- Schuman v. Greenbelt Homes, Inc. An in-depth review of the case and legal analysis of the Schuman v. Greenbelt Homes, Inc. case.
- A U.S. District Court in Maryland and the Supreme Court of the United States have found that there is no fundamental right to smoke and that the act of smoking is entitled to only a minimal level of protection under the Equal Protection Clause. Brashear v. Simms, 138 F. Supp. 2d 693 (D. Md. 2001); McGinnis v. Royster, 410 U.S. 263 (1973).
- A recent case in New York found that secondhand smoke drifting between apartments was a breach of the implied warranty of habitability and was grounds for a constructive eviction. The judge ruled that the landlord was responsible for the acts of a third party—the smoking tenant—and that the landlord should have taken steps to eliminate the secondhand smoke problem. Poyck v. Bryant, 2006 NY Slip Op 26343 (N.Y. Misc. 2006).
- Click here to read a sample of other cases decided in favor of the non-smoker.
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