Can You Prohibit Tenants from Smoking Pot in Their Apartments?

Woman Smoking Out Window

Landlords in New Jersey are free to regulate conduct within their apartments that is not related to any fair housing protected classes. This means that a ban on the use or possession of marijuana inside the residence is likely not a violation of landlord/tenant or fair housing laws.

The New Jersey Smoke-Free Air Act, which was passed in 2006 and amended in 2010 and 2014, prohibits smoking in all enclosed indoor places of public access and workplaces. This means that landlords can regulate smoking of any kind, including marijuana inside the residence.

In cases where a tenant claims to be disabled and states that the use or cultivation of marijuana is related to their disability, they may request a “reasonable accommodation” under the Fair Housing Act. However, there is currently no case law in New Jersey that requires landlords to make accommodations specifically for marijuana. If a landlord chooses to make accommodations, they must be reasonable.

It is recommended that landlords respond to requests for accommodations by verifying the necessary documents and speaking with the tenant to come up with a resolution that works for everyone involved. If you have any questions about these issues, please don’t hesitate to give our office a call at 732-490-1777. We will be happy to assist you and provide personalized recommendations for your unique situation.

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