A woman sued the local housing authority because of exposure to secondhand cigarette smoke, which she claimed was drifting in from the apartment below hers. A lower court ruled against the tenant’s claims that the drifting secondhand smoke (1) violated the covenant of quiet enjoyment; (2) violated her lease; and (3) constituted negligence. The court of appeals disagreed, finding that the tenant had provided sufficient evidence to proceed to a trial on her three claims. However, the appeals court agreed with the lower court’s finding that there was no discrimination based on a disability in the case.
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
A claim for violating a law protecting tenants or home owners, such as the covenant of quiet enjoyment, the warranty of habitability, constructive eviction, or trespass. For example, a tenant could sue a neighbor or the property owner when exposed to drifting secondhand smoke in their home.
A woman sued the local housing authority because of exposure to secondhand cigarette smoke, which she claimed was drifting in from the apartment below hers. A lower court ruled against the tenant’s claims that the drifting secondhand smoke (1) violated the covenant of quiet enjoyment; (2) violated her lease; and (3) constituted negligence. The court of appeals disagreed, finding that the tenant had provided sufficient evidence to proceed to a trial on her three claims. However, the appeals court agreed with the lower court’s finding that there was no discrimination based on a disability in the case.