at her apartment in a nice way I would have to limit contact as I had a severe allergy to cigarette smoke as it once threw me into the hospital with chest pains and I spent the two night in total pain from sinus headache, congestion, snorting and in great misery the last three times (and there were a number of reasons I am trying to limit contact with her among them she once told everyone in my building I was sleeping with my brother and hen someone told me profusely apologized claiming she heard that before she moved in (no one knew me then and no men are in my apartment), extremely gossips and badmouths her former building friends telling me very personal an negative things about them trying to get me to dislike them as she hates them, got two residents kicked out and scares me as she is intimidating and told me "you don't want to mess with me as I am smart", tries to do you favors (she did this for

Update:

for her former building friends and then told everyone they used her), and she made crazy statements about having prophecies her friends were going to stab her in the back and that God sent her dreams that her husband who went to work one day and never came back for three years was going to show up at her door begging her forgiveness and the final straw, I now think and so did several people I talked to about her behavior that she is a pain pill addict, so I want to avoid her as much as possible without ticking her off or becoming an enemy..anyway...I told her in a note about my allergies (which I mentioned before but she ignored or I did not fully express had bad they were), so today she kept her door (3 feet from my front door) open (a habit she has but has not done for 5 weeks due to hall being cold, all day and the smoke smell keep coming into my apartment..it never did that before and I feel she was either smoking right by her door or I would not put it past her to blow smoke the

Update 2:

through the cracks as their is a gap between the door...

Is there anyway I can get the apartment manger to get her to keep her door closed when she smokes since there is a sign in the hall, do not smoke it is against the law...or would that not be right or would it make this person hate me and take some other kind of revenge..I cannot move for two years..should I just suffer from the smoke allergy or mention it to the apartment manager.

5 Answers

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  • 1 decade ago
    Favorite Answer

    since the law forbids outside patios from being where smoke can drift through doors or window into smoke free areas, it

    may take a lawsuit to set a precedent.

    However, you are required under 3794.02(B) to “ensure” tobacco smoke does not enter any area in which smoking is prohibited under this Chapter including entrances, windows, ventilation systems, or other means. From this we can begin to see some distance away from every ingress, egress, doorway, ventilation air intake, etc. will be part of the regulations promulgated by the Health Department so for now we can at least be certain smoking should not occur immediately around doorways, windows or ventilation system air intake areas, how far away smoking must occur from these items is unknown.

    If windows or doors from any part of the partition between the enclosed area and the outdoor patio, the opening should be closed to prevent the migration of smoke. If windows or doors do not prevent the migration of smoke in an enclosed area then the outdoor patio is considered an extension of the enclosed area and is subject to the smoking ban. Thus, if the rental office wanted to create a “smoking patio” it would have to be set up in such a way that smoke could not migrate through doors or windows back into the office.

    here above is how that is stated under the ohio revised code

    .

    But you may super-cede the Ohio law by complaining/suing the federal fair housing act or Americans with disabilities act ..

    Americans with Disabilities Act. Title III of the Americans with Disabilities Act protects disabled individuals who are eligible to receive service or participate in programs or activities provided by a public accommodation or commercial facility. Under the ADA,an individual is "disabled" if he or she has a physical or mental impairment that 1) substantially limits a major life activity,such as breathing,walking or working,2) has a record of such an impairment,or 3) is regarded as having such an impairment. While Title III does not apply strictly to residential facilities,it does cover places of public accommodation within residential facilities if the use of such places is not limited exclusively to owners,residents and their guests. If a portion of a residential facility is open to the public,the protections and legal avenues provided by the ADA apply. Such locations include,for example,rental offices,pool areas or exercise facilities where memberships are sold to the general public and party rooms that may be rented to the public.

    read this'''• Non-smokers with serious breathing disabilities or smoke allergies have legal protection under the Americans with Disabilities Act, the federal Fair Housing Act, and the Maine Human Rights Act. If secondhand smoke seriously affects your ability to breathe, consult a doctor to have your condition documented.

    If this is hud housing, here is a quote.. THE FEDERAL FAIR HOUSING ACT AND THE PROTECTION OF PERSONS WHO ARE DISABLED BY SECONDHAND SMOKE

    The federal Fair Housing Act (FHA) prohibits housing discrimination based on race, color, religion, sex, family status, national origin, or disability. The FHA, among other things, prohibits discrimination against people with disabilities, including those with severe breathing problems which are exacerbated by secondhand smoke. The FHA prohibits such discrimination by owners and operators of most housing, including most apartments and Section 8 and other HUD-assisted housing. The FHA is also available to residents in condominiums with more than four (4) units. It is clear from the language of the FHA, its interpretation by HUD General Counsel, and court decisions, that the FHA is available to people with breathing disabilities to seek reasonable accommodations from owners and operators of most housing in the United States in order to address the serious health hazards posed by secondhand smoke which infiltrates their housing. A detailed analysis of this issue by the Office of the General Counsel of the U.S. Department of Housing and Urban Development (HUD) was prepared in 1992 and is still in effect; a copy may be accessed from the HUD site by clicking here. For a link to HUD's online complaint form which can be filed directly, click here. For a link to download the HUD complaint form, in pdf format, so that it can be sent to a HUD office, click here. To access an analysis by SFELP of the FHA and how it can be used to protect persons who have breathing disabilities which are caused or exacerbated by secondhand smoke in their housing situations, click here.

