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].
Real Estate
Convert rent check into an automatic investment, Marjorie!
Basic math shows benefits of owning vs. renting
Suppose people go out for dinner and everyone is talking about how they are investing their money. Some are having fun with a few new apps they downloaded – where one can round up purchases and then bundle that money into a weekly or monthly investment that grows over time, which is a smart thing to do. The more automatic one can make the investments, the less is required to “think about it” and the more it just happens. It becomes a habit and a habit becomes a reward over time.
Another habit one can get into is just making that rent check an investment. One must live somewhere, correct? And in many larger U.S. cities like New York, Chicago, D.C., Los Angeles, Miami, Charlotte, Atlanta, Dallas, Nashville, Austin, or even most mid-market cities, rents can creep up towards $2,000 a month (or more) with ease.
Well, do the math. At $2,000 per month over one year, that’s $24,000. If someone stays in that apartment (with no rent increases) for even three years, that amount triples to $72,000. According to Rentcafe.com, the average rent in the United States at the end of 2025 was around $1,700 a month. Even that amount of rent can total between $60,000 and $80,000 over 3-4 years.
What if that money was going into an investment each month? Now, yes, the argument is that most mortgage payments, in the early years, are more toward the interest than the principal. However, at least a portion of each payment is going toward the principal.
What about closing costs and then selling costs? If a home is owned for three years, and then one pays out of pocket to close on that home (usually around 2-3% of the sales price), does owning it for even three years make it worth it? It could be argued that owning that home for only three years is not enough time to recoup the costs of mostly paying the interest plus paying the closing costs.
Let’s look at some math:
A $300,000 condo – at 3% is $9,000 for closing costs.
One can also put as little as 3 or 3.5% down on a home – so that is also around $9,000.
If a buyer uses D.C. Opens Doors or a similar program – a down payment can be provided and paid back later when the property is sold so that takes care of some of the upfront costs. Knowledgeable lenders can often discuss other useful down payment assistance programs to help a buyer “find the money.”
Another useful tactic many agents use is to ask for a credit from the seller. If a property has sat on the market for weeks, the seller may be willing to give a closing cost credit. That amount can vary. New construction sellers may also offer these closing cost credits as well.
And that, Marjorie, just so you will know, and your children will someday know, is THE NIGHT THE RENT CHECK WENT INTO AN INVESTMENT ACCOUNT ON GEORGIA AVENUE!
Joseph Hudson is a referral agent with Metro Referrals. Reach him at 703-587-0597 or [email protected].
Some vehicles age quietly — but not muscle cars.
For 2026, the Chevrolet Corvette tightens its focus, fixes one glaring flaw (the previously dowdy interior) and flaunts a futuristic design. The Dodge Charger, on the other hand, is loud and proud, daring you to ignore its presence at your peril.
CHEVROLET CORVETTE
$73,000-$92,000
MPG: 16 city/25 highway
0 to 60 mph: 2.8 seconds
Cargo space: 13 cu. ft.
PROS: Awesome acceleration. Race-car feel. Snazzy cabin.
CONS: No manual transmission. No rear seat. Tight storage.
Finally, the Chevrolet Corvette feels as good inside as it looks flying past you on the freeway. That’s thanks to the classy, completely redesigned cabin. Gone is the old, polarizing wall of buttons in favor of a sleeker, three-screen cockpit. There’s a large digital gauge cluster, a wide infotainment screen angled toward the driver, and a marvy new auxiliary display. Everything is modern and a bit glitzy — but in a good way.
Fit and finish are higher quality than before, and the controls are more intuitive. Chevy’s Performance App is now standard across trims, offering real-time data for drivers who enjoy metrics as much as momentum. And the new interior color schemes, including slick asymmetrical options, let you express yourself without screaming for attention—confidence, not obnoxious bluster.
As for handling, the steering is quick and sure, body control is exceptional, and acceleration is blazingly fast. A mid-engine layout also delivers sublime balance.
Three trim options, including the V8-powered Stingray, the E-Ray (also with a V8 but paired with electric all-wheel drive), and the Z06 and ZR1 variants for racing devotees.
