Article says:
"the jury found that the couple's heavy smoking violated a more general clause banning 'any nuisance; any offensive noise, odor or fumes; or any hazard to health.' "
The smoke and odor were invading the neighboring apartments. When I rent an apartment I like it to be free of my neighbors' noxious odors. It's like loud music or other noises: you can make noise, but not so much that you disturb the neighbors. These smokers could smoke, but not so much that they disturb the neighbors.
Agreed. This is the precedent-setter that the Smoking Nazis have been praying for.
I pity the Indian couple that moves in next to you and uses curry in their cooking.
Does all the whining by the non-smokers constitute being a nuisance or"offenseive noise"?