Jury finds heavy smoking to be grounds for eviction

The Boston Globe ^ | By Ralph Ranalli and Jonathan Saltzman | June 16, 2005

[Boston Blackie]

In a case that tobacco law specialists say is one of the first of its kind in the nation, a Boston Housing Court jury ruled that a South Boston couple could be evicted from their rented water-view loft for heavy smoking, even though smoking was allowed in their lease.

The landlord who rented the Sleeper Street unit to Erin Carey and Ted Baar ordered them out within a week last November, after neighbors complained of the smoke odors filtering into their apartments.

[theDentist]

That is effing ridiculous, especially since it was allowed by their lease.

[clee1]

One day soon, every smoker will have to smoke withing a positive-pressure, super filtering booth to avoid offending someone or breaking a law.

[Dallas59]

Smoking is allowed but only 2 cigarettes per person per hour...

[1stFreedom]

Really? I live in an apartment above a heavy smoker, and it simply rises into my apartment. I have asthma, and it's certainly makes me ill.

In addition, my apartment smells like I am a heavy smoker.

Now you tell me, since I don't choose to smoke, what the solution is?

It's either 1. He goes, or 2. The landlord releases me from my lease.

Remember, your rights stop where my body begins. In this case you could say your rights stop where your apartment walls end, and if your actions go beyond your walls, then you are subject to eviction, etc.

[HEY4QDEMS]

ncluding a ventilation unit patched together with duct tape

Duhhhh I wonder why they call it "duct" tape?

[jocon307]

you're going to love this one!

[cracker]

Article says:

"the jury found that the couple's heavy smoking violated a more general clause banning 'any nuisance; any offensive noise, odor or fumes; or any hazard to health.' "

The smoke and odor were invading the neighboring apartments. When I rent an apartment I like it to be free of my neighbors' noxious odors. It's like loud music or other noises: you can make noise, but not so much that you disturb the neighbors. These smokers could smoke, but not so much that they disturb the neighbors.

[spudsmaki]

This is the next front for the smoking nazis. The latest public service ad is sponsored by mysmokefreeapartment.com . It's a way for tenants to petition the building owner to make it smoke free. That is, to throw out the smokers ala the restaurants.

The only good thing about the link is that it's dead.

[Publius6961]

Did clear definition of "Heavy Smoking" come out of this enlightened decision?

[theDentist]

Agreed. This is the precedent-setter that the Smoking Nazis have been praying for.

[Boston Blackie]

Remember, your rights stop where my body begins. In this case you could say your rights stop where your apartment walls end, and if your actions go beyond your walls, then you are subject to eviction, etc.

Reminds me of a battle my brother-in-law had in his condo in Florida....neighbor complaining about the aroma of garlic when my brother-in-law made spaghetti sauce. The neighbor wanted 'ethnic' cooking banned in the entire complex.

[tomakaze]

re:Now you tell me, since I don't choose to smoke, what the solution is?
 
suck it up and buy a house if it bothers you that bad. Apartment living has always been a pain in the arse.
too much farging whining these days.

[HEY4QDEMS]

I think you mean Negative pressure.

[nothingnew]

PUFF

FMCDH(BITS)

[HEY4QDEMS]

The difference is that garlic is arguably good for you and smoke is not.

[snarks_when_bored]

The lease should have said no smoking allowed. That being said, smokers don't just impact their own insides; their smoke diffuses into the surrounding atmosphere, and then seeps through cracks in walls and through ductwork until it lends an odor to an entire building. Suppose that cigarette smoke smelled like hydrogen sulfide (rotten eggs); would defenders of indoor smoking be as likely to defend it then? Probably not. To some of us, the smell of cigarette smoke, even at a distance, is almost as offensive as the smell of rotten eggs.

[SheLion]

you're going to love this one!

Oh I'm sure. LOL!  The smoking threads sure bring out the CINO's.

[clee1]

Yup. Oops....

[SheLion]