Living
Banning smoking in apartments, condos
What every association and owner should know


(Washington Blade photo by Phil Reese)
By DAVID A. RAHNIS
Many urban dwellers are waking up to the concerns surrounding secondhand smoke in their apartment cooperatives and condo buildings. To date, approximately half of all states (including D.C.) have passed comprehensive smoke-free laws. However, these laws typically exempt a person’s home. There is no effort on the horizon to ban smoking in all multiple family dwellings in D.C. This situation could create a dilemma for non-smokers trying to coexist with smokers in a residential environment. Nationwide, the number of residential buildings becoming voluntarily smoke-free appears to be growing.
The secondhand smoke issue is usually raised when a resident complains about the smell of smoke entering his or her apartment from other apartments or areas within the building. Attempting to address those complaints, building management will often undertake an investigation or some corrective action to address the smoke odors. Often, these initial efforts may fall short and residents will contend that only a full building-wide smoking ban can resolve the problem.
The first step for any coop or condo when facing this issue is to review the building’s governing documents for any provisions pertaining to smoking. If a board determines a smoking ban to be in the best interest of the building, the most effective way to do so is through an amendment to the governing documents. For example, in the cooperative setting, an amendment to the Proprietary Lease and/or By-Laws is the most effective means of enforcing a ban. Residents should examine the procedures and voting requirements necessary to amend the governing documents. In the cooperative setting, the most appropriate venue for obtaining shareholder consent would be a special meeting of the shareholders, held in accordance with the by-laws. A court is more likely to uphold a smoking restriction adopted by a supermajority of apartment owners rather than by simple board action.
At this point, there is only one local case involving smoking in the cooperative environment. In David Schuman v. Greenbelt Homes, Inc. (a 2011 Prince George’s County, Md. Circuit Court case now on appeal), a non-smoking cooperative townhouse owner sued building management and his neighbor on the grounds that secondhand smoke from his neighbor violated the nuisance clause of his mutual ownership contract. The non-smoking owner claimed that he suffered from coughing, sneezing, congestion and watery eyes for years due to the secondhand smoke. In an attempt to alleviate the problem, the management company caulked around baseboards, plumbing and electrical outlets in both homes. Such efforts did not satisfy the non-smoking owner.
However, the Circuit Court ruled in favor of the management company, noting that “not all nuisances are necessarily actionable” and that the matter was more appropriate for the state legislature. The court found that the level of smoke entering the non-smoker’s townhouse constituted merely an offensive odor and did not trigger an actionable nuisance. The court said that the plaintiff needed to demonstrate “real injury” such as an “unfavorable health condition”. In addition, the court found no bad faith in the management company’s handling of the non-smoker’s complaints.
While a significant body of legal analysis does not yet exist in the D.C. area, courts in other jurisdictions have already begun addressing and analyzing the issues surrounding community smoking bans. The underlying conclusion is that boards and managers need to be alert to secondhand smoke complaints because cooperatives and condos can be held legally accountable for failing to address smoking-related concerns.
A 2006 New York civil court case addressed the potential for landlord liability due to secondhand smoke. In Poyck v. Bryant, the court found that tenants who vacated a condominium apartment before the lease termination date due to secondhand smoke from an adjoining apartment could assert the “warranty of habitability” as a defense to their landlord’s nonpayment of rent proceeding, notwithstanding the fact that the landlord had no control over the adjoining apartment. The court held that a sufficiently egregious secondhand smoke condition presents health hazards so as to invoke the warranty of habitability, and that the landlord had the power to act against the smoking neighbor.
In Christiansen v. Heritage Hills 1 Condominium Owners Association, a Colorado district court in 2006 upheld an amendment to a condominium declaration that banned smoking inside apartments. The court noted that the board had already tried, unsuccessfully, to address secondhand smoke through various remediation measures.
The New York County Supreme Court in Reinhard v. Connaught Tower Corporation ruled in 2011 that coop boards are required to act reasonably when residents complain that secondhand smoke is infiltrating their apartments from other parts of the building. In this case, the plaintiff-owner of a coop apartment sued the corporation because she detected a strong smell of cigarette smoke in her apartment. She was told by the managing agent and the superintendent to re-caulk the floor, molding and faceplates in her bedroom, which did not eliminate the odor. The board, however, refused to take any action and disclaimed any responsibility for the problem. Plaintiff then sued the corporation for breach of the warranty of habitability, breach of fiduciary duty and constructive eviction among other causes of action. The court held that the secondhand smoke in plaintiff’s apartment breached the warranty of habitability and as a result constituted a constructive eviction. Furthermore, the court determined that the co-op breached plaintiff’s proprietary lease by failing and refusing to take any “reasonable steps” to alleviate the secondhand smoke problem.
