Is terminating a tenant for smoking a fair housing violation?

The assertion that terminating a tenant for smoking does not constitute a fair housing violation is aligned with the understanding that smoking status is not a protected characteristic under federal fair housing laws. These laws specifically prohibit discrimination based on race, color, religion, sex, national origin, familial status, and disability. However, smoking is not included in these categories, meaning that landlords have the right to enforce policies related to smoking in their properties.

It is also worth noting that many landlords choose to implement no-smoking policies not only for health and safety reasons but also to maintain the condition of their properties. When tenants agree to such policies, they are bound to comply. Thus, terminating a lease based on violations of a no-smoking agreement is consistent with the right of landlords to establish and enforce reasonable rules that contribute to the overall well-being of their property and tenants.

In contrast, options suggesting that such termination could be discriminatory or infringe upon tenant rights overlook the particular legal framework surrounding fair housing. The absence of protections for smokers under fair housing laws supports the conclusion that landlords have the authority to take action against tenants who violate smoking policies.