Fair Housing

A Kentucky landlord's lease requires all tenants to be non-smokers. This lease requirement:

AViolates fair housing laws because smoking is a protected activity
BIs generally permissible since smoking is not a protected class✓ Correct
CViolates the Americans with Disabilities Act
DIs only permissible for buildings with fewer than 4 units

Explanation

Smoking status is not a protected class under federal or Kentucky fair housing laws. A landlord may impose a non-smoking policy throughout their property, subject to accommodation considerations if a tenant claims a disability related to smoking cessation.

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