(Note to self: For a truly mind-blowing experience, there’s the new 1,250-horsepower ZR1X all-electric supercar that goes from 0 to 60 mph in less that 2 seconds and is priced starting at $208,000.)
Yes, the ride in any of these Corvettes can be firm. And visibility is, well, rather compromised. But this supercar is a total Dom, not a timid sub. Think Alexander Skarsgard in “Pillion,” and you get the picture.
DODGE CHARGER
$52,000-$65,000
MPG: 16 city/26 highway
0 to 60 mph: 3.9 seconds
Cargo capacity: 22.75 cu. ft.
PROS: Choice of gas or EV power. Modern tech. Spacious cabin.
CONS: No V8 engine (yet). Soft steering. Less-than-lithe cornering.
Everything old is new again for the Dodge Charger. The automaker initially was phasing out gas-powered models in a shift to electric vehicles but then quickly pivoted back to include gas engines after yo-yo regulatory changes this year from, well, the yo-yos in the White House.
Powerful twin-turbo engines in the R/T and Scat Pack trims produce up to 550 horsepower. These models come standard with all-wheel drive but can be switched to rear-wheel drive for classic muscle-car antics when the mood strikes you.
At the same time, Dodge still offers the electric Charger Daytona, delivering up to 670 horsepower and ferocious straight-line acceleration.
The Charger’s aggressive design, massive digital displays and practical hatchback layout carry over, reinforcing its ability to be both a performance diva and everyday companion. With the larger-than-expected storage space, I appreciated being able to fit a boatload of groceries in the trunk during a Costco run.
New wheel designs, paint choices and trim variations help you visually distinguish between gas and electric Chargers. But no matter the model, each one feels decisive and deliberate on the road. Commuting in stop-and-go traffic during rush hour is fine, but this street machine excels at high-speed cruising on the freeway.
The turbo six-cylinder engine delivers muscular torque with less drama than the old V8s, but still with plenty of urgency. The electric Daytona version is a different kind of thrill, with its instant, silent thrust that feels like it could almost launch you to the moon.
Steering is stable but not exactly crisp, and the Charger’s weight makes it less lithe—and lively—than other muscle cars, especially when navigating tight corners.
But that’s just fine with me. Like Bea Arthur as Dorothy in “The Golden Girls,” this no-nonsense muscle car is proud to be big, bold and brassy.
Real Estate
Top buyer-friendly markets for the LGBTQ community
Home should be a place where you can be fully yourself
Buying or selling a home is one of the most meaningful financial and emotional decisions a person can make. For LGBTQ+ individuals and families, that journey can also come with unique considerations — from finding truly inclusive neighborhoods to working with professionals who understand and respect who you are.
The good news? Across the United States, there are increasingly buyer-friendly housing markets where LGBTQ+ home buyers and sellers can find opportunity, affordability, and community. When paired with the right representation, these markets can offer not only strong financial value, but peace of mind.
For more than 30 years, GayRealEstate.com has been the leading source of LGBTQ+ real estate representation, helping LGBTQ+ buyers and sellers connect with vetted, LGBTQ+ friendly real estate agents who understand the nuances of fair housing, legal protections, and inclusive service.
Below, we explore top buyer-friendly markets for the LGBTQ+ community, along with practical tips to help you navigate the process with confidence.
What Makes a Market Buyer-Friendly?
A buyer-friendly market isn’t just about lower prices — especially for LGBTQ+ home buyers. It often includes:
- Increased housing inventory (more choices, less pressure)
- Slower price growth or stabilized pricing
- Greater negotiating power for buyers
- Established or emerging LGBTQ+ communities
- Local protections and inclusive policies
- Access to LGBTQ+ friendly real estate agents and resources
Markets that combine affordability with inclusivity can be especially attractive for first-time gay home buyers, same-sex couples, and LGBTQ+ families planning for long-term stability.
Top Buyer-Friendly Markets for LGBTQ Home Buyers
1. Austin & San Antonio, Texas
Once known for extreme competition, many Texas metros have shifted into more buyer-friendly territory due to increased inventory.
