"The right of nonsmokers to be free from exposure to secondhand smoke is protected by both legislation and judicial rulings. There are federal, state, and local laws protecting nonsmokers. Apartment owners are permitted by federal and state law to adopt total smoke-free policies."
간접흡연으로부터의 피해를 면할수있는 비흡연자의궐리는 법적으로보호를 받을수가 있고. . .
. In federally subsidized housing, one cannot refuse to rent a unit to a smoker, but can prohibit smoking in the unit. Anyone can rent, however they or their guest cannot smoke in the unit. Advertising “smoke-free” or “no-smoking facilities” is also legal.
There is No Right to Smoke 흡연 비흡연은 법적으로 보호 받으수있는 권리가 아니고. . . .(흡연의권리 라는건 없음)
“The right to smoke or not to smoke is not a right that is protected under the Civil Rights
Act of 1964 because smokers are not a protected class under federal law.”
HUD Legal Counsel Letter, July, 2003
Landlords may be vulnerable to lawsuits from nonsmokers.
Tenants negatively impacted by secondhand smoke actually have the right to seek legal
action against landlords who do not adequately protect them from second hand smoke Most cases are settled, but in those cases that have reached a court decision, tenants have 간접흡연을 방치하여 비흡연자에게 피해를입힌 건물주인은 소송에서 이기지 못하고. . . .(조용하고 행복하게 살 거주자권리를 침해했기에. . . )
been most successful using the common law remedies breach of warranty of habitability
and breach of covenant of quiet enjoyment.
In all states, even if landlords are not at fault for a problem, they are responsible for
ensuring that residential rental properties are fit for human occupancy.
Warranty of Habitability
- Landlords are responsible for ensuring rental housing is fit for human
occupancy.
- In every state, SHS ( secondhand smoke) is a nuisance if it substantially interferes with the enjoyment
of life or property. 간접흡연은 간접흡연의 피해를받는 이에게 "폐" '방해" "불법적인행위"로 간주되어. . .
Court found breach of trespass (“discharging a foreign polluting matter”), breach of
nuisance (“frequent, harmful SHS interfered with use and enjoyment of home”),
and breach of covenant of quiet enjoyment (“obstructed, interfered, and took away
the beneficial use of the plaintiff’s property”).
Write your landlord with a copy of the doctors letter, certificate of mail this to your landlord, fax or email as well. 간접흡연이 님의 건강상태를 악하게하고 . . .라는 의사의 진단서를 건물주에게 주어 (준 증거 카피보존)
2-3 달의 기간을 주어 . . .
and the U.S. Dept. of Justice created a joint statement that states, as per the Federal Fair Housing Act, that anyone with a previously diagnosed breathing disability can be considered "handicapped" Requires housing providers to make reasonable accommodations for persons with disabilities." "http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/disabilities/inhousing Disability Rights in Housing 디스어빌러티의 궐리가 보호 편이 조정이 되어야하고. . . .