Is it discrimination if I allow a new tenant to smoke inside the apartment, but not 2 other existing tenants?
We have a four-unit building. One tenant has been there for 11 years and has always smoked in his 1-bedroom unit. Another couple has been there for a year, and has always chosen to smoke outside. It states in their lease that they are not allowed to smoke inside. Another tenant, who has only been living there for a few months, is also not allowed to smoke in her apartment according to the lease, but she probably would if she was allowed.
My question is, we found a great new tenant and we are going to allow her to smoke in the building. At first, I thought I should call the other tenants and tell them they were now allowed, also. But is this necessary?
Couldn't I say that the "no smoking" rule was unit specific? Or should I just play it safe and say that everyone's allowed?
Answers:
Well, first of all, you haven't been enforcing the rule for one tenant for 11 years. Secondly, why would you want to keep enforcing the rule for the other two if you're already letting half the building smoke inside? I don't know if you'd have any legal issues, since you are probably free to set whatever rules you want, by why bother at this point?
I'm just amazed in this day and age that you were able to fill four units with smokers.
You have to be consistent with all the tenants. If a rule applies to one, it must apply to all. If you will allow the new tenant, you have to inform the existing tenants and tell them of the change in policy or you will be accused of discrimination.
Very much so.. he must be doing something to get that privialage... you have to have equal fairness in your rental facilities and there is laws that will hold you and them to what your doing so know your rights as landlord and know their rights as tenants... ever watched THE TENANTS you should rent it... may turn into that for ya god willing not!
You are bound by the lease agreement signed. It should be enforced equally for all your tenants. If you want to waive the smoking rule-- you should change it in your lease agreement and let everyone smoke. You can't just pick and choose who can and cannot smoke and where they can or cannot smoke. Telling your tenants verbally is not good enough. They may take you to court. You should provide a revision in the lease agreement with all tenants and have them sign the new revised version to protect yourself as a landlord.
It's all or nothing. It isn't fair to allow some tenants to smoke in their apartments and not allow others. You need to stand by your policy, one way or the other, or it will come back to haunt you, possibly in the form of a lawsuit, later on. Not to mention that it's just not ethical.
I think you can do whatever you want with your own property. That would not be discrimination.
Fair Housing laws do NOT include the right to smoke. It is not discriminatory in any way to allow one tenant to smoke and not another. You cannot discriminate based on race, creed, color, sex...things of that nature. If you want to allow someone to smoke, you can do so. There is also no law that says each tenant has to have the same terms in a lease. You can allow someone to have a certain size dog, and not allow someone else to. For instance, if the carpeting is new, you can forbid dogs or pets in that unit, and allow them in others that have not been renovated.
If all terms had to be the same, you would never be allowed to raise rent or make exceptions for special circumstances. If this "great tenant" is that, and you are not discriminating in favor of this tenant for any of the obvious reasons, your other tenants have no claim against you. There is no right to smoke in someone else's property.
On a different note, why is this tenant so great that she is allowed to smoke though? If your concern is that you dont want your property to smell that way, why would you want one unit to do so? I mean, you own the property long term. Not only for the term of this one tenant.
You need to be consistent across the board with your new tenants or you open yourself up for headaches down the road. You can easily get by with the 11 year tenant smoking by saying he is being grandfathered in with the new policy and since he has always been allowed to smoke you are not going to force him not to after 11 years.
But, if you are deciding that all new tenants are going to be able to smoke you need to be consistent with that or you need to remove that clause from your other tenants' leases and allow them to smoke as well.
Well when your building burns down because someone fell asleep in their bed with a lit cigarette and people burn to death because someone else was smoking in their apartment see if you still feel the same way about allowing smoking. I think if people want to smoke they should go outside, or you provide them with a safe area where they can. My landlord said to me I can smoke in the apartment if I want to, but I choose to smoke outside as it makes the place smell and all the paint go yellow and stinks up the clothes. I know the risks and dangers of smoking but that's my choice. I just take into consideration my partner who does not smoke I don't want to be responsible for someone getting sick from my second hand smoke. You make the right decision not based on fairness, which could be enforced by law, but by wisdom taking all the facts into consideration. Think back why you made it a non smoking place in the first instance. Good luck...sorry to harp on.
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