By Bob Katzen

A bill heard by the Judiciary Committee would create a legal assumption about whether there has been smoking in a non-smoking apartment. The assumption relies on the fact that there is no legitimate reason why a renter should take down, unplug or cover their smoke detectors. If a renter does this, they will be assumed to have been smoking.

The landlord must prove the detectors were there when the renter moved in. A third party, like the fire department, must testify or provide a report that the detectors were not there after the incident.

“This bill would provide property owners with the ability to address smoking complaints, which in turn, protects tenants, neighbors and public health,” said sponsor Sen. John Keenan (D-Quincy). “It closes a statutory loophole which causes tenants and property owners to struggle when faced with complaints against tenants for smoking in non-smoking buildings.”