Can a Section 8 landlord outlaw tobacco use inside private units?

[JimTrail]

Hello Free Advice Forum!

Question: Can a landlord, in a Section 8 development, ban tenants from using chewing tobacco inside their private dwelling unit?

I have a family member that lives inside a Section 8 housing development. The family member is a senior citizen. Recently, the property management said that beginning November 1st of this year the tenants would not be allowed to use tobacco inside their dwelling unit.

Can they do that legally?

Thank you in advance.

 

[Zigner]

Sorry, this forum is for US law only.

 

[Just Blue]

Sorry, this forum is for US law only.

OP is in TN. Don't if the family member is...But as it is section 8 I would assume it is in the U.S.

OP...Please clarify what state the family member is in.

Thanks
Blue

 

[Zigner]

OP is in TN. Don't if the family member is...But as it is section 8 I would assume it is in the U.S.

OP...Please clarify what state the family member is in.

Thanks
Blue

I didn't see the state in the post, but I know see it in the info in the upper right...

 

[JimTrail]

Sorry about the state.

The Section 8 housing development is in Knoxville, Knox County, Tennessee.

It's hillbilly country. A lot of people smoke and chew in this region.

 

[xylene]

In TN a landlord can prohibit tobacco smoking in a residential unit.

The section 8 status does not confer any special right to an exemption to such a policy should the landlord enact one.

There may be some lease timing issues, but it also seems the landlord is giving generous notice.

The fact that many people still smoke is the reason why policies like this are coming.

Smoking is bad for the smoker, it damages the property and second hand smoke affects non smoking residents deleteriously.

 

[ajkroy]

In TN a landlord can prohibit tobacco smoking in a residential unit.

The section 8 status does not confer any special right to an exemption to such a policy should the landlord enact one.

There may be some lease timing issues, but it also seems the landlord is giving generous notice.

The fact that many people still smoke is the reason why policies like this are coming.

Smoking is bad for the smoker, it damages the property and second hand smoke affects non smoking residents deleteriously.

It is also expensive. I am one who wholeheartedly believes that if you cannot afford rent and basic necessities without the taxpayer's help, you cannot afford "luxuries" like tobacco.

 

[Just Blue]

It is also expensive. I am one who wholeheartedly believes that if you cannot afford rent and basic necessities without the taxpayer's help, you cannot afford "luxuries" like tobacco.

OP's family member is not a smoker. He is chewing tobacco. Still a disgusting habit but others will not be exposed to it...Unless they are in the house and see his/her "spit". (gross).

 

[JimTrail]

In TN a landlord can prohibit tobacco smoking in a residential unit.

The section 8 status does not confer any special right to an exemption to such a policy should the landlord enact one.

There may be some lease timing issues, but it also seems the landlord is giving generous notice.

The fact that many people still smoke is the reason why policies like this are coming.

Smoking is bad for the smoker, it damages the property and second hand smoke affects non smoking residents deleteriously.

xylene;

Thank you for responding.

Where did you find that law?

 

[Zigner]

xylene;

Thank you for responding.

Where did you find that law?

What law?

 

[LdiJ]

What law?

I think he means this:

In TN a landlord can prohibit tobacco smoking in a residential unit.

 

[Zigner]

I think he means this:

Right - there's no law prohibiting it.

 

[LdiJ]

Right - there's no law prohibiting it.

There is no law that says that a landlord cannot prohibit all kinds of things inside a unit.

However, according to a lawyer's site I just read, it has to be in the lease, therefore they can only do it for new leases or renewals of leases. However, if someone is month to month then they can certainly change the rules with proper notice. They have certainly given proper notice for any month to month tenants.

 

[Zigner]

There is no law that says that a landlord cannot prohibit all kinds of things inside a unit.

However, according to a lawyer's site I just read, it has to be in the lease, therefore they can only do it for new leases or renewals of leases. However, if someone is month to month then they can certainly change the rules with proper notice. They have certainly given proper notice for any month to month tenants.

Right. But that wasn't the question I was addressing. I agree with everything you said. According to you (not the OP, since the OP didn't answer my question), the OP wants to know if there is a law saying the landlord cannot prohibit use of tobacco in the unit. The answer is no, there is no such law

 

[LdiJ]

Right. But that wasn't the question I was addressing. I agree with everything you said. According to you (not the OP, since the OP didn't answer my question), the OP wants to know if there is a law saying the landlord cannot prohibit use of tobacco in the unit. The answer is no, there is no such law

Ok, then don't expect everyone to "get you" when you say things like "what law?" I didn't get you that time and I know your posting style. I doubt that the OP got you either.