If a cooperative apartment or condo community is experiencing an increasing number of secondhand smoke complaints and if remediation efforts have been unsuccessful, the Board should consider a building wide smoking ban. In addition to a “town hall” style meeting, the Board’s next step might be to conduct a formal survey of apartment owners in order to determine the most feasible course of action for the community. If the survey results reveal that a full and immediate smoking ban is not appropriate, the building can implement a modified form of smoking ban. For example, the ban could be delayed for a certain period of time (e.g., two or three years) in order to allow owners/residents time to comply with the new rules. Alternatively, current smokers could be “grandfathered” out of an immediate smoking ban. At the same time, the building could begin to reject any prospective purchasers who smoke. In this manner, through gradual attrition, the building would eventually become entirely smoke free. Owners and boards would be wise to consult management and legal advice when facing these issues to avoid expensive litigation or claims of discrimination down the road.
This is a part of a series of monthly articles by Jackson & Campbell, P.C. on legal issues of interest to the LGBT community. Jackson & Campbell, P.C. is a full service law firm based in Washington with offices in Maryland and Virginia. Those with questions regarding this article, please contact David Rahnis at 202-457-1673 or [email protected]. Those with questions regarding the firm should contact Don Uttrich, who chairs its Diversity Committee, at 202-457-4266 or [email protected].
Advice
Stop haranguing your husband about how you think he should behave
Make your point and then move on from the argument

Michael,
My husband is great, but he’s a pushover. It happens at work a lot. For example: His colleague, who came back from maternity leave about four months ago, is always leaving early. And Jeremy is always staying late to finish the jobs that they should be doing together.
But the most galling to me is that he doesn’t speak up for himself in his family. His parents (in my opinion) overtly favor his brother (who is straight) and his brother’s family. I could give a lot of examples. The latest: They’re treating the brother and the family to a cruise.
We’ve been together for 15 years, married for 12, and never get any such treatment.
Jeremy says his brother is strapped for cash (four kids, one income) and the family needs a break, whereas Jeremy doesn’t need his parents to pay for his (or our) vacation. I don’t really want to go on a cruise but it’s the principle of the thing.
Again, this is just one example. I feel bad for Jeremy being walked on, over and over, and I want him to start standing up for himself. Despite my repeated entreaties, he won’t.
When I push him on this, he tells me I’m not seeing the whole picture, or he sees it differently, or it’s not a big deal, or he’s fine with things as they are.
I can’t see how he could be fine with being taken advantage of, or not being appreciated. I think he’d have a much better life if he actually set some boundaries with people.
How do I persuade Jeremy to listen to me and be more assertive?
Michael replies:
Do you see the irony in complaining that you can’t get your husband to listen to you about being more assertive and setting a boundary?
You’ve made your point to Jeremy, repeatedly, and Jeremy is telling you to back off. In other words, he’s assertively setting a boundary with you.
You can’t get someone else to behave in the way you want, even when you’re certain that your way is best. Jeremy gets to decide how he wants to conduct himself.
Here’s a pattern I have noticed over and over again through my years of working with couples: When you try to do something for someone that is their own job to do, both you and the person you are trying to “help” wind up being resentful. You get annoyed that the other person won’t listen to your wonderful advice, and the other person gets annoyed because they don’t want someone else telling them what to do or how to live their life.
In this case, you’re trying to get Jeremy to stand up for himself more than he does, and he’s not interested in changing how he operates.
A great rule for relationships: You can advocate for what you want, but you have to let go of the result. (And advocate sparingly, or you risk being a nag).
You are continuing to argue the same point to Jeremy, and Jeremy isn’t interested in listening to you. As you asked for my advice, here it is: Cut it out before he gets into the resentment stage, if he’s not already there, as you apparently are.
Also, please consider that your repeatedly criticizing Jeremy’s parents where Jeremy sees no problem could damage not only your relationship with Jeremy, but also his and your relationship with his family.
We get to marry the person we marry. We don’t get to insist that they upgrade to a better (at least in our opinion) version. Trying to do so is not just disrespectful and a waste of time, it poisons the relationship.
So find a way to live with Jeremy as he is, or — if you find his acquiescent nature unbearable — leave. But don’t spend the rest of your marriage, or even another day, haranguing him about how you think he should behave.
Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C. He can be found online at michaelradkowsky.com. All identifying information has been changed for reasons of confidentiality. Have a question? Send it to [email protected].
Real Estate
The best U.S. cities for LGBTQ homebuyers in 2025
Where strong equality scores, vibrant culture, attainable prices converge

Buying a home has always been a landmark of security and self-expression. For LGBTQ+ people, it can also be a powerful act of claiming space in a country where housing equality is still a work in progress. The good news? This year offers more options—and more protections—than ever. A record-breaking 130 U.S. cities now score a perfect 100 on the Human Rights Campaign’s Municipal Equality Index (MEI), meaning their local laws, services, and political leadership actively protect queer residents, reports.hrc.org. Meanwhile, national housing analysts at Zillow expect only modest price growth this year (about 2.6 percent), giving buyers a little breathing room to shop around.
