What do the ADA and FHA say about smoking in nursing homes, assisted living facilities and apartments?
Both the federal Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) are clear that persons cannot be discriminated against in workplaces, public places or in housing due to disability; and, having severe breathing problems constitutes a disability.
Therefore, these facilities are required by the ADA and/or FHA (and parallel state statutes) to provide reasonable accommodations to persons with severe breathing disabilities, including possibly making the facility totally smoke-free.