Fair Housing
A NH property manager who maintains a 'no smoking in units' policy for all tenants:
AViolates the Fair Housing Act because smokers are a protected class
BIs generally permissible as it applies equally to all tenants and does not target a protected class✓ Correct
CMust allow smoking for tenants with anxiety disorders who claim smoking is therapeutic
DMust grandfather in existing tenants who already smoke
Explanation
A facially neutral no-smoking policy applied equally to all tenants is generally legal. Smokers are not a protected class under the Fair Housing Act. However, a landlord may need to consider reasonable accommodation requests related to disability.
Related New Hampshire Fair Housing Questions
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