Below are eight standout markets where strong equality scores, vibrant LGBTQ+ culture, and relatively attainable prices converge. Median sale prices are from March 2025 Zillow data.
1. Minneapolis–St. Paul, MN
Median sale price: $317,500
Twin Cities residents benefit from statewide nondiscrimination laws that explicitly cover sexual orientation and gender identity, a thriving queer arts scene, and dozens of neighborhood Pride celebrations beyond the mega-festival each June. Buyers also appreciate Minnesota’s down-payment assistance programs for first-time and BIPOC purchasers—many LGBTQ+ households qualify.
2. Philadelphia
Median sale price: $227,667
Philly combines East Coast culture with Mid-Atlantic affordability. “Gayborhood” anchors like Giovanni’s Room bookstore mingle with new LGBTQ-owned cafés in Fishtown and South Philly. Pennsylvania added statewide housing protections in 2024, closing the legal gaps that once worried trans and nonbinary buyers.
3. Pittsburgh
Median sale price: $221,667
Don’t let the steel-town stereotype fool you—Pittsburgh’s MEI score is 100, and its real-estate dollar stretches further than in comparable metros. Lawrenceville and Bloomfield have become hubs for queer-owned eateries and co-working spaces, while regional employers in tech and healthcare boast top Corporate Equality Index ratings.
4. Tucson, Ariz.
Median sale price: $328,333
This desert city punches above its weight in LGBTQ+ visibility thanks to the University of Arizona, a nationally ranked Pride parade, and some of the country’s most picturesque outdoor recreation. Arizona’s statewide fair-housing statute now explicitly lists gender identity, giving buyers added recourse if discrimination occurs.
5. Madison, Wisc.
Median sale price: $413,867
Madison blends progressive politics with a top-five public university and a booming tech corridor. Local lenders routinely promote inclusive marketing, and Dane County offers one of the few county-level LGBTQ+ home-ownership programs in the nation, providing up to $10,000 in forgivable assistance for low-to-moderate-income couples.
6. Atlanta
Median sale price: $359,967
The cultural capital of the Southeast delivers queer nightlife, Fortune 500 jobs, and a web of supportive nonprofits such as Lost-n-Found Youth. While Georgia lacks statewide protections, Atlanta’s 100-point MEI score covers public accommodations, contracting, and employer requirements—shielding homebuyers who choose in-town neighborhoods like Midtown or East Point.
7. St. Petersburg, Fla.
Median sale price: $354,667 Yes, Florida’s statewide politics are turbulent, but St. Pete has long held firm on LGBTQ+ equality. The city’s Pride festival draws nearly a million visitors, and local ordinances bar discrimination in housing and public services. Waterfront bungalows in Kenwood and more affordable condos near Uptown give first-time buyers options.
8. Denver
Median sale price: $563,500
Colorado passed some of the nation’s strongest gender identity housing protections in 2024, and Denver’s queer community remains one of the most visible in the Mountain West. Although prices run higher, buyers gain exceptional job growth and one of the country’s largest Gay & Lesbian Chambers of Commerce.
Smart Strategies for LGBTQ+ Buyers & Sellers
1. Build Your Dream Team Early
- Work with an equality-focused real-estate pro. The easiest way is to start at GayRealEstate.com, which has screened gay, lesbian, and allied agents in every U.S. market for more than 30 years.
- Choose inclusive lenders and inspectors. Ask whether each vendor follows HUD’s 2021 guidance interpreting the Fair Housing Act to cover sexual orientation and gender identity.
2. Know Your Rights—And Limitations
- Federal law bars housing bias, but enforcement can lag. Document everything and report issues to HUD, your state civil-rights agency, or Lambda Legal.
- In states without full protections, rely on city ordinances (check the MEI) and add explicit nondiscrimination language to your purchase contract.
3. Evaluate Neighborhood Fit
- Use local data: crime stats, school ratings, transit, and MEI scores of nearby suburbs.
- Spend time in queer-owned cafés, bars, and community centers to gauge true inclusivity.
4. For Sellers: Market With Pride—And Professionalism
- Highlight proximity to LGBTQ+ resources (community centers, Pride festivals) in your listing remarks.
- Stage neutrally but inclusively—rainbow art is great, but removing personal photos can protect privacy during showings.
The landscape for LGBTQ+ homeowners is evolving fast. By coupling inclusive laws, supportive culture, and attainable prices, cities like Minneapolis, Philadelphia, and Tucson stand out for 2025. No matter where you land, surround yourself with professionals who value every part of your identity. Start your journey at GayRealEstate.com, lean on the resources above, and claim your corner of the American dream—on your own terms, and with pride.
