QUESTION

Can they make a rule prohibiting me from smoking in my apartment?

Asked on May 22nd, 2014 on Landlord and Tenant Law - Nevada
More details to this question:
I live in a HUD property run by another company and they want to change a rule to say we may no longer smoke in our apartments. Can they do that?
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1 ANSWER

Yes, it is legal to restrict or eliminate smoking in individual units and common areas of multi-housing developments. Landlords have legal rights to set limits on how a tenant may use a rental property. For example, they may decide whether tenants are allowed to have pets and the hours the pool is open. A "no smoking" policy is similar to a "no pet" restriction in the lease or pool hours in the common area. It is important to note that a landlord is not unlawfully discriminating against smoking tenants or violating a smoker's fundamental right to privacy when banning smoking in common areas or individual units. Claims to the contrary have no legal basis. There is no law that prohibits designating areas or individual apartment homes as smoke-free (NRS 202, 118, and 207). People who smoke are not protected by state or federal anti-discrimination laws, nor are they considered disabled under state or federal disability rights laws. An argument commonly heard is that an individual has a "right to smoke"- when in fact, there is no constitutional or other legal right to smoke.
Answered on May 27th, 2014 at 6:15 PM

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