Why it works for LGBTQ+ buyers:
- Strong LGBTQ+ communities, especially in Austin
- More negotiating leverage than in prior years
- Diverse neighborhoods at varying price points
Tip: Texas does not have statewide LGBTQ+ housing protections, making it especially important to work with an experienced LGBTQ+ friendly realtor through GayRealEstate.com.
2. Columbus & Cincinnati, Ohio
Ohio cities continue to attract buyers looking for value without sacrificing culture or inclusivity.
Why it works:
- Lower median home prices
- Growing LGBTQ+ populations
- Strong healthcare, education, and job markets
These cities are particularly appealing for LGBTQ+ buyers relocating from higher-cost coastal markets.
3. Richmond, Virginia
Richmond has become a standout for LGBTQ+ home ownership thanks to affordability, history, and progressive growth.
Highlights:
- Inclusive local culture
- Buyer-friendly price trends
- Walkable neighborhoods popular with LGBTQ+ professionals
4. Minneapolis–St. Paul, Minnesota
The Twin Cities consistently rank high for LGBTQ+ quality of life and legal protections.
Why LGBTQ+ buyers love it:
- Strong anti-discrimination laws
- Stable home values
- Excellent resources for LGBTQ+ families
Minnesota offers one of the safest environments for LGBTQ+ home buyers and sellers navigating the real estate process.
5. Jacksonville & Tampa Bay, Florida
Florida remains complex for LGBTQ+ buyers, but some metros still offer strong buyer opportunity.
What to know:
- Increased inventory = more negotiating power
- Coastal lifestyle at lower cost than South Florida
- Local LGBTQ+ communities continue to grow
Because statewide protections vary, partnering with a GayRealEstate.com LGBTQ+ friendly real estate agent is essential.
Finding LGBTQ-Friendly Neighborhoods
Not every “affordable” neighborhood is inclusive — and safety, comfort, and belonging matter.
When searching for LGBTQ+ friendly neighborhoods:
- Look for visible LGBTQ+ organizations, events, and businesses
- Research local non-discrimination ordinances
- Ask your agent about lived experiences, not just statistics
- Talk to neighbors and local LGBTQ+ groups
Agents in the Gay Real Estate Network often provide insight that listing data alone cannot.
The Importance of LGBTQ Real Estate Representation
While fair housing laws exist, LGBTQ+ housing discrimination still happens — sometimes subtly, sometimes overtly.
Working with an LGBTQ+ friendly real estate agent helps ensure:
- Respectful communication
- Advocacy during negotiations
- Awareness of legal protections
- A safer, more affirming experience
GayRealEstate.com has spent over three decades building the most trusted network of gay realtors, lesbian real estate agents, and LGBTQ+ friendly real estate professionals nationwide.
Legal Protections Every LGBTQ Buyer and Seller Should Know
Federal protections now include sexual orientation and gender identity under the Fair Housing Act, but enforcement and local laws vary.
Before buying or selling:
- Understand your state and local protections
- Know how to document discriminatory behavior
- Work with professionals who take advocacy seriously
- Use trusted LGBTQ+ real estate resources
GayRealEstate.com agents are experienced in helping clients navigate these realities with confidence.
Tips for LGBTQ Home Buyers & Sellers
- Get pre-approved early to strengthen your buying position
- Interview agents and ask direct questions about LGBTQ+ experience
- Don’t ignore your instincts — comfort matters
- Plan long-term: community, schools, healthcare, and protections
- Use LGBTQ+-specific resources rather than generic searches
Buyer-friendly markets create opportunity — but representation creates security.
Whether you’re a first-time gay home buyer, a same-sex couple relocating, or an LGBTQ+ seller preparing for your next chapter, choosing the right market and the right representation makes all the difference.
For over 30 years, GayRealEstate.com has been the trusted leader in LGBTQ+ real estate, connecting buyers and sellers with professionals who understand the importance of inclusion, advocacy, and respect.
Your home should be more than a place to live — it should be a place where you can be fully yourself.
Scott Helms is president and owner of Gayrealestate.com.
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