If smoking is otherwise allowed in your association, you do not need to ban it as a reasonable accommodation for a person with asthma.
Phyllis Davis suffers from asthma but lives in a condominium complex that allows residents to smoke in their units. Davis claimed that the smoke from a neighboring unit aggravated her asthma. Davis is a cancer survivor with “a history of asthma and multiple chemical sensitivity disorder.” When the association didn’t ban smoking in her building she sued alleging that the association had discriminated against her by not granting her reasonable accommodation request to ban smoking in her building thereby violating the Fair Housing Act because of her disability. Davis also alleged a nuisance claim under the bylaws.
Continue Reading Must Your Association Ban Smoking as a Reasonable Accommodation? NO