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Smoking is not a protected class - and if you signed a lease with a no smoking clause, you can't smoke.

Posted by Logical Lenny on May 26, 2001 at 22:22:14:

In Reply to: must I pay my rent in cash/money order and still not be able to smoke in my own apartment? posted by sawbones on May 26, 2001 at 10:05:34:

You signed a lease with a rider that says 'NO SMOKING IN BUILDING', now you have to ask us if you can smoke in the building ? Do you think that smoking is a protected status, like being an ethnic minority ? Or that the lease rider you signed to somehow just doesn't apply to you ? I don't think so.

The clause about paying rent with a money order or cash sounds inconvenient, maybe your LL has had problems with bounced checks before. Why not quit smoking and establish a history of paying the rent on time, then ask the landlord if it wouldn't be more convenient and secure for all involved for you to pay rent with a check ?

: What are my rights as tenant concerning these matters? Do my landlord (in Brooklyn) has to right to demand that the tenants pay their rent in cash/order and prohibit any smoking in the building? Do I still have any recourse even though I sign a lease with a rider stating that rent payment is in cash/money order and no smoking in the building?

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