Can You Deny Renting to Smokers?
Yes.
Smokers are not federally protected under the Fair Housing act. There are two caveats, however:
- If you have federally subsidized housing; you cannot disallow tenancy based on smoking
- You must apply the ban to every applicant, do not make an exception for someone who appears to be the perfect tenant on paper but smokes - either you allow it or you don't.
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