HAVE A SMOKE? In Many Rental Apartments in Chicago, Illinois, Elsewhere - NO!
AS OF 2008, 2,671 MUNICIPALITIES, AND 23 STATES, HAVE SMOKING BANS OR RESTRICTIONS!
As a smoker, can you legally be prohibited from lighting up in your own apartment? The answer - yes, depending on local and state laws, and the terms of your apartment lease.
Effective January 1 of this year, the State of Illinois "Smoke Free Illinois" act took effect, prohibiting smoking in all public buildings, restaurants, bars, and sports facilities. Although smoking is not prohibited in one's home or apartment, it is legal for a landlord to include a lease provision prohibiting smoking by the tenant, his family, and guests in their rental apartment.
Fair Housing Laws in the U.S. do not include those who smoke as a "Protected Class," so enforcing a smoking ban is not considered discrimination, in much the same way a landlord can prohibit pets and pet owners from apartments they rent. In order for a ban to be enforced in a rental apartment, here in Illinois and across Chicago, the smoking prohibition must be written into the apartment lease.
I own half a dozen condo apartments that I keep for investment and rent out to tenants here in the City of Chicago, in the Northside Neighborhoods of Albany Park, Ravenswood, Lincoln Square, and Rogers Park. For each of these, I have written a Prohibition on smokers into my leases since 1997, without ill effect. In each of these buildings, condo by-laws already prohibit smoking in the hallways and common areas of the building. New Illinois law prohibits smoking within 15 feet of a building's entrance as well.
As a landlord, I find smoke-free apartments are cleaner at lease end, and are easier to re-rent. These days, even smokers know when they enter a room where smoking is allowed.
The push for smoke-free living spaces may be growing. Last December, in Calabassas CA, the City council introduced an ordinance requiring that 80% of the apartments in town be designated as "No Smoking" by January, 2012. New leases after for non-smoking units will require the clause, "smoking is prohibited in the unit, and it is a material breach of lease to violate the terms of the city ordinance," potentially enforceable by eviction.
Smokers - the laws are changing! Stay tuned - and, perhaps, consider your quitting options!
See Helene Lesel's article in The Chicago Tribune Your Place Section, January 17, 2008.
DEAN & DEAN'S TEAM CHICAGO