    ANALYSIS OF THE AUTHORITY OF HOUSING AUTHORITIES AND SECTION 8 MULTIUNIT HOUSING OWNERS TO ADOPT SMOKE-FREE POLICIES IN THEIR RESIDENTIAL UNITS

    In response to inquiries the Smoke-Free Environments Law Project (SFELP) has received from public housing managers, owners of section 8 housing and tenants across the country about the legality of adopting smoke-free policies in publicly-assisted residential rental units, this analysis has been prepared by SFELP Consulting Attorney Susan Schoenmarklin. "Section 8" housing is a federal program that provides rent subsidies for low-income and elderly tenants. The tenants live in privately-owned housing, rather than in public housing. Public housing developments are managed by local housing authorities, who are under the jurisdiction of regional offices of the U.S. Department of Housing and Urban Development. Based on extensive research of federal and state law and cases nationwide, we conclude unequivocally that a ban on smoking for new tenants who move into public or section 8 housing is permissible in all 50 states. There are no federal or state laws that prohibit property owners from offering smoke-free rentals, and no constitutional protections for smokers. As one state court said, "There is no more a fundamental right to smoke cigarettes than there is to shoot up or snort heroin or run a red light." Additionally, we have received inquiries about the legality of applying a smoke-free policy to all tenants of public or section 8 housing at the time of annual review or renewal of the lease or during the term of the lease, with adequate notice. This smoke-free policy would apply not only to incoming tenants, but to those currently residing in the complex. After careful review of HUD regulations and consultation with HUD officials, SFELP has determined that it is permissible to change to smoke free at the time of lease renewal or during the term of the lease, if legally adequate notice is provided. Either of these approaches is easier to administer and provides greater health protections for tenants than delaying change until tenants move or die. To access this 9-page analysis, click here.

    HUD LEGAL COUNSEL OPINION: LANDLORDS ARE FREE TO MAKE APARTMENTS TOTALLY SMOKE-FREE

    At the request of the Smoke-Free Environments Law Project, the Chief Counsel of the Housing & Urban Development (HUD) field office in Detroit issued an opinion on July 18, 2003 in which she stated that: "Currently, there is no HUD policy, by statute, regulation, handbook or otherwise that restricts landlords from adopting a prohibition of smoking in common areas or in individual units." The opinion goes on to state that there is nothing in federal law, including the federal Fair Housing Act (see SFELP analysis of the FHA above), or in Michigan law (see Michigan AG Opinion below) which prevents a landlord from making some or all of his/her apartment units smoke-free. The opinion states: "Similar to Michigan law, federal law does not prohibit the separation of smoking and non-smoking tenants in privately owned apartment complexes and in fact, does not prohibit a private owner of an apartment complex from refusing to rent to smokers." The only caveats to this policy which the opinion lists are: 1) if the apartment owner wishes to make the policy a condition of the lease, HUD approval is necessary to the extent that the owner is bound to utilize HUD's model lease; and 2) "if owners seek to make their complexes smoke-free they must take caution to grandfather in those smoking residents currently residing at the complex." To access this opinion, click here for page 1 and click here for page 2.

    Source(s): here is one resource ..this was also found through searching various sites http://www.smokefreeforme.org/tenant.php?page=Lega...
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  • 1 decade ago

    You say you cannot move for two years. Is this because of a lease? If so, you have a right to break the lease because of the smoke which is making you sick. Your landlord/manager has an obligation to keep the rental property safe and habitable. The situation you describe is not safe and habitable due to the smoke which has been officially declared by the US Surgeon General, the Environmental Protection Agency and all other reputable medical experts to be a dangerous substance that causes serious illness in healthy nonsmokers. In addition, if you have severe respiratory allegies or smoke sensitivity, bad enough to be hospitalised and lose time from work, you could be considered disabled for Fair Housing purposes. Under the Fair Housing Act, you would then be entitiled to Reasonable Accomodations in your rental housing. In your case, that could mean moving either you or the smoker to another unit, declaring the area around your unit or your entire building smokefree, or any other way the landlord/manager can find to provide you with a smokefree environment. You can also sue your landlord if you are seriously harmed by smoke in your rental housing. These days hospitals only admit people(as opposed to outpatient treatment) if their condition is very serious. So you might have grounds for a lawsuit.

    You should tell your manager about the problem with the smoke in writing and submit a letter from your doctor confirming that it is medically necessary for you to live in a smokefree environment at all times. You can also provide copies of your medical and hospital records to impress upon the manager the seriousness of this matter. However, you should focus only on the the issue of the smoke and how it is dangerous to you health. Do not mention other things about this tenant, your personal feelings about her or other things you spoke of here. This is a simple matter of something in your environment(the smoke) that is making you ill and needs to be remedied. Also, if the hallway is smokefree by law, then tenants are probably required by law to keep their doors closed at all times to prevent the smoke from entering the hallway. I recommend avoiding contact with this tenant and dealing only with the manager.

    Source(s): US Surgeon General's 2006 Report on Secondhand Smoke, Environmental Protection Agency, US Department of Justice
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  • 1 decade ago

    As far as i know, that is the law. When you live in an apartment building, you have to keep doors closed. At least it is in Michigan. And Ohio is much more strict, so I think that you can report her. Don't take her crap, you have just as much of a right to be there then she does. I told you last night that you need to get a back bone and don't let anybody tell you any different. You are a human being and have rights just like anyone else does. She is a lonely woman so she has to do something to fulfil her lonliness. Which is very sad. But some people just don't get it. Good Luck and God Bless

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  • Anonymous
    1 decade ago

    You should send the apartment manager a certified letter stating the problem and request that they solve it within 30 days, if they refuse then they are in violation of the lease and you can move when you want to.

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  • Anonymous
    4 years ago

    Wow you all would move?? That takes a ton of time. Why should ANYONE have to move because of someone else. If I'm forced to move because of someone else ruining my peace I'm coming to get you. Believe that lol

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