If you’re a nonsmoker with a breathing disability, if you are allergic to cigarette smoke, or if exposure to secondhand smoke seriously affects your ability to breathe, you may be legally protected by the Americans with Disabilities Act (ADA) and/or the Fair Housing Act (FHA).

You can file a complaint against a property manager or owner who does not try to accommodate you and protect you from exposure to secondhand smoke in hallways, common areas, or your apartment. You should consult a doctor to document your condition before filing a complaint.

You can file a complaint with the United States Department of Housing and Urban Development (HUD). HUD will work with your property manager or owner to reach an agreement that will protect you and the public interest.

1988 Federal Fair Housing Act

• The FHA prohibits housing discrimination based on race, color, religion, sex, family status, national origin, or disability.
• The FHA prohibits discrimination against people with disabilities, including those with severe breathing problems.
• The FHA allows people with breathing disabilities to seek reasonable accommodations from owners and operators of most housing in the United States in order to address the serious health hazards posed by secondhand smoke.

Additional Information

• Download the HUD Complaint Form • Learn more about FHA and secondhand smoke