Fair Housing and ADA Protections
Important facts about the Fair Housing Act as it applies to your role as a housing provider:
Americans with Disabilities Act. Non-smoking tenants who are afflicted with breathing disorders may use the Americans with Disabilities Act, Vermont Fair Housing Law or the federal Fair Housing Act to bring legal action against landlords for not making reasonable accommodations to protect tenants from secondhand smoke exposure.
Common Law Theories. There are ways tenants may bring legal action under what is called "common law" against a landlord or tenants who smoke. These theories include: breach of covenant of quiet enjoyment, negligence, nuisance, breach of warranty of habitability, battery, intentional infliction of emotional distress, trespass, and constructive eviction.
The information and materials contained on this website are for informational purposes only and are not offered,
or intended to be, and should not be construed to be legal advice nor to be a substitute for obtaining
legal advice from a licensed attorney.
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