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| Re: Screening against smokers |
| Posted by: jmm |
| Date: June 18, 2005 11:52:04 AM |
| Smokers are not a protect class under fair housing laws. However, you will need to apply the rules identically to all applicants in order to avoid possible claims of discrimination.
Since you will be unable to continuously monitor tenants, your best protection against violations of no smoking policy is to include detailed discussion of the penalties for damages caused by smoking. Make it clear that smoking in the unit will result in charges for removing odors and correcting smoke damage (including possible repainting and/or window covering replacement at tenants' expense), cigarett burns. The lease should porovide for termination of the lease if an inspection shows that smoking has occurred. |
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| Re: Screening against smokers |
| Posted by: Cvillecpm |
| Date: August 14, 2005 12:42:58 AM |
| The best way to screen for smokers is to ask if they smoke on your application and then while showing them your rental unit, walk them to THEIR car and check their ashtrays. Most smokers, once outside, will light up automatically but checking their car is the easiest "verification". |
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