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Jury finds heavy smoking to be grounds for eviction
The Boston Globe ^ | By Ralph Ranalli and Jonathan Saltzman | June 16, 2005

Posted on 06/16/2005 5:33:52 AM PDT by Boston Blackie

In a case that tobacco law specialists say is one of the first of its kind in the nation, a Boston Housing Court jury ruled that a South Boston couple could be evicted from their rented water-view loft for heavy smoking, even though smoking was allowed in their lease.

The landlord who rented the Sleeper Street unit to Erin Carey and Ted Baar ordered them out within a week last November, after neighbors complained of the smoke odors filtering into their apartments.

(Excerpt) Read more at boston.com ...


TOPICS: Culture/Society; US: Massachusetts
KEYWORDS: aclulist; billofrights; constitutionlist; pufflist; wodlist
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To: TnGOP
Today is four months tobacco free for me. I quit cold turkey on 2/16 from smoking 2+ pax a day. I just realized it has been 1/3 of a year.

Wonderful, I'm so proud of you. You never have to be a slave again.

121 posted on 06/16/2005 9:25:15 AM PDT by af_vet_1981
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To: Madame Dufarge

While some of the comments here on FR do fall under the category of irony, many more fall under the banner of sarcasm, which is fine, but many posts are just mean. People will post something just to say something mean or sarcastic, without having any real content. I appreciate humor (especially dry humor). Additionally, I happen to fall into the camp of thought that believes sarcasm is the lowest form of wit (I believe Oscar Wilde said that) and it is so over-used in our society, frankly, it's become banal.


122 posted on 06/16/2005 9:31:35 AM PDT by Paved Paradise
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To: Raycpa
Those slime balls who violated the ''any nuisance; any offensive noise, odor or fumes; or any hazard to health" clause of their agreement are scum.

Yep, anyone who doesn't live up to their agreement. Of course, you can't possibly know if it was in the agreement. So that's more like a "real estate novel".

And the scum group includes those who want to change the agreement after they have made it. And use thugs to do their dirty work at gunpoint.

Scum, and cowards.

123 posted on 06/16/2005 9:35:53 AM PDT by Protagoras (I’ve had all I can stands and I can’t stands no more.....Popeye)
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To: psychedelicate63

" Have the smoker get some type of ventilation so the smoke goes outside?"

LOL! Off topic but relevant to your comment. As a college kid a ran a lab for a mining company and did mineral separations in a bromine or bromide solution--highly toxic fumes. I built an enclosed fume hood than was vented outside by fan. One day about 8 months after I had started using the thing I was on the back side of the building and noticed my vent fan blew out directly below the window unit ac unit intake for the CEO's office above mine.


124 posted on 06/16/2005 9:35:58 AM PDT by Rebelbase (Mexico, the 51st state.)
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To: tomakaze

Your ignorance of history regarding smoking bans by colonials is embarrasing.


125 posted on 06/16/2005 9:37:03 AM PDT by Raycpa
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To: TnGOP

BTTT


126 posted on 06/16/2005 9:38:14 AM PDT by 185JHP ( "The thing thou purposest shall come to pass: And over all thy ways the light shall shine.")
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To: Raycpa
Your ignorance of history regarding smoking bans by colonials is embarrasing.

Your spelling is embarrassing.

127 posted on 06/16/2005 9:43:49 AM PDT by Protagoras (I’ve had all I can stands and I can’t stands no more.....Popeye)
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To: jocon307

Cheer up. It's Massachussetts. It's not like we're talking about normal people.


128 posted on 06/16/2005 9:46:04 AM PDT by Tall_Texan (If you can think 180-degrees apart from reality, you might be a Democrat.)
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To: somerville

I rent an apartment and have a small macaw who can be noisy but I monitor her when I'm home and the neighbors don't complain (fortunately, only two apartments directly abut my unit and both have large dogs so they aren't really in a position to beef about it).

My landlady likes my bird (I am clean about it) and so when another woman wanted to rent and said she had birds, the landlady agreed. But this lady had *seven* birds who not only screamed at each other all day but the woman let them poop all over the carpet and ruin the floors which had to be replaced.

