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-   -   Smoking outside of rental homes/refused for being a smoker (https://www.askmehelpdesk.com/showthread.php?t=337611)

  • Apr 3, 2009, 10:04 PM
    MatKay
    Smoking outside of rental homes/refused for being a smoker
    I was recently denied renting a home because one of my roommates smelled faintly like smoke when we interviewed (he had smoked on the way over in his smoker friend's car). He said nothing at the time, but when I met up with him for the second time to turn in my application, he told me that because my roommate smokes, he will not rent to us. And I told the landlord that I live with this person now, and he never smokes inside and I wouldn't allow it because I do not smoke. I also said that we could have that roommate just not smoke by the doors to the house, to avoid smoke from entering the home. Even further, I said we could have him smoke by his car and not on the porch. However, the landlord still refused to rent to us. Is this okay?

    Can you really be refused on the grounds of being a smoker?

    (I would totally agree to pay the cleaning fees if it turns out smoke got in the home, but if that's not the case because the smoking would be done outside, then I don't understand. Because, like with a business, you could just make a rule not to smoke within so many feet of the home. Because you can't ban no smoking by other people on the street/neighbors from smoking by your home, so why can you ban tenants?) I am having a hard time with this rule, can someone help clarify?
  • Apr 4, 2009, 06:36 AM
    excon
    Quote:

    Originally Posted by MatKay View Post
    Because you can't ban no smoking by other people on the street/neighbors from smoking by your home, so why can you ban tenants?) I am having a hard time with this rule, can someone help clarify?

    Hello Mat:

    Sure...

    A business can NOT discriminate against certain protected classes of people, such as ethnic minorities, disabled people, single women and the like... Smokers are NOT in a protected class.

    excon
  • Apr 4, 2009, 07:13 AM
    Fr_Chuck

    Of course they may refuse to rent to you for being a smoker, the fact is they don't believe he won't do it in the house.

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