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Multi-unit matter has some people fired up

 
BY VALLERY BROWN | Published: April 25, 2009    Comment on this article Leave a comment

Lydia Green, an attorney and testing coordinator who works for the Metropolitan Fair Housing Association, said she understands that smokers often are forced to cower in corners to smoke.

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She said many times, nonsmokers have few options when they find themselves in smoke-filled apartments.

"You can’t really do anything about it unless you are disabled or have a health-related disorder,” she said.

Although federal and state laws offer a few protections, Green said there are no statutes or regulations specifically protecting nonsmokers.

"I think a lot of times, landlords think they are being discriminatory when they ban smoking or separate the housing, but smokers aren’t a protected class,” she said.

Warren Ortland, an attorney with the Minnesota-based Tobacco Law Center, said smoking is not a protected activity and owners can designate their property in any way.

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