I mention this because I think it relates to this smoking issue. Having one dog or one cat is like puffing on one cigarette every couple of hours. Nobody really minds and the landlord would likely go along with allowing it. But if a renter brought in 20 dogs or 20 cats, you now have a problem the landlord has to prevent to protect his property and his other tennants.

I don't see this ruling as precedent-setting as much as I see it as a practical situation. If these smokers are lighting up six cigarettes an hour (as I've seen a smoker do before), they are creating a nuisance that can adversely effect the neighbors. I don't know, in reality, how much the couple smoked but the term "excessive" would mean to me that they were smoking beyond what the ventilation capacity of the apartment could take.

You could ask the smokers to cut down on their smoking but, like asking a pet owner to get rid of half their dogs, I doubt it was received too positively.


129 posted on 06/16/2005 10:04:26 AM PDT by Tall_Texan (If you can think 180-degrees apart from reality, you might be a Democrat.)
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To: Publius6961
Suppose your gross overweight body produces an intolerable smell offending others for a radius of 100 yards. Can the rest of us have you evicted?

Probably. Constant offensive odors can be a violation of a lease.

130 posted on 06/16/2005 10:09:10 AM PDT by Modernman ("Laws are like sausages, it is better not to see them being made." -Bismarck)
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To: Paved Paradise
sarcasm is the lowest form of wit (I believe Oscar Wilde said that) and it is so over-used in our society

Ya Think!!

sorry I just couldn't help myself.
131 posted on 06/16/2005 10:12:49 AM PDT by HEY4QDEMS (Who owns this car with the peace sign, the mag wheels, and four on the floor?)
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To: pageonetoo
If you want to have everything regulated, then move to China

This was not a case of government regulation- the landlord was the one seeking to evict these smokers.

He has the right to smoke , IN WRITING. It is not a 'benefit', not a 'blessing', it's a right, BY CONTRACT.

Sure, but the contract went on to ban offensive odors and such. That's why they got evicted.

132 posted on 06/16/2005 10:15:09 AM PDT by Modernman ("Laws are like sausages, it is better not to see them being made." -Bismarck)
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To: Protagoras; Raycpa
Those slime balls who violated the ''any nuisance; any offensive noise, odor or fumes; or any hazard to health" clause of their agreement are scum.

Yep, anyone who doesn't live up to their agreement. Of course, you can't possibly know if it was in the agreement. So that's more like a "real estate novel".

According to the article, this clause was in their lease. So, even though they had the right to smoke in their apartment, such smoking could be a cause for eviction if it violated this more general nuisance clause.

That's a pretty standard clause, really. Any well-written residential lease will have something similar.

133 posted on 06/16/2005 10:23:20 AM PDT by Modernman ("Laws are like sausages, it is better not to see them being made." -Bismarck)
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To: Raycpa
re:Your ignorance of history regarding smoking bans by colonials is embarrasing.
 

134 posted on 06/16/2005 10:24:29 AM PDT by tomakaze (Cuius testiculos habes, habeas cardia et cerebellum.)
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To: tomakaze

Your debate skills using facts is far superior to mine. I concede.


135 posted on 06/16/2005 10:47:29 AM PDT by Raycpa
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To: Mears

bfl


136 posted on 06/16/2005 11:02:05 AM PDT by Mears (Keep the government out of my face!)
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To: Paved Paradise
"Seriousness is the only refuge of the shallow."

Oscar Wilde

137 posted on 06/16/2005 11:31:38 AM PDT by Madame Dufarge
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To: Raycpa

Since when is the early 20th century "colonial times?"


138 posted on 06/16/2005 11:32:59 AM PDT by Madame Dufarge
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To: Nathan Zachary

Some hot chicks love the smell of garlic!


139 posted on 06/16/2005 11:40:50 AM PDT by tob2 (Old Fossil and Proud of It!)
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To: Rebelbase

LOL


140 posted on 06/16/2005 11:43:35 AM PDT by psychedelicate63
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