Really? I live in an apartment above a heavy smoker, and it simply rises into my apartment. I have asthma, and it's certainly makes me ill.
In addition, my apartment smells like I am a heavy smoker.
Now you tell me, since I don't choose to smoke, what the solution is?
It's either 1. He goes, or 2. The landlord releases me from my lease.
Remember, your rights stop where my body begins. In this case you could say your rights stop where your apartment walls end, and if your actions go beyond your walls, then you are subject to eviction, etc.
1stFreedom
Wow. What a GREAT screen name you chose. I think " selective freedom" would have suited you better, though.