This is no way bad mouthing a lawyer, it’s about people being aware when it comes to seeking legal help. This week spoke with this lawyer about the landlord violated the Fair Housing Act by denying my reasonable accommodation to change their smoking policy to not allow tenants to smoke inside their... units. I have a qualified disability under the Fair Housing Act. Under the Fair Housing Act, housing providers cannot deny a reasonable accommodation. The only way the housing provider can deny a reasonable accommodation, if that reasonable accommodation poses a financial undue hardship and administrative burden, with that denial due to a financial undue hardship and administrative burden, the housing provider MUST provide an alternative accommodation. With that alternative accommodation offered by the housing provider, the tenant may reject if he/she feels it does not meet his or her needs. When considering a reasonable accommodation request, the housing provider should give primary consideration to the accommodation requested by the tenant or applicant because the individual with a disability is most familiar with his or her disability and is in the best position to determine what type of aid or service will be effective. Reasonable accommodation request under the Fair Housing Act, are changes in any rule, policy, practices, or services needed in order for a person with a disability to have equal opportunity to use and enjoy a dwelling.
The Fair Housing Act allows housing providers to incur cost for granting the reasonable accommodation, just as long as that cost does not pose a financial undue hardship and administrative burden. In my case, implementing a non-smoking policy will impose minimal additional costs, as creation of a non- smoking policy only requires amendment of leases and the housing provider plan, both of which may be done as part of the housing provider normal course of business. Additionally, enforcement of the policy will add minimal incremental costs, as housing provider already regularly inspect housing units and enforce lease provisions.
The above mentioned is the law and this is what this lawyer should have been aware of. She mentioned nothing what I just explained. The lawyer was explaining to me that the landlord has a contract with that tenant, that the lease allows tenants to smoke inside the units and the landlord cannot tell the tenants not to smoke inside the units and cannot break that contract. Also, she went on to explain a scenario about a person talking on their cell phone.
When the lease allows tenants to smoke inside the units and you have a tenant that have a disability under the Fair Housing Act and submitted their reasonable accommodation request asking the landlord to change the smoking policy that will not allow tenants to smoke inside the units and/or move that tenant to another unit, since the Fair Housing Act is the Federal law, it supersedes any local and state rules and regulations. Again, housing providers CANNOT deny a reasonable accommodation request, it’s the federal law.
In addition, Smoke-free policies are not about adopting a policy against smokers nor it’s discrimination. Smoke-free policies are legal, they do not violate resident’s privacy rights and do not discriminate against residents who smoke. People who smoke are not a protected class under the Fair Housing Act and do not have special legal status. Smoke-free policies are about where people smoke, not about whether they smoke, merely setting rules for activities permitted on the property. Again, this is the federal law.
People should be able to receive good legal help whether they are living in low-income housing or in a $500,000 home. If this lawyer did not want to take my case, all she had to do is be honest and tell me up front, instead of giving me incorrect information mentioning nothing about the Fair Housing Act. It is sad what people go through to find good legal help.