Abstract
OBJECTIVE—To describe legal theories that non-smoking residents of multiple occupancy buildings may employ when affected by environmental tobacco smoke (ETS) from neighbouring units. DESIGN—Legal research was conducted in several US states. Research was performed among statutes and regulations. State health regulations were examined as well as common law claims of nuisance, warranties of habitability, and the right of quiet enjoyment. RESULTS—Through the use of state regulations, such as a sanitary code, several states provide general language for protecting the health of residents in multi-unit buildings. State law also supports more traditional claims of nuisance, warranties of habitability, and the right of quiet enjoyment. CONCLUSIONS—The use of state regulations has the potential to provide an effective, existing vehicle for resolution of ETS incursion problems. The general health protection language of the regulations, in conjunction with the latest evidence of the harmful effects of ETS, gives state agencies authority to regulate environmental tobacco smoke incursions among apartments in multi-unit dwellings. Where state regulations are not available, other common law legal remedies may be available. Keywords: environmental tobacco smoke; legal strategies; multiple occupancy dwellings
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Selected References
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- Glantz S. A., Parmley W. W. Passive smoking and heart disease. Epidemiology, physiology, and biochemistry. Circulation. 1991 Jan;83(1):1–12. doi: 10.1161/01.cir.83.1.1. [DOI] [PubMed] [Google Scholar]
- Repace J. L., Lowrey A. H. An enforceable indoor air quality standard for environmental tobacco smoke in the workplace. Risk Anal. 1993 Aug;13(4):463–475. doi: 10.1111/j.1539-6924.1993.tb00747.x. [DOI] [PubMed] [Google Scholar]
- Stefanadis C., Vlachopoulos C., Tsiamis E., Diamantopoulos L., Toutouzas K., Giatrakos N., Vaina S., Tsekoura D., Toutouzas P. Unfavorable effects of passive smoking on aortic function in men. Ann Intern Med. 1998 Mar 15;128(6):426–434. doi: 10.7326/0003-4819-128-6-199803150-00002. [DOI] [PubMed] [Google Scholar]