Woman seeking ban over neighbor's secondhand smoke

"At the end of the day, they need to prevent smoking from other units going into her apartment."

The lawsuit, filed Monday in U.S. District Court in Detroit, alleges violations of the federal Fair Housing Act and the Michigan Persons with Disabilities Civil Rights Act.

It also accuses the defendants of creating a nuisance that caused injury and of breaching a covenant — in this case, sections of the association's bylaws that forbid nuisances; require residents to keep the building clean and sanitary; and prohibit residents from doing anything that could increase the price of insurance without permission. Smoking is a fire hazard, and allowing it could increase insurance rates, Davis argues.

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