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Landlords can ban secondhand smoke; nonsmoking tenants have rights.

When seniors complain to their landlords about secondhand smoke, the landlords usually respond by saying their hands are tied. But that response is not true, says James Bergman, co-director of The Center for Social Gerontology. According to Bergman, any landlord who wants to can refuse to rent to smokers.

In a letter to Bergman dated July 18, 2003, Sheila Walker, chief counsel at the Department of Housing and Urban Development, said landlords can refuse to rent to smokers without violating either the Federal Fair Housing Act or the Civil Rights Act of 1964.

The only catch: Existing tenants who smoke must be grandfathered in. But when they move out, landlords can put a ...

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