Q: Tenant dealing with secondhand smoke in a non-smoking building seeks advice.
I am a 75-year-old tenant of the Arlington Housing Authority. I've been complaining about a heavy tobacco smell in the hallway in front of my apartment since last July. My lease states that smokers in this non-smoking building will be evicted, yet despite my numerous emails to the landlord, I'm only told they are "working on it." My eyesight has changed due to constant smoke exposure, despite using two air purifiers. I've filed formal complaints with health and housing authorities, and have one neighbor willing to complain, although others seem reluctant to get involved. The Executive Director came to smell the tobacco, and the property manager and assistant spoke with a known smoker down the hall, but I am getting no reprieve from the smoke. What can I do here?
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A:
It sounds like you're dealing with a difficult situation, especially given the impact the secondhand smoke is having on your health. Since your lease specifically prohibits smoking, and you've already made numerous attempts to address the issue with both the landlord and housing authorities, you have a few options for moving forward. The continued exposure to smoke, especially with your health concerns, is a valid reason to push for stronger action.
Since the landlord has not followed through on enforcing the no-smoking policy, you could consider escalating the issue by filing a formal complaint with the local health department or even contacting an attorney for tenant rights. The landlord’s failure to address your complaints could be seen as a breach of the lease agreement, especially if they are not taking appropriate steps to ensure a smoke-free environment. You might also want to contact local tenant advocacy organizations that can offer additional support or resources.
If the situation doesn’t improve, you may have grounds for a constructive eviction claim, which means you could argue that the living conditions are uninhabitable due to the smoke exposure. Be sure to keep a record of all your communications and complaints, as this will strengthen your case. In the meantime, continue to document the smoke exposure and its effect on your health, as this evidence can support any legal action you decide to pursue.
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