TALC’s fact sheet “How Disability Laws Can Help Tenants Suffering from Drifting Tobacco Smoke” is designed for people who have a medical condition that is made worse by secondhand smoke drifting into their apartments. Landlords can be required by law to make reasonable changes to accommodate a tenant’s respiratory disability or other disability that is worsened by secondhand smoke exposure. TALC’s fact sheet explains who qualifies for protection under disability laws, what constitutes a “reasonable accommodation,” and how tenants can make their request most effectively. 

In addition, TALC has developed a sample letter for requesting a reasonable accommodation that a tenant can use as a model and modify to suit his/her specific situation.  Also, TALC has created a sample doctor’s letter that a person can share with his/her medical provider as a template. Both of these sample letters are available as Microsoft Word documents that you can modify.

Finally, a list of fair housing councils is included as part of the fact sheet. One of these organizations may serve your area and be able to assist you with the process of requesting a reasonable accommodation. TALC’s directory of California Legal & Dispute Resolution Referral Resources provides legal aid and lawyer referral services, searchable by county. TALC does not provide direct legal services to clients, so we would not be able to represent you or offer direct assistance with your reasonable accommodation request.

These other documents available from TALC might also be useful:

• “Legal Options for Tenants Suffering from Drifting Tobacco Smoke” describes the legal claims, in addition to the disability laws, that a nonsmoking tenant may bring against the neighbor who smokes and/or the landlord. 

• “How Landlords Can Prohibit Smoking in Rental Housing” explains how a landlord can make both the common areas and the units of an apartment complex nonsmoking. 

• “Options for Condo Owners Suffering from Drifting Secondhand Smoke”describes the options available to those in condominiums who want to avoid unwanted exposure to secondhand smoke at home.

TALC wishes you luck with this difficult situation.