Scott Helms is president and owner of Gayrealestate.com.
Real Estate
Summer-ready rentals: How to prepare for the season
Inspect your A/C, upgrade the kitchen, and more

Now’s the time to get your property looking sharp for summer. In the D.C. rental market, summer is our version of the Super Bowl. Tenants are on the move, leases are flipping, and if your property isn’t ready for game time, you’re sitting on the bench while the competition scores.
Here’s how to get your rental property summer-ready, keep it competitive, and avoid the scramble once the heat (and the demand) is on.
First Impressions Count
In a walkable city like D.C., curb appeal isn’t a luxury, it’s your ticket to play. Prospective tenants don’t just scroll through listings from their couches; they walk the neighborhoods, eyeing buildings and row homes like it’s a real-life episode of House Hunters. If your property looks run-down from the sidewalk, it doesn’t matter how nice it is inside: you’ll already have lost their attention.
Start with a good power wash. Sidewalks, front steps, and that brick façade can collect a year’s worth of grime and pollen, and nothing says “we didn’t get around to it” quite like a dingy entryway. Once that’s done, grab a paintbrush and freshen up the details — front doors, railings, and window trim are often the first thing people see, and chipped or faded paint sends the wrong message. Landscaping doesn’t have to rival a botanical garden, but it should be tidy and intentional. A few potted plants, some trimmed bushes, and a weed-free yard show that you care. And don’t forget the lighting — a working porch light adds a layer of polish and safety. Think of curb appeal like a dating profile picture. If it’s not appealing, people won’t even bother to swipe right.
Handle Maintenance Before Repair Emergencies
Summer in D.C. means one thing: humidity. And it’s not just uncomfortable. It’s a property’s worst enemy if you’re not on top of things. Tenants will test that A/C the minute they move in, so don’t wait for a 98-degree day to find out the AC compressor is clogged and is not performing to its potential. While you’re at it, check those windows and screens. No one wants a unit that turns into a sauna because the windows won’t open or the screens are shredded.
Plumbing deserves a once-over, too. In some of D.C.’s older neighborhoods, tree roots have been known to snake their way into century-old pipes. If you’ve had slow drains or backups, now’s the time to act. And don’t skip out on pest control. Ants, roaches, and rodents all love a good D.C. summer, but your tenants sure don’t. A preventative visit now can spare you the late-night emergency call later.
Upgrade What Matters
If your place still has that “2008 Craigslist listing” look, now’s your chance for a low-cost glow-up that pays off in higher rent and better tenants.
You don’t have to renovate the entire kitchen, but a few strategic upgrades can keep your property feeling current without breaking the bank. Swapping out dated cabinet pulls or faucet fixtures is a quick win. Replacing an old Formica countertop with stone is a great add, albeit a bigger investment.
Installing a smart thermostat or keyless entry, especially if you’re trying to attract a tech-savvy tenant, adds a bit of glitz. And don’t underestimate the value of LED lighting. Not only is the lighting brighter, but energy efficiency is a real plus when Pepco bills start climbing.
Don’t Forget the Marketing Materials
The window for summer leasing moves fast. Between May and August, tenants are locking in their spots quickly, and they aren’t wasting time on listings that look outdated or vague. Having strong, current marketing materials can be the difference between locking in a new tenant over several weeks or watching your property sit vacant for several months while others get rented.
When writing your listing, make sure it reflects the strengths of the unit and its location. Is there a private balcony that catches the sunset? Mention it. Is the washer and dryer tucked inside the unit instead of down a shared hallway? Highlight that. And in the D.C. summer heat, central A/C and ceiling fans aren’t bonuses; they’re expectations. Mention any shaded outdoor spaces, or if you’re lucky enough to be close to a pool, splash pad, or one of the city’s beloved parks, say so.
Once the property is shining on the outside and tuned up inside, the final step is making sure that polish shows up in your marketing. Your listing needs to be more than just functional, it needs to sell. That starts with updated and clear photos. Snap new images once the landscaping is cleaned up, the paint has dried, and the light’s hitting just right. Don’t use older photos pre-2020 where the tree out front was still a sapling and the trash bins were in the shot. And please, always close toilet seats first! Prospective renters are savvy, and their intuition perks up when they see less than professional looking photos.
It’s All About Timing
This summer, make the most of the opportunity. In D.C., there’s a wave of renters moving for new jobs, internships, or simply trying to relocate before school starts. Landlords who prep early and market smartly are the ones who don’t just find tenants, they find good tenants. And they fill units faster.
Grab that to-do list, schedule those contractors, and maybe treat yourself to a cold one after a long day of touch-ups. You’ll thank yourself later when your rental is leased out and earning while others are still scrambling at the end of the season.
Scott Bloom is owner and senior property manager at Columbia Property Management. For more information and resources, visit ColumbiaPM.com.
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