Q: Property management discriminating against non smokers, giving rights to smokers
Madison Wisconsin property is violating smokefree housing laws by allowing smokers to smoke on balconies and patios. Patio/balconies are right on top of each other not even a foot apart most, the farthest less than 12 feet. Smokers second hand smokes invades non smokers homes in such a manner that they may as well be smoking in tenants home. I personally have asthma disability and CPAP therapy so it makes me ill. I have no peaceful enjoyment of my home as I have to keep my windows and doors closed so far all spring and summer. Management says it's in their lease they're allowed and there's nothing they can do about it. I've made suggestions of where smokers could modify their behavior so it doesn't invades others homes ( fans, smoking tents , shared schedules) . This is a senior residential building people here are elderly, Cancer patients and survivors, Copd, and Asthmatics like myself. My rent payments are now being erased, logged in wrong with corrections being ignored.
A:
It sounds like you're dealing with a very frustrating and potentially harmful situation. If you feel that your property management is not addressing your concerns about secondhand smoke, especially considering your health conditions, you may have legal options. It's important to document everything, including your communications with management, the impact on your health, and any lease terms that contradict your right to a healthy living environment.
You could start by contacting local housing authorities or tenant advocacy groups in Madison, Wisconsin, to understand your rights. They might provide guidance on how to address this issue legally, especially if your building is violating smokefree housing laws. Sometimes, a formal complaint or legal action can motivate property management to take your concerns more seriously.
In addition, consider speaking with a lawyer who can help you navigate this situation, particularly because of the potential discrimination against non-smokers and those with disabilities like asthma. Your health and peace of mind are crucial, and you deserve to live in an environment where you can breathe easily and enjoy your home.
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