97-year-old faces eviction for smoking
The Lakes at Pointe West has told her she will be evicted if she doesn't stop smoking inside her one-bedroom apartment.Full Story
#2 Feb 10, 2012
So she's 97. She was only 94 when the rules changed. Why didn't she do something while she was still young?
#3 Feb 10, 2012
"'The operator of the assisted-living facility was well aware that Mrs. O'Grady was a smoker,' Stewart said.'Permission to smoke in the unit was a motivating factor for Mrs. O'Grady to sign the lease.'"
In 2004, I doubt there were enough places that DIDN'T permit smoking in their units for this claim to stand up in court.
If the smoke-free rule is part of the "house rules" sort of separate document and Mrs. O'Grady signed off that she would abide by those rules, there is usually a clause that allows changes to be made to the rules. Sometimes there is a modification that requires the landlord to provide a certain amount of time as notice before a new policy takes effect, but the house usually holds that card.
It's rough on the old gal, but it sounds like the neighbors are all seniors as well, and having her smoking is doubtless tough on THEM.
Maybe instead of paying for a high-profile lawyer they should be offering to install an industrial-strength filtration/cleaning system in her apartment if the management will permit her to live out her years there. It's my understanding that nothing out there is adequate to deal with multiple smokers, but the effects of half a pack a day with a sort of multifaceted approach to minimize impact should be acceptable.
Combining the ionizing air-cleaners with an active flow-through fan sort of filtering process might get the job somewhere close to done. It would probably be noisy for her, but she's the one who would be accommodated.
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