Legal Question in Elder Law in Illinois

Your legal rights depend on the lease. The right of your landlord or lessor depends on the lease provision which may enable the landlord to institute rule changes. Whether you were a smoker which is recognized in the lease may not affect the right to make such changes. The rights of neighbors who are non-smokers may also be related to such changes. Without reviewing the lease and understanding the reasons for changes by your landlord, it is difficult to provide specific legal advice.

Apparently your city has declared itself to be a "smoke-free" zone at set out in the below ordinance. Without knowing whether you are living in public housing or not, I cannot give you a complete ordinance. However, since you indicate that you live in senior housing, I am guessing that it is being treated not as a private residence but as a public building and therefore subject to the ordinance. Look on the bright side, you already suffer from chronic bronchitius and this will encourage you to give up smoking and should improve your health.

Without reviewing your lease and the building, my best guess is that your "landlord" is within its rights to change the rules and ban smoking anywhere within the facility.

� 134.04 SMOKE FREE WASHINGTON

Definitions. 410 ILCS 82/10, as may be amended from time to time, is hereby adopted as �134.04(A) of the City of Washington Code of Ordinances and is incorporated as if fully set forth herein.

Smoking Prohibited.

Smoking in public places, place of employment, and governmental vehicles prohibited. No person shall smoke in a public place or in any place of employment or within 15 feet of any entrance to a public place or place of employment. No person may smoke in any vehicle owned, leased or operated by the State or a political subdivision of the state.

Entrances, Exits, Windows, and Ventilation Intakes. 410 ILCS 82/70, as may be amended from time to time is hereby adopted as �134.04(B)(2) of the City of Washington Code of Ordinances and is incorporated as if fully set forth herein.

Posting of Signs. 410 ILCS 82/20, as may be amended from time to time, is hereby adopted as �134.04(C) of the City of Washington Code of Ordinances and is incorporated as if fully set forth herein.

Designation of Other Non-Smoking Areas. 410 ILCS 82/30, as may be amended from time to time, is hereby adopted as �134.04(D) of the City of Washington Code of Ordinances and is incorporated as if fully set forth herein.

Exemption. 410 ILCS 82/35, as may be amended from time to time, is hereby adopted as �134.04(E) of the City of Washington Code of Ordinances and is incorporated as if fully set forth herein.

Violations.

A person, corporation, partnership, association, or other entity who violates �134.04(B) of this Ordinance shall be fined pursuant to this Section (F). Each day that a violation occurs is a separate violation.

A person who smokes in an area where smoking is prohibited under �134.04(B) or �134.04(D) shall be fined an amount not less than $100 and nor more than $250.

A person who owns, operates, or otherwise controls a public place or place of employment that violates �134.04(B)(1), or �134.04(B)(2) shall be fined (i) not less than $250 for the first violation during any twelve month period of time, (ii) not less than $500 for the second violation within one year after the first violation, and (iii) not less than $2,500 for each additional violation within one year after the first violation.

All violations of �134.04 may be enforced by issuance of a Notice of Violation for the amount enumerated in this Section for a violation thereof, or may be enforced by issuance of a Notice to Appear. If the Notice of Violation is issued to a person who smokes in an area where smoking is prohibited under �134.04(B), the fine shall be $100 for a first offense within twelve (12) months, $150 for a second offense within one year after the first violations, and $250 for each additional violation within one year after the first violation.

Injunctions. The City may institute, in a circuit court, an action to enjoin violations of this Ordinance.

(Am. Ord. 2771, passed 3-3-08; Am. Ord. 2839, passed 7-6-09)